HomeMy WebLinkAboutPC Reso 18-3045RESOLUTION NO. 18-3045
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SITE PLAN REVIEW (PLN -17-00115), THEREBY ALLOWING THE
CONSTRUCTION OF A 580 SQUARE FOOT SECOND STORY ADDITION, A 776 SQUARE
FOOT COVERED ROOF DECK, AND FACyADE MODIFICATIONS TO AN EXISTING
BUILDING TO ACCOMMODATE A FUTURE RESTAURANT, ON PROPERTY LOCATED AT
11100 DOWNEY AVENUE, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A On July 12, 2017, the applicant submitted a request for a Site Plan Review to allow the
construction of a 1,256 square -foot second -story addition and a fagade remodel. Due to
missing information on the project plans, staff deemed the application incomplete; and,
B. On December 18, 2017, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
December 18, 2017; and,
C. On January 4, 2018, notice of the pending application published in the Downey Patriot
and mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on January 17, 2018, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act. Based on its own analysis and consideration, it was found that the project is
categorically exempt from CEQA, pursuant to Guideline Section No. 15303 (Class 3, New
Construction or Conversion of Small Structures), The Planning Commission finds the project is
in an urbanized area, does not exceed a floor area of 10,000 square feet, does not involve
significant amounts of hazardous substances, is in an area where all necessary public services
and facilities are available, and the surrounding area is not environmentally sensitive.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
A. The site plan is consistent with the goals and policies embodied in the General Plan and
other applicable plans and policies adopted by the Council. The subject site has General
Plan Land Use designation of Mixed Use. It is the intent of the Mixed Use designation
"to provide for development of a variety of uses (including: retail, office, service, and
residential) on the same parcel or within close proximity of each other." This proposal
will provide an opportunity for a new restaurant to occupy this space, which has been
vacant for over four years and will provide new dining and entertainment opportunities.
This is also consistent with General Plan Program 1.1.5.2, "Promote Downtown Downey
as a destination draw for entertainment and dining uses."
Resolution No. 18-3045
Downey Planning Commission
B. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. The subject site is located within the
Downtown Downey Specific Plan, which serves as the zoning ordinance for the area.
The proposed project is consistent with the purpose and objectives of the Specific Plan;
wherein, it "seeks to preserve and enhance the features that provide each district with its
unique character, while simultaneously improving the liveliness and aesthetics of the
overall Downtown area." Additionally, it complies with the objective that encourages the
preservation and enhancement of the unique character of existing structures. The
fagade remodel and second -story addition brings a new look and attraction to this corner
while complementing the existing structures that abut the subject site. Finally, this
proposal complies with all development standards set forth in the Specific Plan.
C. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site, the immediate neighborhood, and the surrounding areas of the City. The proposed
development complies with all the development standards. The architecture of the
building incorporates the modern style of the Downey View Apartments, located to the
east, yet includes a rustic fagade that complements the abutting building to the south.
Additionally, it will integrate harmoniously into the neighborhood because the building is
designed to prevent noise issues from the future use.
D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The design of the structure is designed so as to be pedestrian friendly in that the
entrance is located approximately 400 feet from the public parking, has an entrance
located along Downey Avenue, and allows patrons to experience Downtown Downey
from a second -floor view and an open-air element. In this way, the functional aspects of
the proposed project have been thought out and are consistent with the objectives and
goals of the Downtown Downey Specific Plan.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The project will remodel an existing, vacant building and turn it into a modern, two-story
space for a restaurant. The architecture of the building incorporates the modern style of
the Downey View Apartments, located to the east, yet includes a rustic fagade that
complements the abutting building to the south.
F. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The proposed project shall
upgrade an outdated space that has been vacant for approximately four years and will
now provide a restaurant service to the surrounding community. Additionally, the
proposed second floor mitigates potential noise issues that could negatively impact
residents at the Downey View Apartments. The rear portion of the second floor, along
with the roof will direct noise from the future use away from the residents and towards
Downey Avenue.
G. The proposed development's site plan and its design features will include graffiti
resistant features and materials in accordance with the requirements of Section 4960 of
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January 17, 2018 — Page 2
Resolution No. 18-3045
Downey Planning Commission
Chapter 10 of Article IV of this Code. Conditions of approval have been added to this
project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code.
This includes the use of graffiti resistant products in the construction of the building and
the removal of any graffiti within 24 hours of application, which will be the responsibility
of the applicant to complete.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution,
the Planning Commission of the City of Downey hereby approves Site Plan Review (PLN -17-
00115) subject to conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of January, 2018.
