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HomeMy WebLinkAbout3. PLN-18-00191 13034 DowneySTAFF REPORT PLANNING DIVISION DATE: JUNE 19, 2019 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER SUBJECT: PLN-18-00191 (SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND ZONE CHANGE) – A REQUEST TO CONTRUCT A 2,800 SQUARE FOOT CONVENIENCE STORE, ALLOW THE OFF-SALE OF BEER AND WINE (TYPE 20 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE) AND TO CHANGE THE ZONING FROM P-B (PARKING BUFFER) AND C-2 (GENERAL COMMERCIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL) LOCATION: 13034 DOWNEY AVENUE ZONING: C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER) REPORT SUMMARY This is a request to approve a Site Plan Review application to demolish an existing building associated with a vehicle sales business and construct a new 2,800 square-foot, 18’ 8” high convenience store. The request includes a Conditional Use Permit application to allow the new convenience store to operate with an ABC Type 20 (Off-Sale Beer & Wine) license. The application also includes a change of zone of the north 32 feet of the property from P-B (Parking Buffer) to C-1 (Neighborhood Commercial) and the remaining 108 feet of the property from C-2 (General Commercial) to C-1 (Neighborhood Commercial). Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolutions: 1.A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT, (PLN-18-00191), A REQUEST TO CONTRUCT A 2,800 SQUARE FOOT CONVENIENCE STORE AND ALLOW THE OFF-SALE OF BEER AND WINE (TYPE 20 ALCOHOLIC BEVERAGE CONTROL (ABC) LINCENSE) ADDRESSED AS 13034 DOWNEY AVENUE 2.A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING MAP AMENDMENT (PLN-18-00191), THEREBY CHANGING THE PC AGENDA PAGE 1 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 2 ZONING DESIGNATION OF THE NORTH 32 FEET OF THE PROPERTY FROM P-B (PARKING BUFFER) TO C-1 (NEIGHBORHOOD COMMERCIAL) AND THE REMAINING 108 FEET OF THE PROPERTY FROM C-2 (GENERAL COMMERCIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL) ADDRESSED AS 13034 DOWNEY AVENUE BACKGROUND The site is currently developed with a used vehicle sales business consisting of a 1,400 square foot building which will be demolished to accommodate the proposed project. The site was developed with a service station which was converted in 2000 into a retail used car sales business. The site is a square shaped (approximately 140’ x 140’), 18,879 square foot corner parcel (northeast corner of Downey Avenue and Gardendale Street). The lot has one driveway off Downey Avenue and one driveway off Gardendale Street. The northern 23 feet of the lot is zoned P-B (Parking Buffer) which is a discontinued zoning designation that is no longer listed as a zoning district in the City’s Zoning Code. A comprehensive update of the zoning code in 2008 eliminated the P-B zone. The remaining 108 feet of the property is zoned C-2 (General Commercial). The zone change action would amend the zoning map to make it consistent with the Zoning Code and the General Plan which designates the property as Neighborhood Commercial. The corresponding zoning for the Neighborhood Commercial designation is C-1 (Neighborhood Commercial). Since the P-B portion cannot be changed to C-2, as it would be inconsistent with the General Plan and as duel zoning on a property is not preferred, the appropriate action is to change the existing C-2 designation to C-1. The entire property 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 P-B (Parking Buffer) Apartments South City of Paramount C-M (Commercial Manufacturing) Retail Center East Medium Density Residential C-2 Apartments West Low Medium Density Residential R-2 Single-family and duplexes On December 18, 2018 the applicant filed a request for a Site Plan Review and Conditional Use Permit. Staff modified the application to include the aforementioned zone change consideration from P-B to Commercial. Subsequently, the applicant was issued two separate incomplete letters, on January 17, 2019 (in response to the initial submittal) and on March 25, 2019 (in response to the second submittal). After submitting all required documents the application was deemed complete on May 24, 2019. On June 6, 2019, 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. PC AGENDA PAGE 2 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 3 Existing West Elevation – Downey Avenue Existing South Side Elevation – Gardendale Street DISCUSSION SITE PLAN REVIEW (SPR) The purpose of Site Plan Review (Section 9820 of the Zoning Code) is to verify a project’s compliance with the Zoning Code’s development, design and use standards. In accordance with Section 9820.08 of the Zoning Code, the Planning Commission must make the six findings before approving a Site Plan Review application. The Commission must deny the application if it cannot make one or more of the findings. Site Layout The project involves the demolition of the existing building and removal of the current use to accommodate a new 2,800 square foot, 18’ 8” high building for a 7-Elevan convenience market with associated parking and landscaping