Loading...
HomeMy WebLinkAbout4. PLN-17-00160 11856 Old RiverSTAFF REPORT PLANNING DIVISION DATE: OCTOBER 3, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER SUBJECT: A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL MAP NO. 81331 (PLN-17-00160) – A REQUEST TO ALLOW A REMODEL OF AN EXISTING GASOLINE STATION LOCATION: 11856 OLD RIVER SCHOOL ROAD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY This is a request to approve a Site Plan Review application to demolish the existing auto repair service, fuel pumps and fuel pump canopy and remodel the existing convenience store, construct five new fuel pumps and a new fuel pump canopy, including additional on-site improvements. In conjunction with the Site Plan Review application, the request includes a Conditional Use Permit application that would allow for the continued operation of the gasoline station and the accessory Type 20 (Off-Sale, Beer and Wine, Package Store) license, and Tentative Parcel Map No. 81331 to consolidate two parcels into one parcel. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL MAP NO. 81331 (PLN-17-00160), A REQUEST TO REMODEL AN EXISTING GAS STATION WITH CONVENIENCE STORE, OPERATE SAID STATION WITH A TYPE 20 (OFF-SALE, BEER AND WINE, PACKAGE STORE) LICENSE, AND CONSOLIDATE TWO PARCELS INTO A SINGLE 15,680 SQUARE FOOT LOT BACKGROUND The site is currently developed with a gasoline service station, operated by Anthem Oil, branded as Kwik Serv. The convenience store and service station were originally constructed in 1948, however, the canopies were demolished and rebuilt in 1966, which included the repair facility. PC Agenda Page 1 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 2 Overall, the site is made up of two parcels, which total 15,680 square foot. The corner site includes four (4) driveway entrances, two off Stewart and Gray Road and two off Old River School Road. The site is located within the city’s C-1 (Neighborhood Commercial) zone, and has a General Plan Land Use designation of Neighborhood Commercial. The surrounding properties are zoned and developed as follows: General Plan Zoning Existing Use North Medium Density Residential R-1 5,000 Apartments South Neighborhood Commercial C-1 and R-3 7-11, Apartments East Neighborhood Commercial C-1 Apartments West Neighborhood Commercial C-1 Commercial Retail Center On September 14, 2017 the applicant filed a request for a Site Plan Review, Conditional Use Permit, and Tentative Parcel Map No. 81331. Subsequently, the applicant was issued three separate incomplete letters, on October 24, 2017 (in response to the initial submittal) and on February 9, 2018 (in response to the second submittal), and on June 6, 2018. After submitting all required documents the application was deemed complete on August 24, 2018. On September 20, 2018, notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500 feet of the subject property. Existing South Elevation – Stewart and Gray Road Existing West Side Elevation – Old River School Road PC Agenda Page 2 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 3 DISCUSSION Site Plan Review (SPR) The application consists of the complete remodel of the existing facilities on site, changes to the façade of the 2,230 square foot convenience store, removal of the existing auto repair building, removal and replacement of the fuel pump islands and two separate fuel pump canopies to be removed and replaced with a single fuel pump island canopy (2,540 square feet). Improvements will also include additional on-site parking and landscaping, and the removal of the two driveway approaches, both nearest the Old River School Road and Stewart and Gray Road intersection. Removal of these two driveways will provide for safer ingress and egress. The removal of the auto repair building will allow for a more cohesion between the store, parking and the gasoline pumps. The site will be accessible via the one driveway on Stewart and Gray Road and one on Old River School Road. The project has also been conditioned to incorporate radius returns on both driveway approaches and the installation of “right turn only” signage on both driveway approaches, to prevent drivers from turning left. The exterior of the building will be affixed with soffit as well as underneath the proposed fuel pump canopy, which will reduce the potential for direct glare onto adjacent properties. Staff has recommended a condition of approval that requires that all exterior lights on the property shall be LED and be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of-way. In addition, a proposed parking lot light poles shall be round and have a decorative base that is consistent with the building architecture The development standards for this project are as follows: Standard Zoning Code Standards Proposed Notes Lot Area 22,500 sq. ft. 15,680 sq. ft. Nonconforming Floor Area Ratio 0.25 0.15 Lot Coverage 50% 31.2% Building Height 20 ft. / 1 story 14 ft. (store) 20 ft. (canopy) Setbacks: Front Rear (abutting a residential zone) Side (interior) Street Side (Old River School Road) Fuel Pump Islands Fuel Pump Canopy 15 ft. 46 ft. 5 ft. 20 ft. 20 ft. 10 ft. 110 ft. 0 ft. 28 ft. (store) 19 ft. (canopy) 8 ft. 20 ft. 12 ft. Nonconforming Nonconforming Number of Pump Islands 4 pump islands (max) 3 Number of meter cabinets per island 4 2 (max) Parking 9 9 (Includes one ADA accessible space) Minimum Required Landscaping for Parking Area 1,529 sq. ft. (10% of site) 2,235 sq. ft. PC Agenda Page 3 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 4 The current store includes a red “barn” architectural design. The proposed design is most closely associated with contemporary style of architecture. The materials include a stone veneer along the south, east, and west elevations of the building (Stacking Stone: Old Country Ledge). The front entrance includes a pronounced front entry with alucobond wood paneling (Color: Rustic Walnut), and a decorative gray coping to match the proposed columns throughout the building. The building will include and a two-tone stucco finish. The base colors of the building include: Rustic City along the upper fascia and Classical White on the recessed walls. The building will also incorporate large store front windows. The proposed 20-foot, flat roof canopy includes a decorative cornice, with a blue band along the lower portion of the fascia. The zepher hill colored columns include a stacked stone base that matches the proposed wainscot on the convenience store. Recessed LED lighting will be provided beneath the canopy, which will allow light to be focused on the gasoline pump islands without additional glare. The site includes an existing pole sign at the corner of the property, which will be demolished as part of the required corner