Patrick Owens, Vice Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 17th day of
January, 2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens and Dominguez
NOES:
COMMISSIONERS:
Flores and Duarte
ABSENT:
COMMISSIONERS:
Rodriguez
ABSTAIN
COMMISSIONERS:
None
Mary Cav
nagh, Secretary
City Planning
Commission
11100 Downey Avenue — PLN -17-00115
January 17, 2018 — Page 3
Resolution No. 18-3045
Downey Planning Commission
SITE PLAN REVIEW (PLN -17-00115)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review (PLN -17-00115) allows for the remodel of the
existing 1,382 square foot building and construction of a 580 square -foot, second -story
addition, a new 776 square foot covered roof deck, and modify the facades on an
existing building. Additionally, this approval allows a new 150 square -feet of outdoor
dining area is proposed on the north side of the building, along Second Avenue, and a
new 53 square foot dining area is proposed along the west side of the building, facing
Downey Avenue.
2) This Site Plan Review (PLN -17-00115) shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set, aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
6) All exterior lights on the property shall be LED and shall be directed, positioned, and/or
shielded such that they do not illuminate surrounding properties and the public right-of-
way.
11100 Downey Avenue — PLN -17-00115
January 17, 2018 — Page 4
Resolution No. 18-3045
Downey Planning Commission
7) The approved architectural style shall be as noted in the approved plans. Changes to the
facades and/or colors shall be subject to the review and approval of the City Planner.
The approved color schedule is as follows:
Location _
Color
Pacific Clay Americana Trenton or similar
Exterior Brick Veneer
Exterior Stucco
Dunn Edwards DEC773 Heather or similar
Exterior Guardrail
Alucobond Natural Brushed 50 or similar
Exterior Wood Panel
Trespa Meteon Milano Gri io or similar
Exterior Accent Panel
Rigidized Metals Corp Pattern 1 HR or
similar
Painted Metal Trim
Alucobond Castle Grey or similar
Painted Metal Trim, Frames, and Awnings
Alucobond Dusty Charcoal or similar
8) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
9) Any graffiti applied to the site shall be removed within 24 hours.
10) All mechanical equipment shall be mounted to the rooftop and shall not extend higher
than the building parapets. In cases where roof mounted equipment is required by
another code or regulation to extend taller than the parapet, said equipment shall be
screened from view to the satisfaction of the City Planner.
11) Prior to building permit final, the Applicant shall obtain waivers for 12 parking spaces.
12) All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and Downey Municipal Code
13) All above grade back-flow preventers, check valves, and transformers shall be painted
and screened from view from the public right-of-way to the satisfaction of the City
Planner and the Fire Marshal.
14) The outdoor dining areas shall require approval of an Encroachment Permit, pursuant to
the requirements of the Downtown Downey Specific Plan.
15) Any bollards on the site shall be decorative in nature and shall be approved by the City
Planner.
16) Construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday; and 8:00
a.m. to 5:00 p.m., Saturdays. There shall be no construction activity on Sundays.
17) Owner shall provide a trash enclosure to accommodate the business refuse and
recycling.
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January 17, 2018 — Page 5
Resolution No. 18-3045
Downey Planning Commission
BUILDING
18) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
19) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit final
prior to occupancy of the units.
FIRE
20) Applicant shall submit an automatic fire sprinkler plan for 2 -story Assembly Group A-2
occupancy [CFC § 903.2.1.2 #3; DMC 3318].
21) Applicant shall submit a fire alarm plan for sprinkler monitoring [CFC § 907; DMC 3318].
22) Applicant shall complete and submit Change in Occupancy Use application for TI of
neighboring space from Business Group B occupancy use to that of assembly use.
23) Applicant shall submit a plan for commercial cooking hood/exhaust automatic fire
extinguishing system [CFC § 904.2.2].
24) Applicant shall establish a hazardous materials business plan (HMBP) for the handling
of compressed and/or refrigerated beverage system gases (e.g. Carbon dioxide,
Nitrogen) exceeding 1000 cubic feet at STP (standard temperature pressure) [HSC
25507(5)(C)].
25) Storage of commercial kitchen cooking oil shall adhere to current Fire Code
Requirements [CFC § 610].
26) The design and construction of the project must meet all conditions for Assembly Group
A-2 occupancy for occupant load, exiting, emergency lighting, etc.
PUBLIC WORKS
27) Owner/Applicant shall install a grease interceptor.
28) All new public utilities shall be installed underground.
29) Proposed public improvements shall comply with the latest edition of Standard Plans
and Specifications for Public Works Construction, City of Downey standards and the
Americans with Disabilities Act (ADA).
