HomeMy WebLinkAboutPC Reso 19-3092RESOLUTION NO. 19-3092
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT, VARIANCE,
AND TENTATIVE PARCEL MAP NO. 82540 (PLN -18-00172), THEREBY
ALLOWING THE REMODEL OF AN EXISTING 10,473 SQUARE FOOT
COMMERCIAL BUILDING, THE CONSTRUCTION OF A 4,000 SQUARE FOOT
RESTAURANT BUILDING WITH A DRIVE-THRU LANE AND OUTDOOR SEATING
AREA, THE SUBDIVISION OF A 1.58 -ACRE LOT INTO TWO PARCELS, AND A
PARKING REDUCTION, ON PROPERTY LOCATED AT 8818 IMPERIAL HWY AND
ZONED C-2 (GENERAL COMMERCIAL)
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 November 13, 2018, Ryan Carstensen (hereinafter "applicant"), submitted a
request for a Site Plan Review, Conditional Use Permit, Variance, and Tentative
Parcel Map to renovate the site, construct a new restaurant building, request a
parking reduction, and subdivide a lot; and,
B. On December 12, 2018, the applicants were issued a letter deeming the
application incomplete.
C. On April 23, 2019, the application was deemed complete after all required
documents were submitted and reviewed.
D. On May 2, 2019, 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 May 15, 2019,
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. The proposed project meets all of these
requirements, thus qualifies for a Class 32 exemption.
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. In addition,
the project's objective to revitalize the site helps achieve various long-term goals.
Specifically, the following policies are promoted by the Site Plan Review,
Conditional Use Permit, Variance, and Tentative Parcel Map:
Resolution No. 19-3092
Downey Planning Commission
Policy 8.1.1 — Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site,
and is compatible with surrounding properties although it will be newer than most
developments within its proximity. The redevelopment of this site has the
potential of serving as an example of higher quality architecture for future
developments within the city.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
The site has remained relatively the same since 1970 (with the exception of
multiple minor interior tenant improvements), and is surrounded by older
developed commercial properties. The quality of design, site layout, and
landscaping not only upgrade the subject property but the surrounding area as
well.
Program 1.1.4 — Provide an appropriate amount of land use for people to acquire
goods and services.
The CUP promotes the above policy by introducing a new component that aims
to complement the restaurant that it will serve. This will not only continue to
provide, but will also expand, the type and amount of goods and services
available to the nearby community and general public.
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-2
(General Commercial) zone, as stated in the Downey Municipal Code, "is
intended to provide for and encourage the orderly development of general
commercial uses, with a wide variety of goods and services, for the residents of
the entire City, with provisions designed to ensure that such commerce will be
efficient, functionally related, and compatible with adjacent noncommercial
development." The proposed application is in full conformance with the objectives
stated above. Furthermore, a restaurant and drive-thru use are commonly found
in the General Commercial zone and are consistent with other uses found along
Imperial Highway.
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 renovations to the existing 10,473 square foot
building and development of a new restaurant building will serve as a significant
upgrade from the existing facilities on the site. In addition, the streetscape will be
enhanced as well as the transition from the street onto the site through the
proposed landscaping and upgraded infrastructure.
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
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Resolution No. 19-3092
Downey Planning Commission
view of the public streets. The site layout has two entries, one from Lakewood
Boulevard and the other from Imperial Highway. Parking is concentrated along
the northern portion of the property, while the drive-thru aisle abuts the east
property line. There is pedestrian access onto the site via a walkway along
Imperial Highway. A queuing study was completed and determined a queue of
seventeen (17) vehicles is required; the proposed drive-thru holds seventeen
(17) 9' x 20' cars at one time. Although it is not anticipated, a condition has been
included to require the queue be contained on-site and also allow for appropriate
ingress/egress onto the site. The proposed landscaping surrounding the
property is intended to heavily compliment the aesthetics of the site. The
landscaping and wall located at the rear property lines will act as a sound barrier
for the residents to the south of the site.