dedication to the City. The applicant will be required to submit a Sign Plan application for all signage on the property. Presently, the site contains very little landscaping, with a small landscape planter located along Old River School Road, between the store and sidewalk. The applicant proposes to include 2,235 square feet of landscaping throughout the site. The concrete area between the store and the sidewalk along Old River School Road will be removed and replaced with landscaping, creating a 402 square foot planter, however, the existing three queen palms will remain. The landscape plan includes a variety of trees and flowering plants. The site will now be buffered by five-foot wide landscape planters along both street frontages, as well as the east property line. The corner landscape area will now include four 24-inch box, Flaxleaf Paperbark PC Agenda Page 4 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 5 trees in addition to additional flowering plants. The east property line will include a combination of plants, as well as three (3) Mexican Fan Palms, and four (4) Golden Rain Trees. In addition, the applicant is proposing to add 3-foot diameter planter tubs at the ends of each pump island. Staff is recommending a condition of approval that requires City Planner approval of the design prior to installation. As proposed, the amount of landscaping complies with Section 9520 of the Downey Municipal Code. The uses on the site are currently non-conforming, as there is currently no Conditional Use Permit on file for the subject site, as a service station or for the sale of beer and wine for off-site consumption. If approved, this action will bring the use into conformance with the Code. A Type 20 (Off Sale Beer & Wine, Packaged Store) license is typical for convenience food stores and authorizes the sale of beer and wine for the intended consumption off the premises where sold. The applicant is not requesting to sell liquor/spirits or conduct on-site sales/consumption. Presently, the store and gas station operates 24-hours a day, seven days a week, however, according to the applicant, due to an occasional shortage of employees, realistically they operate from 6:00 a.m. to 11:00 p.m., with the existing mechanic shop closing at 5:00 p.m. The applicant is proposing to continue operating 24 hours day, seven days a week, with alcohol sales taking place between 6:00 a.m. – 2:00 a.m. The applicant has indicated that there will be 2-3 employees per shift during the day, and 1-2 employees at night. The floor plan will include minor changes as a result of the façade remodel. The proposed entrance to the building will be located along the south elevation. The pre-packaged sales area, the coolers, the accessible uni-sex restroom, the office, and storage rooms will remain unchanged. The site is required to contain “no charge” services for the following: •Air for tire inflation; •Water for radiators; •Windshield washing material; and, •Men’s and women’s public restroom. The site currently consists of two parcels. The applicant is proposing to merge two lots into a single lot. Merging the front 11,280 square foot lot and the rear 4,400 square foot parcel would result in a 15,680 square foot parcel. While both lots are presently developable, merging the two lots would bring the subject site closer into compliance with Section 9406 of the Downey Municipal Code. DEVELOPMENT REVIEW COMMITTEE On October 5, 2017, the Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building. No department expressed major concerns or opposition over the project, and issued standard conditions. Recommended conditions of approval have been included in the attached resolution to address these concerns. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Site Plan Review, Conditional Use Permit, and Tentative Parcel Map for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32 – In-Fill Development PC Agenda Page 5 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 6 Projects). Class 32 exemptions consist of projects consistent with the city’s general plan and municipal code, on a site no greater than five (5) acres and surrounded by urban uses, site has no value as a habitat for threatened species, approval of the project would not result in any significant impacts, and the site can be adequately served by all required utilities. FINDINGS Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted prior to approving the Site Plan Review. The findings are as follows: A.That the site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. It is staff’s opinion that the project is consistent with all applicable goals and policies specified in the City’s General Plan and policies adopted by the City Council. In addition, the project’s main objective to revitalize the site helps achieve various long term goals. Specifically, the following policies are promoted by the Conditional Use Permit and Site Plan Review: Policy 8.1.1 – Promote architectural design of the highest quality. The proposed architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although newer than most developments within its proximity. The redevelopment of this site has the potential of serving as an example for higher quality of architecture for future developments within the city. Policy 8.2.2 – Promote the upgrading of properties. The proposed improvements will not only upgrade the subject site by remodeling the outdated appearance of the convenience store, auto mechanic building (removal), fuel pumps and canopies, but will also enhance the remaining portions of the site by adding additional landscaping and parking. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since 1966, and is surrounded by older developed commercial properties. The quality of design, site layout, and landscaping not only upgrade the subject property but improve the surrounding areas as well. B.That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The purpose of the C-1 (Neighborhood Commercial) zone, as stated in the Downey Municipal Code, “is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area.” It is staff’s opinion that the proposed application is in conformance with the objectives stated above. This is achieved because gasoline service stations can serve a large area, PC Agenda Page 6 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 7 but are primarily intended to serve the immediate neighborhood. In addition, the proposed project continues to provide residents with a variety of goods and services. C.That 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 design of the project will integrate harmoniously with this area by providing aesthetically pleasing architecture and landscaping. The renovations serve as a significant upgrade from the existing