as shown below on the next page. PC AGENDA PAGE 3 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 4 The site will be accessible via existing driveways, one on Downey Avenue and the other on Gardendale Street. The building will be located towards the northeast corner of the lot and the required parking spaces will be located along the west and south elevations as shown above. The store front will be facing Downey Avenue. Landscaping and Lighting Landscaping, including 21 trees, will be provided along the north and east property lines and along the street frontages except for the driveways. Landscape islands are provided in the parking area and adjacent to the trash enclosure. The building will have 10 light fixtures and the lot will have four pole mounted lights one near each driveway and a double mounted light pole near the southwest corner of the lot. The light fixtures adjacent to the property lines contain back side shields. To ensure complete conformance with the Code’s provisions for shielding, a condition of approval requires that all lighting be designed to eliminate spillover to the street and adjoining properties, and to ensure lighting is shielded as not to direct light on any street or abutting property. Architecture The proposed building will have a modern architecture with flat roof and metal canopy. The building will include a two-tone stucco finish. The base colors of the building include: Sherwin Williams African Gray and Lazy Gray. The building will also incorporate large store front windows and vertical wood-alternate siding (Fiberon – Warm Siena) at the corners. PC AGENDA PAGE 4 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 5 Downey Avenue Elevation Gardendale Street Elevation The existing masonry block walls are proposed to be painted to match the colors of the building (see Attached Plans). Development Standards The development standards (based on the C-1 zone) are as follows: Standard Zoning Code Standards Proposed Notes Floor Area Ratio 0.25 max 0.15 Lot Coverage 50% max 15% Building Height 20 ft. / 1 story max 18 ft. 8 inches Parking 12 12 (Includes one ADA accessible space) Setbacks: Front (Downey Ave) Rear (abutting a nonresidential zone) Side (interior, abutting a nonresidential zone) Street Side (Gardendale St (Major St)) 20 ft. min 15 ft. min 5 ft. min 20 ft. min 69 ft. 15 ft. 5 ft. 72 ft. PC AGENDA PAGE 5 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 6 Standard Zoning Code Standards Proposed Notes Minimum Required Landscaping for Parking Area Minimum Required Landscaping for the lot 375 sq. ft. (5% of parking area (7,514 sq. ft.)) 1,888 sq. ft. (10% of the site) 533 sq. ft. (7.1% of parking area) 6,194 sq. ft. (33% of the site) Landscaping One tree for every five parking spaces One tree for every 20 linear feet of street frontage Percentage of trees based on size 3 trees 14 trees 48 inch box (2) 36 inch box (2) 24 inch box (3) 15 gallons (11) 3 trees 18 trees 2 trees 4 trees 15 trees Various shrubs CONDITIONAL USE PERMIT The project requires a Conditional Use Permit because the applicant requests to conduct off sale of beer and wine from the proposed convenience market. The applicant will be applying for a Type 20 (Off Sale Beer & Wine, Packaged Store) license from the California Department of Alcoholic Beverage Control (ABC). According to Section 9314 of the Zoning Code, off-sale alcohol establishments are only permitted if the Planning Commission grants a Conditional Use Permit. The purpose of a Conditional Use Permit is to review the location, site development and/or conduct of the uses that generally have unique and distinct impact on the area in which they are located or are capable of creating special problems for adjacent properties unless given special review and special conditions. Conditional Use Permits maybe granted at the discretion of the Planning Commission only if the Commission can make the required four findings listed in Section 9824.6 of the Zoning Code. The findings are discussed later in this report. It is typical for convenience stores, such as the proposed 7-Eleven, to conduct the sale of beer and wine. The beer and wine sales will be consistent with State law and will take place between 6:00 am to 2:00 am daily. The convenience store will operate 24 hours a day, seven days a week. ZONE CHANGE On October 14, 2008, the City Council adopted Ordinance No. 08-1236, a comprehensive update to the Zoning Ordinance. This update included the elimination of the P-B (Parking Buffer Zone) which was originally created to require separation between commercial/manufacturing uses and residential uses. The zone was eliminated because the goals of providing separation between commercial/manufacturing uses and residential uses were accomplished with setbacks and variable height requirements. Although the zoning category and its related standards were eliminated from the code, the zoning map still contains the P-B zones. The change of zone from P-B to C-1 will be consistent with the 2008 Zoning Code update as it will eliminate the discontinued zone from the subject property. And as stated earlier, the