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 proposed project reflects true contemporary style
architecture and keeps with the low scale of residential developments to the
south of this site. It is staff's opinion that the proposed architectural style is
neither dissimilar nor monotonous from other buildings in the area and this
project will upgrade the overall appearance of the site and, in turn, improve the
community appearance. Specific to this intersection, two of the other three
corners have been recently developed, or approved for new development. This
proposed development will be keeping with the quality of design, but will not
mimic those improvements.
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 it will be 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 architecture for future
developments within 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 4960 discusses the installation of anti -graffiti materials and the
appropriate allotted time limit for the removal of graffiti.
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. In
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Resolution No. 19-3092
Downey Planning Commission
addition, the project's objective to revitalize the site helps achieve various long
term goals. Specifically, the following policies are promoted by the Site Plan
Review, Conditional Use Permit, Variance, and Tentative Parcel Map:
Policy 8.1.1 — Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site,
and is compatible with surrounding properties although it will be 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.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
The site has remained relatively the same since 1970 (with the exception of
multiple minor interior tenant improvements), and is surrounded by older
developed commercial properties. The quality of design, site layout, and
landscaping not only upgrade the subject property but the surrounding area as
well.
Program 1. 1.4 — Provide an appropriate amount of land use for people to acquire
goods and services.
The CUP promotes the above policy by introducing a new component that aims
to complement the restaurant that it will serve. This will not only continue to
provide, but will also expand, the type and amount of goods and services
available to the nearby community and general public.
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. The
proposed use (drive-thru and outdoor dining) is intended to complement the
proposed fast-food restaurant. The use is also common within commercial areas
and occasionally found in close proximity to residential areas. Staff views the use
as a common practice among fast-food chains and typically found within major
commercial corridors. Adverse impacts are not anticipated as a result of approval
specifically because the amount of building square footage, number of uses, and
close proximity to neighboring properties is reduced with the new proposed
development. In addition, the proposed conditions of approval are intended to
mitigate any potential impacts.
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 site is approximately 1.58 acres, and the proposed buildings will
occupy a total of 14,437 square feet, resulting in a floor -area ratio of .2. The
drive-thru exceeds the required development standards for drive-thru businesses
(per D.M.C. Section 9406) and is found to be satisfactory per the analysis
contained in the queuing study for this application. In addition, the proposed
improvement does not create alterations that would restrict future permitted uses
from occupying the site or an existing use located within the nearby area from
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Resolution No. 19-3092
Downey Planning Commission
altering their operations. 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. Imperial Highway and Lakewood Boulevard
are Arterial streets which are designed to accommodate the type of traffic that
will be generated by this application request. The two separate driveways allow
different opportunities for ingress and egress from the site, and distribution of
traffic in multiple directions. 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 Variance, the Planning Commission further finds, determines
and declares that:
A. Exceptional or extraordinary conditions or circumstances exist which are peculiar
to the land, structure, or building involved and which are not generally applicable
to other lands, structures, or buildings in the same vicinity and zone. This
variance only applies to the required parking and all other characteristics comply
with the Downey Municipal Code. In terms of physical layout, the property has
been limited from meeting all applicable development standards due to the
continuous requirement for land dedications by the City to improve the public
right-of-way surrounding the property. This application again makes the property
subject to an additional 15 foot dedication along the entire length of Imperial
Highway. Although land dedications are commonly requested and necessary for
the appropriate improvement of the Public right-of-way, this property has
experienced dedication requirements not typically required of others along
Imperial Highway. This is due to the irregular shape of the lot along Imperial
Highway; the property protrudes out towards the street more so than any other
property on that corridor. These circumstances have created an undue burden
upon the property owner and overly restrict the property owner from improving
the property as other properties are able to do in the same zone.
B. The literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article commonly enjoyed by other
properties in the same vicinity and zone in which the property is located. The
striping and layout for all required 82 parking spaces cannot take place on the
subject property because doing so would conflict with other required standards in
the Downey Municipal Code. Other requirements that must be incorporated as
part of the development and conflict with the placement of additional parking
include appropriate fire lane widths, parking stall dimensions, site and parking lot
landscaping, and parking setbacks. These standards are currently not present on
the site. Additional conflict is created due to the continuous reduction in lot size
over the years due to land dedications required by the City. The burden created
upon this property is not one present upon other commercial properties within the
city. This is because the property has a history of land dedications dating back to
1964. More dedications have been required of this specific property due to its
irregular shape along its northern property line. Therefore, given that the situation
is specific to this lot it can be determined that the provisions of this article would
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Resolution No. 19-3092
Downey Planning Commission
deprive the property owner from enjoying their property as others in the same
zone or vicinity.