facilities on the site. In addition, the streetscape is enhanced by adding landscaping along the street side property lines. The removal of two driveway approaches significantly reduce potentially dangerous traffic conditions on both Old River School Road and Stewart and Gray Road. D.That 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. No changes will occur to the convenience store building footprint, however, the auto mechanic building will be demolished, as well the fuel pumps and fuel pump canopies and replaced with a more streamlined site design that allows for nine parking spaces, minimum driveway widths, and improved site ingress and egress. Due to the improvements, the development will become more functional as vehicular circulation is improved. In addition, visual effects of the development from the view of the public street are enhanced due to the upgrade in the building façade, new fuel pump canopy and significant increase in additional landscaping. E.That the proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The overall design objective is to upgrade the current site design by modernizing the existing store, fuel pumps and fuel pump canopy, and providing usable parking stalls, better on-site circulation, and a significant amount of landscaping. The proposed building includes a contemporary architectural design, with a combination of architectural elements, such as two-toned colored stucco, wood and stone design elements, and upgraded fuel pumps and fuel pump canopy design. These improvements will also result in creating a more streamlined vehicular and pedestrian on-site circulation pattern. F.That 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 architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although newer than most developments within its proximity. In addition, the redevelopment of this site has the potential of serving as an example for higher quality of architecture for future developments within the surrounding areas and within the City of Downey. The removal of the two driveway approaches will reduce the negative traffic impacts associated with each, as ingress and egress will take PC Agenda Page 7 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 8 place further from the intersection leading to the betterment of the public health, safety, comfort and welfare of the residents of the City of Downey. Lastly, the operational procedures of the proposed development are also conditioned in an effort to ensure that any potential effects in public health, safety, comfort and general welfare are mitigated as much as possible. G. That 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 Chapter 10 of Article IV of this Code. The project has been conditioned to meet the requirements specified in Section 4960 of the Downey Municipal Code. Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: A. That the requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. It is staff’s opinion that the requested conditional use permit for the continued operation of the site as a gasoline station and convenience store with a Type 20 (Off-Sale, Beer and Wine, Package Store) license, will not adversely affect the purpose and intent of the Downey Municipal Code or General Plan. The subject property is located within the C-1 (Neighborhood Commercial) zone, which is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area. Specifically, the following policy is promoted by the Conditional Use Permit: Policy 1.1.4. – Provide an appropriate amount of land area for people to acquire goods and services. The requested conditional use permit will allow the continued operation of the gasoline station and a convenience store with a Type 20 (Off-Sale, Beer and Wine, Package Store) license, and will continue to provide the surrounding neighborhood with shopping and gasoline needs on a 24-hour basis. B. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The site already includes a gasoline station, as well as a Type 20 (Off-Sale, Beer and Wine, Package Store) license. The conditional use permit will bring the use of the site into conformance with the Downey Municipal Code. The intent of the C-1 (Neighborhood Commercial) zone is to serve the immediate neighborhood, which is what this use is attempting to accomplish. The gasoline station and convenience store are common within commercial areas and occasionally found in close proximity to residential areas. The use on the site will not create an adverse impact as a result of approval, specifically because the main use of the site will remain the same. PC Agenda Page 8 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 9 C. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The proposed scope of work includes a reduction in the building square footage, as the auto repair building will be removed, but will increase the number of fuel pumps by one (five total), and replace the two separate fuel pump canopies with one canopy. The scope of work also includes a façade remodel of the existing commercial store, but there will be no additional square footage added to the building as a result of the façade remodel. The request to install new gasoline pump islands and a new canopy will allow for better on-site vehicular and pedestrian circulation, while also accommodating additional on-site landscaping and more functional parking spaces. The existing convenience store already has a Type 20 (Off-Sale, Beer and Wine, Package Store) license, however the store and the gasoline station lacked a Conditional Use Permit. The applicant’s request for continued operation of the gasoline station, the convenience store with the Type 20 (Off-Sale, Beer and Wine, Package Store) license does not warrant a need for additional accommodations to the site. Therefore, it is staff’s opinion that the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request for off sale alcohol sales and renovation to the existing facilities in conjunction with the ongoing operation of an existing gasoline service station is not anticipated to generate significant traffic impacts. All parking needs (nine required, nine provided) will be provided on site, and additional spaces are provided while patrons use the five available fuel pumps. In addition, Old River School Road and Stewart and Gray Road are designed to accommodate the traffic generated by this application request. In addition, the removal of two separate driveways also allows safer site ingress/egress. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The following five (5) findings must be adopted prior to approving Tentative Parcel Map No. 81331. The findings are as follows: A. That the proposed map is consistent with the General Plan. It is staff’s opinion that the Tentative Parcel Map is consistent with all applicable goals and policies specified in the City’s General Plan and policies adopted by the City Council. In addition, the project’s main objective to revitalize the site helps achieve various long term goals. Specifically, the following policies are promoted by the Conditional Use Permit and Site Plan Review: Policy 8.1.1 – Promote architectural design of the highest quality. The proposed architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although newer than most developments within its proximity. The redevelopment of this site has the potential of serving as an example for higher quality of architecture for future developments within the city. PC Agenda Page 9 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 10 Policy 8.2.2 – Promote the upgrading of properties. The proposed improvements will not only upgrade the subject site by remodeling the outdated appearance of the convenience store, auto mechanic building (removal), fuel pumps and canopies, but will also enhance the remaining portions of the site by adding additional landscaping and parking. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since 1966, and is surrounded by older developed commercial properties. The quality of design, site layout, and landscaping not only upgrade the subject property but improve the surrounding areas as well. Program 1.3.2.7 – Encourage the grouping of adjoining small or odd shaped parcels in order to create more viable developments. By allowing the parcels to be combined, the developer will be able to remodel the existing site through a façade remodel of the existing convenience store, the removal and replacement of the outdated appearing fuel pumps and fuel pump canopy, and complete removal of the auto repair building. The remodel will allow for improved on-site pedestrian and vehicular circulation as well as a significant increase in the amount of on- site landscaping. B. That the site is physically suitable for the type and density of development. The 15,860 square foot site is currently improved with a gasoline station, convenience store, and an auto repair building. Approval of the map will allow a façade remodel of the existing 2,230 square foot convenience store (no additional square footage), and removal and replacement of the existing fuel pumps and fuel pump canopy. The proposal also includes the removal of the auto repair building. The proposed site layout allows for proper vehicle and pedestrian movement, while allowing for landscaped setbacks and required parking. This demonstrates that the site has adequate size and shape to allow the full development of the proposed use in a manner not detrimental to the particular area. C. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Combining the two parcels into a single lot will not alter the uses on the site, nor will it change the overall lot size or dimensions. The proposed approval does not have the capability to influence public health. Notwithstanding this, the map does support the remodel of the site for the continued use of a gasoline station and convenience store. As part of the project approval, it is staff’s opinion that the remodel of the existing site would not create an impact to public health. While there is one additional fuel pump cabinet proposed, the auto mechanic building will be removed. The removal of the auto repair building and the current configuration of the fuel pumps and canopies, and two driveway approaches will allow for improved on-site pedestrian and vehicular circulation. Thus, the map will not cause a public health problem. PC Agenda Page 10 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 11 D. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed map will combine two lots into one parcel. All existing easements will be preserved in place and will not be impacted. E. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is improved a gasoline station, convenience store, and auto repair building, with a majority of the site already paved. There are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive, or special status species. As such, the proposed the project will not impact wildlife resources. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Based on the analysis contained within this report, staff concludes that the proposed Site Plan Review, Conditional Use Permit, and Tentative Parcel Map No. 81331(PLN-17-00160) aims to enhance the site and surrounding area, and in addition will not create any adverse effects to adjoining properties. Furthermore, staff is concluding that all findings required for approval can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Site Plan Review, Conditional Use Permit and Tentative Parcel Map No. 81331 (PLN-17-00160). EXHIBITS A. Maps B. Draft Resolution C. Project Plans PC Agenda Page 11 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 12 Location Aerial Photograph PC Agenda Page 12 SPR, CUP, & TPM - PLN-17-00160 October 3, 2018 - Page 13 Zoning PC Agenda Page 13 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL MAP NO. 81331 (PLN-17-00160), A REQUEST TO REMODEL AN EXISTING GAS STATION WITH CONVENIENCE STORE, OPERATE SAID STATION WITH A TYPE 20 (OFF-SALE, BEER AND WINE, PACKAGE STORE) LICENSE, AND CONSOLIDATE TWO PARCELS INTO A SINGLE 15,680 SQUARE FOOT LOT 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 September 14, 2017, the applicant filed a request for Site Plan Review, Conditional Use Permit, and a Tentative Parcel Map No. 81331 (PLN-17-00160) to remodel the site by demolishing the existing auto repair building, replacing the fuel pumps and canopies, remodel of the existing convenience store, and adding landscaping; and, B. On October 24, 2017, the applicant was issued a letter deeming the application incomplete; and, C. On July 25, 2018 the applicant submitted the final information needed to complete the application accordingly. On August 24, 2018, the application was deemed complete; and, D. On September 20, 2018, a notice of the public hearing was sent to all property owners within 500’ of the subject site and the notice was published in Downey Patriot; and, G. The Planning Commission held a duly noticed public hearing on October 3, 2018, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares that the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15332 (Class 32, In-Fill Development Projects). Class 32 consists of projects that are consistent with the General Plan and zoning, on a site that is less than five acres and does not have any protected habitat, and can be adequately served by utilities. 