recommendation is to change the zone to C-1 instead of C-2, because changing it to C-2 would be inconsistent with the Neighborhood Commercial designation of the site in the General Plan. To avoid two zoning PC AGENDA PAGE 6 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 7 designations on a property (C-1 for the P-B portion of the lot and the existing C-2 zoning), the zone change will also involve changing the existing C-2 portion of the site to C-1. This will result in a single zoning designation of C-1 for the entire lot. DEVELOPMENT REVIEW COMMITTEE On January 10, 2019, the Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building matters. No department expressed major concerns or opposition over the project, and issued standard conditions, however, the Police Department subsequently added conditions of approval. Recommended conditions of approval have been included in the attached resolution reflecting standard conditions of approval. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Site Plan Review, Conditional Use Permit, and Zone Change 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 CEQA Guideline Section No. 15303 (Class 3 – New Construction or Conversion of Small Structures). Class 3 exempts new construction up to 10,000 square feet in floor area. The proposed structure is 2,800 square feet in floor area. 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. The site plan 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 eliminating the older auto repair building which has been used as a sales office, but will also enhance the lot by adding additional landscaping beyond the minimum required by code. PC AGENDA PAGE 7 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 8 Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since it was developed in the 1960s except for the fuel pumps which were eliminated approximately 20 years ago. The new development will provide quality of design, site layout, and landscaping which will not only enhance the site 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 proposed development is in accordance with the purposes and objectives of this article. The site will be zoned C-1 (Neighborhood Commercial) and the purpose of this 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 development is in conformance with the objectives stated above. This is achieved because the 2,800 square foot market is primarily intended to serve the immediate neighborhood providing 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 site plan and design features of the project will integrate harmoniously with this area by providing aesthetically pleasing architecture and landscaping. The redevelopment of the site serves as a significant upgrade from the existing facilities on the site. In addition, the streetscape is enhanced by adding landscaping along the two street side property lines. 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. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The existing building will be replaced with a modern building with 12 parking spaces, code compliant driveway widths, and improved site ingress and egress. In addition, visual effects of the development from the view of the public street are enhanced due to the new building and significant increase in additional landscaping. PC AGENDA PAGE 8 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 9 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 replacing a dull building with a modern new building and increased landscaping. The proposed building includes a contemporary architectural design, with a combination of architectural elements, such as two-toned colored stucco, glazing and composite materials to emulate wood siding. 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. 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 to the greatest extent 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. The requested conditional use permit to allow the off-site sale of beer and wine (Type 20 ABC license), will not adversely affect the purpose and intent of the Downey Municipal Code or General Plan. The subject property’s zoning is to change to 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. PC AGENDA PAGE 9 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 10 The requested conditional use permit will allow the operation of a convenience store with a Type 20 (Off-Sale, Beer and Wine, Package Store) license, and will provide the surrounding neighborhood with limited shopping needs on a 24-hour basis except that the sale of beer and wine will comply with state law which prohibits sales between 2:00 am and 6:00am. 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. The requested use will not adversely affect the adjoining land uses and the growth and development of the area because the site was previously developed as a service station with auto repair activities and over the past 20 years as a used car sales operation. The site has been used for commercial activities and the proposed use will continue to be used for commercial activities. The use that requires a conditional use permit is the sale of beer and wine. The sale of beer and wine will not generate increased activity on the site which could result in adverse impacts to adjoining land uses. The sale of beer and wine at a convenience store is incidental to the sale of other goods in the convenience store including prepackaged food and sundries. Such uses are common within commercial areas and occasionally found in close proximity to residential areas. 