C. The exceptional or extraordinary conditions or circumstances do not result from
the actions of the applicant. Justification for the request includes the continuous
reduction in lot size as a result of multiple land dedications dating back to 1964.
These actions predate current development standards, as well as the current
property owners. Changes to the lot size will be made once again due to the
requirement of a 15 foot dedication along the entire length of Imperial Highway
as part of this application. Land dedications are required by the City for
necessary public improvements; they are not initiated by property owners. The
reduction of the property's lot size is a result of circumstances that were out of
the property owner's control.
D. Granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or building in the
same vicinity and zone in which the property is located. The applicant's request
for a reduced parking requirement is supported by the unique history and
resulting configuration of the site and would be an option for other properties with
identical circumstances.
The variance for a deviation from Code Section 9712 would not create a privilege
for the property, but rather enable the property owner's ability to operate uses
(Restaurant and Retail) that are by right on other similarly zoned properties. The
property owner has encountered multiple land dedication requirements that has
resulted in a unique circumstance on the lot which does not allow the same
opportunity for improvement available to surrounding properties.
E. The granting of such variance will be in harmony and not adversely affect the
General Plan of the City. 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 Site Plan Review, Conditional Use Permit, Variance, and
Tentative Parcel Map:
Policy 8. 1.1 — Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site,
and is compatible with surrounding properties although it will be newer than most
developments within its proximity. The redevelopment of this site has the
potential of serving as an example of higher quality architecture for future
developments within the city.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
The site has remained relatively the same since 1970 (with the exception of
multiple minor interior tenant improvements), and is surrounded by older
developed commercial properties. The quality of design, site layout, and
landscaping not only upgrade the subject property but the surrounding area as
well.
PLN -18-00172 — 8818 Imperial HWY
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Resolution No. 19-3092
Downey Planning Commission
Program 1. 1.4 — Provide an appropriate amount of land use for people to acquire
goods and services.
The CUP promotes the above policy by introducing a new component that aims
to complement the restaurant that it will serve. This will not only continue to
provide, but will also expand, the type and amount of goods and services
available to the nearby community and general public.
F. The reasons set forth in the application justify the granting of the variance and
the variance is the minimum variance that will make possible the reasonable use
of the land, building, or structure. The reasons specified in the application do
justify the granting of a variance. The main reason is that the property has been
continuously minimized due to City requirements of multiple land dedications,
which created an exceptional circumstance not experienced by most properties.
SECTION 6. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Tentative Parcel Map, the Planning Commission further finds,
determines and declares that:
A. The proposed map is consistent with applicable general and specific plans. The
map most closely helps promote Policy 8.2.2 relating to the improvement of
existing properties. Although the City's General Plan does not address
subdivisions directly, subdivisions proposed for commercial properties are rarely
processed without an improved benefit to the site and streetscape.
Policy 8.2.2 — Promote the upgrading of properties.
The above policy is applicable to and promoted by the proposed map because
the project involves the redevelopment of a site that has not experienced
significant upgrades since 1970. These upgrades include, but are not limited to,
site layout, landscaping, circulation, parking, and fagade improvements.
B. The design or improvements of the proposed subdivision is consistent with
applicable general and specific plans. 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 Site Plan Review, Conditional Use Permit, Variance, and
Tentative Parcel Map:
Policy 8.1.1 — Promote architectural design of the highest quality_
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site,
and is compatible with surrounding properties although it will be newer than most
developments within its proximity. The redevelopment of this site has the
potential of serving as an example of higher quality architecture for future
developments within the city.
PLN -18-00172 — 8818 Imperial HWY
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Resolution No. 19-3092
Downey Planning Commission
Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
The site has remained relatively the same since 1970 with the exception of
multiple minor interior tenant improvements, and is surrounded by older
developed commercial properties. The quality of design, site layout, and
landscaping not only upgrade the subject property but the surrounding area as
well.