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 polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The project is consistent with all applicable goals and policies specified in the City’s General Plan and policies adopted by the City Council. In addition, the project’s main objective to revitalize the site helps achieve various long term goals. Specifically, the following PC Agenda Page 14 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 2 policies are promoted by the Conditional Use Permit and Site Plan Review: Policy 8.1.1 – Promote architectural design of the highest quality. The proposed architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although newer than most developments within its proximity. The redevelopment of this site has the potential of serving as an example for higher quality of architecture for future developments within the city. Policy 8.2.2 – Promote the upgrading of properties. The proposed improvements will not only upgrade the subject site by remodeling the outdated appearance of the convenience store, auto mechanic building (removal), fuel pumps and canopies, but will also enhance the remaining portions of the site by adding additional landscaping and parking. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since 1966, and is surrounded by older developed commercial properties. The quality of design, site layout, and landscaping not only upgrade the subject property but improve the surrounding areas as well. B. The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The purpose of the C-1 (Neighborhood Commercial) zone, as stated in the Downey Municipal Code, “is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area.” The proposed application is in conformance with the objectives stated above. This is achieved because gasoline service stations can serve a large area, but are primarily intended to serve the immediate neighborhood. In addition, the proposed project continues to provide residents with a variety of goods and services. 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 design of the project will integrate harmoniously with this area by providing aesthetically pleasing architecture and landscaping. The renovations serve as a significant upgrade from the existing facilities on the site. In addition, the streetscape is enhanced by adding landscaping along the street side property lines. The removal of two driveway approaches significantly reduce potentially dangerous traffic conditions on both Old River School Road and Stewart and Gray Road. 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 PC Agenda Page 15 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 3 public streets. No changes will occur to the convenience store building footprint, however, the auto mechanic building will be demolished, as well the fuel pumps and fuel pump canopies and replaced with a more streamlined site design that allows for nine parking spaces, minimum driveway widths, and improved site ingress and egress. Due to the improvements, the development will become more functional as vehicular circulation is improved. In addition, visual effects of the development from the view of the public street are enhanced due to the upgrade in the building façade, new fuel pump canopy and significant increase in additional landscaping. 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 overall design objective is to upgrade the current site design by modernizing the existing store, fuel pumps and fuel pump canopy, and providing usable parking stalls, better on-site circulation, and a significant amount of landscaping. The proposed building includes a contemporary architectural design, with a combination of architectural elements, such as two-toned colored stucco, wood and stone design elements, and upgraded fuel pumps and fuel pump canopy design. These improvements will also result in creating a more streamlined vehicular and pedestrian on-site circulation pattern. 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 architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although newer than most developments within its proximity. In addition, the redevelopment of this site has the potential of serving as an example for higher quality of architecture for future developments within the surrounding areas and within the City of Downey. The removal of the two driveway approaches will reduce the negative traffic impacts associated with each, as ingress and egress will take place further from the intersection leading to the betterment of the public health, safety, comfort and welfare of the residents of the City of Downey. Lastly, the operational procedures of the proposed development are also conditioned in an effort to ensure that any potential effects in public health, safety, comfort and general welfare are mitigated as much as possible. 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 Chapter 10 of Article IV of this Code. The project has been conditioned to meet the requirements specified in Section 4960 of the Downey Municipal Code. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. The requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The requested conditional use permit for the continued operation of the site as a gasoline station and convenience store with a Type 20 (Off-Sale Beer and Wine License-Packaged Store), will not adversely affect the purpose and intent of the Downey Municipal Code or General Plan. The subject property is located within the C-1 (Neighborhood PC Agenda Page 16 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 4 Commercial) zone, which is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area. Specifically, the following policy is promoted by the Conditional Use Permit: Policy 1.1.4. – Provide an appropriate amount of land area for people to acquire goods and services. The requested conditional use permit will allow the continued operation of the gasoline station and a convenience store with a Type 20 (Off-Sale, Beer and Wine, Package Store) license, and will continue to provide the surrounding neighborhood with shopping and gasoline needs on a 24-hour basis. B. The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The site already includes a gasoline station, as well as an Alcohol Beverage Control Type 20 (Off- Sale Beer and Wine, Package Store) license. The conditional use permit will bring the use of the site into conformance with the Downey Municipal Code. The intent of the C-1 (Neighborhood Commercial) zone is to serve the immediate neighborhood, which is what this use is attempting to accomplish. The gasoline station and convenience store are common within commercial areas and occasionally found in close proximity to residential areas. The use on the site will not create an adverse impact as a result of approval, specifically because the main use of the site will remain the same. C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The proposed scope of work includes a