30) Obtain permits from the Public Works Department for all improvements within the public
right of way at least two weeks prior to commencing work. Contact Brian Aleman at
(562) 904-7110 for information.
31) Remove and replace damaged, uneven or sub -standard curb, gutter, sidewalk,
driveway, disabled ramps, and pavement to the satisfaction of the Public Works
Department. Contact the Public Works Inspector at (562) 904-7110 to identify the limits
of the areas to be removed and replaced at least 48 hours prior to commencing work.
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Resolution No. 18-3045
Downey Planning Commission
32) Submit public improvement plan(s) for review and approval by Public Works
Department.
33) Construct new ADA curb ramp(s) at the intersection of Downey Avenue at Second
Street.
34) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
35) Paint property address numbers (4" height) on the curb face in front of the proposed
development to the City's satisfaction.
36) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
37) The owner/applicant shall furnish and install public potable water improvements
including installation of a new domestic and fire service(s) and all associated fittings and
appurtenances. Connect the new sewer lines to the existing 8 -inch main located on
Second Street.
38) The owner/applicant shall retrofit existing fire hydrants and all associated materials in
accordance with the Fire Department and the Department of Public Works standards
and requirements including furnishing and installing a new riser, fire hydrant head, and
associated fittings.
39) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances, as required. New fire service lateral(s) shall be connected to
existing water main and shall be dedicated for fire service only.
40) The owner/applicant shall furnish and install fire water backflow devices in accordance
with City of Downey standards and as required by State and LA County Department of
Public Health. Backflow devices shall be located on private property, readily accessible
for emergency and inspection purposes, and screened from view by providing sufficient
landscaping.
41) Backflow devices shall be certified in the field by a licensed LA County Department of
Public Health certified tester prior to placing into service and such certification provided
to City.
42) Existing potable water service lines and associated appurtenances must be removed
and abandoned from existing water main.
43) Owner or tenant must establish accounts with the City Cashier prior to the City activating
and the tenant using any fire, or potable water service and meter.
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Resolution No. 18-3045
Downey Planning Commission
44) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of Potable Water Improvement Plans (all City -owned potable water
and fire service lateral improvements).
45) Final City approved potable water main improvement plans shall be submitted on mylars
and shall be signed and stamped by a State of California licensed civil engineer in
addition to review and approval by City.
46) The owner/applicant shall provide and record utility easement for access to, and
inspection and maintenance of, public sewer main, manholes, and appurtenances.
47) The owner/applicant shall remove existing sewer manhole, extend existing 8 -inch VCP
sewer main to property, and install new sewer manhole at the end of the new sewer
main. The design and improvements of sewers shall be in accordance with the latest
standards of the Department of Public Works.
48) The owner/applicant shall furnish and install sewer lateral and connect to new sewer
main with wye and abandon any existing unused sewer laterals. The design and
improvements of sewers shall be in accordance with the latest standards of the
Department of Public Works. Septic systems shall not be allowed.
49) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit. Submit plans to Building & Safety and
Planning Divisions regarding the following:
a) Latest Green Code standards for water fixtures, etc.
50) Submit a copy of the sewer plans to the City and to the Sanitation Districts of Los
Angeles County for review and approval. Contact Los Angeles County Sanitation District
for their requirement.
51) The owner/applicant shall consult the Department of Public Works to determine the
sewer location and design requirements.
52) The owner/applicant shall conduct a sewer capacity study.
53) The water mains shall be of sufficient size to accommodate the total domestic and fire
flow required for the proposed development. The domestic/fire water flows required are
to be checked and approved by the Dept. of Public Works or the water provider for size
and velocity. Fire flows required are to be determined by the Fire Chief.
54) The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low
Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify
and append Public Works standard "Attachment A" to all construction and grading plans
as required by the LACoDPW Stormwater Quality Management Plan (SQMP).
55) The owner/applicant shall deploy Best Management Practices during and after
construction.
56) The owner/applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
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Resolution No. 18-3045
Downey Planning Commission
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government
Code of the State of California.
57) The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling facilities. Trash enclosure shall include roof cover, floor drain connection to
grease interceptor and water hose bib connection for maintenance.
58) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
59) Remove all construction -related Underground Service Alert (USA) temporary pavement
markings created as part of this project within the public -right-of-way in a timely manner.
60) The owner/applicant must comply with all applicable Federal, State and local rules and
regulations, American Disabilities Act (ADA), including compliance with South Coast Air
Quality Management District (SCAQMD) regulations.
END OF CONDITIONS
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