Program 1.1.4 — Provide an appropriate amount of land use for people to acquire
goods and services.
The CUP promotes the above policy by introducing a new component that aims
to complement the restaurant that it will serve. This will not only continue to
provide, but will also expand, the type and amount of goods and services
available to the nearby community and general public.
C. The site is physically suitable for the type of development. The site holds
appropriate infrastructure, utilities, and vehicular and pedestrian access. It is also
well under the maximum allowed building envelope. In addition, the project is
found to be in compliance with relevant development standards or is allowed to
take place through the Conditions of Approval for this application. These
standards include, but are not limited to, setbacks, height, landscaping, and open
space. These characteristics will remain unchanged from the approvals related to
the layout of the site.
D. The site is physically suitable for the proposed density of development. The
subject property is approximately a combined 1.58 acres, and is allowed a floor -
area ratio of 1.4 (or 96,344 square feet). The proposed development is only
14,473 square feet. The proposed development is also allowed a maximum
height of 45 feet and three stories; the proposed height is one story at a
maximum of 23 feet. Furthermore, existing roadways and infrastructure
adequately serve the lot.
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 project site is in an urban setting surrounded by urban
uses. There are also no known wildlife habitats within the City. In addition, the
subject property is an already developed lot with three separate commercial
buildings. Therefore, the proposed map and development will not cause or
contribute to impacts not already existing on the site or in the general area. In
addition, environmental impacts related to noise, traffic, light, and aesthetics have
been have been identified as negligible and compliant with categorical exemptions
from the California Environmental Quality Act.
F. The design of the subdivision or type of improvements is not likely to cause
serious public health problems. The design of the project has been carefully laid
out to avoid conditions that could result in serious public health problems.
Pedestrian circulation on to the site is separated from vehicle traffic approaching the
site with the use of walkways that connect all entrances to the public right-of-way. It
is staff's opinion that this site layout works best to facilitate vehicle movement while
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Resolution No. 19-3092
Downey Planning Commission
maximizing pedestrian safety. Accordingly, staff believes that the functional aspects
of the site development from the view of the public street have been properly
considered in the request.
G. 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
with the proposed subdivision. The review of the Tentative Parcel Map and title
report reflect no such easements within the subject property. Overhead utility lines
are present along the rear property line, but will not be modified or altered as a
result of this application.
SECTION 7. Based upon the findings set forth in Sections 1 through 6 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Site Plan
Review, Conditional Use Permit, Variance, and Tentative Tract Map (PLN -18-00172), 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 8. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of May 2019.
Steven Domingue , Chai man
City Planningomission
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 15th day of May,
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Duarte, Frometa, Spathopoulos and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Mary
City f
PLN -18-00172 — 8818 Imperial HWY
May 15, 2019 - Page 9
nagh, Secretary
Ing Commission
Resolution No. 19-3092
Downey Planning Commission
PLN -18-00172
(SITE PLAN REVIEW, CONDITIONAL USE PERMIT, VARIANCE
& TENTATIVE PARCEL MAP)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review, Conditional Use Permit, Variance and Tentative
Parcel Map No. 82450 (PLN -18-00172) allows for the construction of a one-story 4,000
square -foot drive-thru restaurant (with drive-thru and outdoor dining), the remodel of an
existing 10,473 square -foot commercial retail building, a parking reduction, and the
subdivision of 1.58 acres into two parcel located at 8818 Imperial Highway, Downey, CA
90242.
2) Tentative Parcel Map No. 82450 approves the subdivision of a 1.58 acre lot into two
separate parcels. "Parcel 1" is a 37,077 square -foot lot and "Parcel 2" is a 31,740
square -foot lot.
3) The Variance is approved to allow the site to operate with 58 parking spaces, rather than
the required 83 parking spaces. This approval also limits all other tenants (aside from
the new restaurant) to permitted uses with a parking ratio equal to or less than 1/250
square -feet of gross floor area.