reduction in the building square footage, as the auto repair building will be removed, but will increase the number of fuel pumps by one (five total), and replace the two separate fuel pump canopies with one canopy. The scope of work also includes a façade remodel of the existing commercial store, but there will be no additional square footage added to the building as a result of the façade remodel. The request to install new gasoline pump islands and a new canopy will allow for better on-site vehicular and pedestrian circulation, while also accommodating additional on-site landscaping and more functional parking spaces. The existing convenience store already has a Type 20 (Off-Sale, Beer and Wine, Package Store) license, however the store and the gasoline station lacked a Conditional Use Permit. The applicant’s request for continued operation of the gasoline station, the convenience store with the Type 20 license does not warrant a need for additional accommodations to the site. Therefore, the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request for off sale alcohol sales and renovation to the existing facilities in conjunction with the ongoing operation of an existing gasoline service station is not anticipated to generate significant traffic PC Agenda Page 17 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 5 impacts. All parking needs (nine required, nine provided) will be provided on site, and additional spaces are provided while patrons use the five available fuel pumps. In addition, Old River School Road and Stewart and Gray Road are designed to accommodate the traffic generated by this application request. In addition, the removal of two separate driveways also allows safer site ingress/egress. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. SECTION 5. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Tentative Parcel Map No. 81331, the Planning Commission further finds, determines and declares that: A. The proposed map is consistent with the General Plan. The Tentative Parcel Map is consistent with all applicable goals and policies specified in the City’s General Plan and policies adopted by the City Council. In addition, the project’s main objective to revitalize the site helps achieve various long term goals. Specifically, the following policies are promoted by the Conditional Use Permit and Site Plan Review: Policy 8.1.1 – Promote architectural design of the highest quality. The proposed architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although newer than most developments within its proximity. The redevelopment of this site has the potential of serving as an example for higher quality of architecture for future developments within the city. Policy 8.2.2 – Promote the upgrading of properties. The proposed improvements will not only upgrade the subject site by remodeling the outdated appearance of the convenience store, auto mechanic building (removal), fuel pumps and canopies, but will also enhance the remaining portions of the site by adding additional landscaping and parking. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since 1966, and is surrounded by older developed commercial properties. The quality of design, site layout, and landscaping not only upgrade the subject property but improve the surrounding areas as well. Program 1.3.2.7 – Encourage the grouping of adjoining small or odd shaped parcels in order to create more viable developments. By allowing the parcels to be combined, the developer will be able to remodel the existing site through a façade remodel of the existing convenience store, the removal and replacement of the outdated appearing fuel pumps and fuel pump canopy, and complete removal of the auto repair building. The remodel will allow for improved on- site pedestrian and vehicular circulation as well as a significant increase in the amount of on-site landscaping. B. The site is physically suitable for the type and density of development. The 15,860 square foot site is currently improved with a gasoline station, convenience store, and PC Agenda Page 18 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 6 an auto repair building. Approval of the map will allow a façade remodel of the existing 2,230 square foot convenience store (no additional square footage), and removal and replacement of the existing fuel pumps and fuel pump canopy. The proposal also includes the removal of the auto repair building. The proposed site layout allows for proper vehicle and pedestrian movement, while allowing for landscaped setbacks and required parking. This demonstrates that the site has adequate size and shape to allow the full development of the proposed use in a manner not detrimental to the particular area. C. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Combining the two parcels into a single lot will not alter the uses on the site, nor will it change the overall lot size or dimensions. The proposed approval does not have the capability to influence public health. Notwithstanding this, the map does support the remodel of the site for the continued use of a gasoline station and convenience store. As part of the project approval, the remodel of the existing site would not create an impact to public health. While there is one additional fuel pump cabinet proposed, the auto mechanic building will be removed. The removal of the auto repair building and the current configuration of the fuel pumps and canopies, and two driveway approaches will allow for improved on-site pedestrian and vehicular circulation. Thus, the map will not cause a public health problem. D. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed map will combine two lots into one parcel. All existing easements will be preserved in place and will not be impacted. E. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is improved a gasoline station, convenience store, and auto repair building, with a majority of the site already paved. There are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive, or special status species. As such, the proposed the project will not impact wildlife resources. SECTION 6. Based upon the findings set forth in Sections 1 through 5 of this Resolution, the Planning Commission of the City of Downey hereby approves a Site Plan Review, Conditional Use Permit and Tentative Parcel Map No. 81331 (PLN-17-00160), 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. PC Agenda Page 19 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 7 SECTION 7. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of October 2018. Patrick Owens, 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 3rd day of October 2018, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 20 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 8 SITE PLAN REVIEW, CONDITIONAL USE PERMIT & TENTATIVE PARCEL MAP NO. 81331 (PLN-17-00160) EXHIBIT A - CONDITIONS PLANNING 1) This approval of the Conditional Use Permit, Site Plan Review, and Tentative Parcel Map No. 81331 allows for the operation of a gasoline service station with five fuel pumps, a 2,230 square foot convenience store, and an Type 20 (Off-Sale, Beer and Wine, Package Store) license. 2) Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 3) The site shall remain in substantial conformance with this request and the approved set of plans. 4) Approval of the Site Plan Review, Conditional Use Permit, and Tentative Parcel Map No. 81331 (PLN-17-00160) 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. 5) 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. 6) 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. 7) The business owner shall consent to and provide access to all areas of the subject premises without charge during normal business hours to any Police Department or other City Official for purposes of verifying compliance with any of the Conditions of Approval of this CUP, as well as with any Police Permit and approved Security Plan. 8) The permitted hours of operation of the convenience store and gasoline service station are 24 hours a day, seven days a week. Sales of beer and wine shall be prohibited PC Agenda Page 21 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 9 between the hours of 2:00 a.m. and 6:00 a.m. 9) The sale of beer and wine for on-site consumption is strictly prohibited. 10) The sale liquor/spirits is strictly prohibited. 11) No alcohol advertising will be located on the exterior walls, windows or door of the storefront. Windows shall be kept free and clear, except for temporary window signs, as allowed per section 9612 of the Downey Municipal Code. 12) Prior to the final of building permits, the applicant shall install and maintain “No Loitering” signage to prevent patrons from congregating or loitering in the parking lot. 13) The subject property shall be maintained free of trash, litter, and debris at all times. 14) For security purposes, lighting shall be placed in such a way as to illuminate the area surrounding the trash enclosure. This lighting shall be un-switched and photo-sensor controlled. 15) 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. 16) Any graffiti applied to the site shall be removed within 48 hours. 17) The approved architectural style, finish material, and colors shall be traditional with contemporary elements, 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. At his/her discretion, the City Planner may refer changes to the facades and/or colors to the Planning Commission for consideration. 18) All roof mounted equipment shall be screened from view as seen from adjoining properties and the public right-of-way 19) 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. 20) The business owner must provide no charge service to any customer. This shall include air for tire inflation, water for radiators, windshield washing materials, and men’s and women’s public restrooms at no charge. 21) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval, into the approved set of building plans. 22) All driveway approaches shall be improved with radius returns. PC Agenda Page 22 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 10 23) Driveway approaches shall be improved with stamped colored concrete or pavers across the driveways. The stamped, colored concrete or pavers shall be as approved by the City Planner. 24) Bicycle racks shall be provided on-site. 25) Trucks making deliveries shall turn off all engines and not be allowed to idle on the site. 26) Prior to the final of building permits, all landscaping and irrigation shall be installed. The type, size and number of landscaping shall be as noted on the approved landscape plan. All landscape shall be installed and permanently maintained. 27) Prior to the final of building permits, all installed landscaping shall be certified by a licensed Landscape Architect. The licensed Landscape Architect shall be on-site during the delivery of all trees to certify that all trees and plants are the right species and size. 28) Final map shall be recorded prior to the issuance of building permits. 29) The applicant shall submit a Sign Plan Application for all proposed signage. 30) 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. Parking lot light poles shall be round and have a decorative base. The style and size of the decorative base shall be approved by the City Planner prior to building permit final. 31) Flower pots shall be installed at the ends of the pump islands. The flowerpot design to be reviewed and approved by the City Planner prior to installation. 32) All above grade back-flow preventers, check valves, and shall be painted green and screened from view from the public right-of-way. 33) All bollards on the site shall be decorative in nature and shall be approved by the City Planner. PC Agenda Page 23 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 11 34) The development standards for the site shall be as follows: Zoning Code Standards Proposed Notes Lot Area 22,500 sq. ft. 15,680 sq. ft. Nonconforming Floor Area Ratio 0.25 0.15 Lot Coverage 50% 31.2% Building Height 20 ft. / 1 story 14 ft. (store) 20 ft. (canopy) Setbacks: Front Rear (abutting a residential zone) Side (interior) Street Side (Old River School Road) Fuel Pump Islands Fuel Pump Canopy 15 ft. 46 ft. 5 ft. 20 ft. 20 ft. 10 ft. 110 ft. 0 ft. 28 ft. (store) 19 ft. (canopy) 8 ft. 20 ft. 12 ft. Nonconforming Nonconforming Number of Pump Islands 4 pump islands (max) 3 Number of meter cabinets per island 4 2 (max) Parking 9 9 (including one ADA accessible space) Minimum Required Landscaping for Parking Area 1,529 sq. ft. (10% of site) 2,235 sq. ft. BUILDING 35) All construction shall comply with the most recent adopted City and State building codes: a) 2016 California Building Code b) 2016 California Electrical Code c) 2016 California Mechanical Code d) 2016 California Plumbing Code e) 2016 California Fire Code f) 2016 California Green Code. 36) Special Inspections – As indicated by California Building Code Section 1704, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 37) The Title Sheet of the plans shall include: a) Occupancy Group b) Occupant Load c) Description of use PC Agenda Page 24 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 12 d) Type of Construction e) Height of Building f) Floor area of building(s) and/or occupancy group(s). 38) Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 39) All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 40) The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. 