4) This approval 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) Regardless of this approval, it is the responsibility of the applicant to ensure full
compliance with processes, procedures, and time limits within the Subdivision Map Act.
6) The site shall remain in substantial conformance with this request and the approved set
of plans.
7) 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.
8) 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.
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Resolution No. 19-3092
Downey Planning Commission
9) 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.
10) The applicant must 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.
11) The owner/applicant must record a reciprocal parking and access agreement on both
parcels. The City must be listed as a party to the agreement on a form acceptable by the
City Attorney and must be recorded by the applicant with the Los Angeles County
Registrar -Recorder Office upon both properties before building permits may be issued.
12) Tentative Parcel Map No. 82450 shall not become effective, and building permits will not
be issued, until the Downey City Council approves the Final Parcel Map, and said Map is
recorded with the Los Angeles County Recorder.
13) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any City Official for purposes
of verifying compliance with any of the Conditions of Approval of this application, as well
as with any Police Permit and approved Security Plan.
14) The approved architectural style shall be Contemporary, 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.
15) All finished materials must be to the satisfaction of the City Planner. Final approval of all
building materials (including but not limited to glass type, wall texture, metal canopies
and awnings, and brick veneer) must be granted by the City Planner prior to the
issuance of Building Permits. This application does not grant final approval of the
selected materials; final materials will be evaluated and reviewed through the Building
Permit process.
16) All landscaping must comply with the Downey Municipal Code, be composed of drought
tolerant plants, and requires final approval from the City Planner prior to the issuance of
Building Permits. This application does not grant final approval of the landscape design.
Final approvals will be granted through the Building Permit process.
17) A minimum five (5) foot wide landscape strip shall be provided and maintained along the
southern property line, which is abutting residential zoned properties. This landscape
area shall be maintained with trees or shrubs not less than six (6) feet in height at the
time of planting, and not less than fifteen (15) feet in height at maturity.
18) The permitted hours of operation of the restaurant and drive-thru are Monday — Saturday
6:00 a.m. to 11:00p.m.
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Resolution No. 19-3092
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19) The outdoor dining areas shall be limited to the location, dimensions, two (2) tables and
eight (8) chairs as noted in the approved set of plans.
20) All exterior lights on the property must be LED and must be directed, positioned, and/or
shielded such that they do not illuminate surrounding properties and the public right-of-
way.
21) For security purposes, lighting must 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.
22) All interior and exterior mechanical, plumbing, and unfinished electrical equipment and
materials (including but not limited to wiring and pipes) must be screened from the
public's view. All screening materials must be approved by the City Planner.
23) Any bollards on the site must be decorative in nature and shall be approved by the City
Planner.
24) Property line walls and trash enclosures must be decorative in nature. Prior to the
issuance of building permits, the applicant shall obtain approval from the City Planner for
the type of block and final design of the walls and enclosures.
25) All buildings and walls must 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.
26) Any graffiti applied to the site shall be removed within 48 hours.
27) The applicant must provide stamped color concrete or pavers across the driveways.
The stamped color concrete or pavers shall be as approved by the City Planner.
28) Roof -mounted equipment shall be screened at all times by a material to be approved by
the City Planner.
29) A stop sign must be installed at the end of the drive-thru lane.
30) All above grade back-flow preventers, and check valves shall be painted green and
screened from view from the public right-of-way.
31) The applicant must post signs in the parking areas to remind customers to be courteous
to the neighbors and keep noise to a minimum. The size, number, and wording of the
signs shall be approved by the City Planner prior to occupancy of the business.
32) Noise generated from the site, including the drive-thru speaker shall comply with
Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as
measured at the property line. Volume on speaker to be lowered between the hours of
6:00 a. m. to 8:00 a. m. and 9:00 p.m. to 11:00 p.m.
33) Deliveries made to all businesses on site shall occur between the hours of 7:00 a.m. and
9:00 P.M.
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Downey Planning Commission
34) Prior to the installation of any signs, the property owner must obtain approval of a
Planned Sign Program for the entire site.
35) The applicant must place delineating marks throughout the site and at both driveways to
distinguish ingress and egress onto the site.
36) The Applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the
approved set of building plans.