41) A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions’ Code. 42) Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. FIRE 43) The applicant shall obtain a fire construction permit for Underground Storage Tank (UST) modification (Flammable & Combustible Liquids construction permit) from Downey Fire Department [CFC 105.7.8]. 44) A licensed contractor (CSLB licenses A, B, C-36, C-61, D-40) shall perform the UST modification. Three (3) sets of plans, previously reviewed and approved by LA County Public Works UST Section shall be forwarded to Downey Fire for review. 45) Facility’s Hazardous Materials Business Plan (HMBP) shall be amended prior to completion of work [HSC 25505(a)(2); 25508.1]. PUBLIC WORKS 46) All on-site utilities shall be installed underground. 47) 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). 48) 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, Assistant Civil Engineer I, at (562) 904-7110 for information. PC Agenda Page 25 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 13 49) The applicant shall 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. 50) Submit any public improvement plan(s) for review and approval by Public Works Department. 51) All unused driveways shall be removed and constructed with full-height curb gutter, and sidewalk to match existing improvements. 52) The applicant shall construct new ADA curb ramp at Old River School Road and Stewart & Gray Rd intersection. 53) Construct new driveways at least five (5) feet away from any above-ground obstructions in the public right-of-way to the top of the driveway “X.” Otherwise, the obstruction shall be relocated at the applicant’s expense. Ensure that each driveway provides proper pedestrian access across, in compliance with ADA standards. The final layout and site driveway design shall be subject to the review and approval by the Public Works Department. 54) Remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. 55) Ingress and egress on Old River School Road and Stewart & Gray Road frontages shall be restricted to right-turn only. 56) The applicant shall install right turn only signs, and all other miscellaneous signage as required by the Department of Public Works. 57) Paint property address numbers (4” height) on the curb face in front of the proposed development to the City’s satisfaction. 58) Drive approaches shall match driveway width as specified in City standard drawing No. 20 with modified curb radius. 59) Any utilities that are in conflict with the development shall be relocated at the owner/applicant's expense. 60) If owner/applicant is planning on installing an irrigation system on a separate service meter than owner/applicant shall provide separate water irrigation improvement plan sets for review and approval from the City’s Water Department. Final City approved water irrigation improvement plans shall be submitted on mylars and shall be signed and stamped by a State of California licensed civil engineer. 61) 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). PC Agenda Page 26 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 14 62) If any hazardous material is encountered on the site that has the potential to reach the ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 63) If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA. 64) The owner/applicant shall deploy Best Management Practices during and after construction. 65) Grant a 17’ x 17’ (property line corner cut-off) road deed dedication at the corner of Old River School Road & Stewart & Gray Road to the standards of the City Engineering Division. 66) The owner/applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility or organization (private or public), except to the City of Downey prior to recordation of the tract or parcel map. The owner/applicant shall grant easements in the name of the City, including: a. Vehicular easements b. Walkway easements c. Drainage easements d. Utility easements 67) The filed map shall comply with the latest edition of the state subdivision Map Act, the City of Downey Municipal Code and all the applicable state and local laws. Prior to recordation, the Applicant shall: a. Prepare map under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor. The map must be processed through the Dept. of Public Works prior to being filed with the County Recorder. b. A preliminary Title Report (or a chain of title) prepared by the title company for the subdivision is required showing all fee interest holders and encumbrances. An updated title report shall be provided (not older than 90 days) before the final tract/parcel map is released for filing with the County Recorder. c. Monumentation of the tract/parcel map boundaries, street centerline and lot boundaries is required for a map based on a record of survey. In the absence of such record, a licensed land surveyor shall set up all the missing monumentation. d. Upon City Council approval, the final tract/parcel map shall be filed by the Engineer of Record with the Los Angeles County Public Works Department for its recordation. One (1) Mylar copy of the filed map shall be submitted to the City Dept. of Public Works prior to Certificate of Occupancy. e. Certificate of Occupancy is contingent upon the completion the public improvements required in these conditions. If the improvements are not completed prior to approval of the map, the owner/applicant must enter into a subdivision agreement and post a necessary Faithful and Performance Bond in the amount estimated by the Public Works Dept. guaranteeing the completion of the improvements. f. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to the Planning Commission’s tentative PC Agenda Page 27 Resolution No. 18- Downey Planning Commission PLN-17-00160 – 11856 Old River School Road October 3, 2018 - Page 15 approval of this map. g. Any required property in the form of easement, fee simple or irrevocable offer and any right of way vacation in form accepted by the city engineer shall be shown on the map. 68) 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 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. 69) 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. 70) Complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 71) Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement. Construct Pavement on-site parking and circulation areas as required by a pavement engineering or geotechnical report prepared by a Registered Civil Engineer, subject to the review and approval of the Public Works and Community Development Departments. 72) 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. 73) The owner/applicant shall submit a recorded mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images of final map on a portable media for city’s GIS system data updates and maintenance. [End of Conditions] PC Agenda Page 28