BUILDING
37) All construction must comply with the most recent adopted City and State building
codes:
a)
2019 California Building Code.
b)
2019 California Electrical Code.
C)
2019 California Mechanical Code.
d)
2019 California Plumbing Code.
e)
2019 California Fire Code.
f)
2019 California Green Code.
38) 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.
39) The Title Sheet of the plans shall include:
a) Occupancy Group.
b) Occupant Load.
C) Description of use.
d) Type of Construction.
e) Height of Building.
f) Floor area of building(s) and/or occupancy group(s).
40) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
41) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
42) 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.
43) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
44) 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
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Resolution No. 19-3092
Downey Planning Commission
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.
45) Construction hours 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 on the site outside of
these hours.
FIRE
46) The following comments pertain to a limited fire review of a design review plan submittal.
The comments contained herein shall not be construed as complete or encompassing all
fire -life safety code requirements set forth in local, State, and/or National local codes.
47) If required per Code, deferred automatic fire sprinkler plan submittal required for
Assembly Group A-2 occupancy (restaurant). Automatic fire sprinkler system design,
installation, and testing shall be per NFPA 13 [CFC § 903.2.1.2 #3; DMC 3318].
48) If required per Code, deferred fire alarm and detection system plan submittal required for
Assembly Group A-2 occupancy (restaurant). Automatic fire alarm and detection system
design, installation, and testing shall be per NFPA 72 [CFC § 907; DMC 3318].
49) For Assembly Group A-2 (restaurant), deferred plan submittal for commercial cooking
hood/exhaust automatic fire extinguishing system. Automatic fire extinguishing system
design, installation, and testing shall be per NFPA 96 and be UL 300 complainant [CFC
§ 904.2.2].
50) If applicable, establishment of hazardous materials business plan (HMBP) for 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)] .
51) Storage of commercial kitchen cooking oil shall adhere to current Fire Code
requirements [CFC § 610].
52) Provide key boxes (e.g. Knox Boxes) to both occupancies [CA Fire Code §506.1].
53) Approved fire access roads/lanes shall be provided [CA Fire Code §503.1.1].
54) Fire lane designation and stripping shall adhere to sign requirements set forth in Fire
Code and Downey Municipal Code [CA Fire Code D103.6; DMC 3327].
55) Fire access shall be provided for as required with unobstructed width of not less than 20
feet [CA Fire Code 503.2.1; D105.1; D105.2].
56) Premises (e.g. both buildings) shall be appropriately addressed. An approved address
identification shall be provided that is legible and placed in a position that is visible from
the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire
Code [CA Fire Code §505.1].
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Resolution No. 19-3092
Downey Planning Commission
57) A separate fire access plan detailing fire access, fire lane sizing, fire lane markings, etc.
shall be submitted to Downey Fire Prevention for review.
PUBLIC WORKS
58) All public utilities shall be installed underground.
59) 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).
60) 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.
61) 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.
62) If applicable, owner/applicant must submit public improvement plan(s) for review and
approval by Public Works Department.
63) All unused driveways shall be removed and constructed with full -height curb gutter, and
sidewalk to match existing improvements.
64) 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.
65) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection. USA markings
shall be installed using chalk -based paint only.
66) Applicant shall coordinate with the Metropolitan Transportation Authority (METRO)
regarding the relocation of transit bus stop(s) if deemed absolutely necessary upon city
approval in advance and subject to the approval of the Director of Public Works.
67) Coordinate with the City to relocate the transit bus stop(s) adjacent to the proposed
development if deemed absolutely necessary and subject to the approval of the Director
of Public Works.
68) Paint property address numbers (4" height) on the curb face in front of the proposed
development to the City's satisfaction.
69) Drive approaches shall match driveway width as specified in City standard drawing No.
21.
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Downey Planning Commission
70) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
71) Any acquired property in the form of easement, fee simple or irrevocable offer shall be in
form acceptable by the city engineer and the city attorney prior to its recordation.
72) In the event that spill over from the drive-thru does occur, all vehicle stacking must
remain on site. The use of signs, employee monitoring and safety cones shall be used to
ensure all drive-thru vehicles remain on site. The spill over vehicles must stack toward
the drive aisles parallel to Imperial Highway. Queuing of vehicles within the public right-
of-way is strictly prohibited.
73) The owner/applicant shall furnish and install separate water service lines, meters, and
boxes for each tenant space. Connect new separate water service line to existing 6 -inch
main located on Lakewood Blvd.
74) 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 6 -inch main or 12 -inch located on Lakewood Blvd. and shall be dedicated for fire
service only.
75) The owner/applicant shall furnish and install domestic and 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.
76) 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.
77) Existing potable and fire water service lines and associated appurtenances must be
removed and abandoned from existing water main.
78) The owner/applicant shall use recycled water for all landscape irrigation and other non -
potable water needs as approved by State and LA County Department of Public Health
and City of Downey.
79) The owner/applicant shall furnish and install new recycled water service line(s), meter(s),
and box(es) for landscape irrigation purposes. Connect new separate recycled water
service lines to existing12-inch recycled water main located on Lakewood Blvd.
80) Owner or tenant must establish accounts with the City Cashier prior to the City activating
and the tenant using any fire, potable, or recycled water service and meter.
81) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of the following:
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Resolution No. 19-3092
Downey Planning Commission
a) Potable Water Improvement Plans (all City -owned potable water and fire service
lateral improvements).
b) Recycled Water Main Improvement Plans.
Final City approved potable water and recycled 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, recycled water main
improvement plans shall be submitted to, and plan approval letter obtained from, the
State Water Resources Control Board — Division of Drinking Water.
Improvement plans for either potable or recycled water main improvements shall be both
plan and profile.
82) Upon completion of water improvements, owner/applicant shall submit red -lined
construction plans to City noting all changes to the plan and profile of all water
improvements installed. Such changes shall be incorporated into a final record drawing
mylar which shall be signed and stamped by the original engineer and/or architect of
record and submitted to the City along with digital files (AutoCAD — latest edition).
83) The owner/applicant shall furnish and install a sewer lateral (to the front property line) for
each lot in the subdivision and abandon any existing unused/damaged 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.
84) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit.
85) The owner/applicant shall consult the Department of Public Works to determine the
sewer location and design requirements.
86) The owner/applicant shall conduct a sewer capacity study.
87) Submit an engineered grading plan and/or hydraulic calculations and site drainage plan
for the site (prepared and sealed by a registered civil engineer in the State of California)
accompanied by a soil and geology report for approval by the Engineering Division and
Building and Safety Division. Lot(s) shall not have less than one (1%) percent gradient
on any asphalt or non -paved surface, or less than one quarter (1/4%) percent gradient
on any concrete surface. Provide the following information on plans: topographic site
information, including all building pad and other elevations, dimensions/location of
existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway
and driveway widths, catch basins, pedestrian ramps); the width and location of all
existing and proposed easements, the dimensions and location of proposed dedications;
(for alley dedications, show elevations of the four corners of the dedication and
centerline of alley, existing and proposed underground utility connections); the location,
depth and dimensions of potable water, reclaimed water and sanitary sewer lines;
chemical and hazardous material storage, if any, including containment provisions; and
the type of existing use, including the gross square footage of the building and its
disposition; construction details of drainage devices and details of Low Impact
Development (LID) plan.
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Downey Planning Commission
88) Include any other applicable site-specific conditions.
89) 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).
90) The owner/applicant shall secure a WDID number along with his SWPPP.
91) 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.
92) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the U.S. Environmental Protection Agency (EPA).
93) The owner/applicant shall deploy Best Management Practices during and after
construction.
94) The owner/applicant shall dedicate 15 feet (') for right-of-way purposes along Imperial
Hwy to the standards of the City Engineering Division.
95) Grant a 35 -foot property line radius road deed dedication at the corner of Imperial Hwy
and Lakewood BI.
96) 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
97) 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.
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Resolution No. 19-3092
Downey Planning Commission
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
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.
98) 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.
99) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
100) 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.
101) 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.
102) 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.
103) The owner/applicant shall submit a mylar copy of the final as -built public improvement
plan(s), 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]
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