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 use under consideration for the conditional use permit is the sale of beer and wine and not the convenience market. The convenience market, without the sale of beer and wine, is permitted by right. The sale of beer and wine can be accommodated in the proposed 2,800 square foot convenience store as it will occupy approximately five percent of the store’s 2,800 square foot floor area. The shape and size of the lot can accommodate the entire 2,800 square foot store while complying with all setback and parking requirements and exceeding the landscaping requirements. 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 the off-sale of beer and wine, which will occupy approximately five percent of the floor area of the proposed convenience market, is not anticipated to generate significant traffic impacts. All parking needs (12 required, 12 provided) will be provided on site. The existing streets are designed to accommodate the traffic expected to be generated by the sale of beer and wine. According to the Trip Generation Manual of the Institute of Transportation Engineers, a 2,800 square foot convenience market could generate 2,066 daily trips. However, only a fraction of those trips could be attributed to the availability of beer and wine. Furthermore, 50 to 60 percent (if not more) of the anticipated trips would come from pass-by drivers who already drive on Downey Avenue and Gardendale Street. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. PC AGENDA PAGE 10 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 11 The following five (5) findings must be adopted prior to recommending to the City Council approval of a Zone Change per Section 9830.06 of the Zoning Code. The findings are as follows: A. That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare. The City Council adopted a comprehensive update to the Zoning Ordinance which eliminated the P-B (Parking Buffer) zoning category. The change of zone from P-B and C-2 (General Commercial) to C-1 (Neighborhood Commercial) will make the zoning of the site not only consistent with the current Zoning Code but also with the General Plan as the General Plan Land Use designation of the site is Neighborhood Commercial. Eliminating the current zoning inconsistency is desirable and in harmony with the objectives of the General Plan and the Zoning Code. B. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning form P-B (Parking Buffer) and C-2 (General Commercial) to C-1 (Neighborhood Commercial) will first of all bring the entire property into consistency with the existing Zoning Code and the General Plan because the current Zoning Code no longer contains the P-B zoning district and because the existing C-2 (General Commercial) zoning is not consistent with the General Plan. By bringing the zoning into consistency with the Code and the General Plan, the proposed and any future uses would be compatible and complementary to existing conditions and adjoining property in the surrounding area. The surrounding area on the City of Downey side of the site is primarily residential and the C-1 (Neighborhood Commercial) zone is intended to provide limited neighborhood shopping areas specifically adjacent to or surrounded by residential neighborhoods. C. That the site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with. The 18,879 square foot site (after dedication) is substantially greater than the minimum required lot size of 6,000 square feet. The minimum lot size is established in part to ensure lots meet a minimum size in order ensure developments can comply with required standards. The proposed development will comply with all development standards. D. That the site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The zone change does not alter the existing site which will continue to properly relate to the streets and highways designed and fully improved to carry the type and quantity of traffic expected to be generated. The existing streets are designed to accommodate the traffic expected to be generated by the sale of beer and wine. According to the Trip PC AGENDA PAGE 11 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 12 Generation Manual of the Institute of Transportation Engineers, a 2,800 square foot convenience market could generate 2,066 daily trips. However, only a fraction of those trips could be attributed to the availability of beer and wine. Furthermore, 50 to 60 percent (if not more) of the anticipated trips would come from pass-by drivers who already drive on Downey Avenue and Gardendale Street. The site has and continues to be served by existing utilities and the proposed use will continue to be served by the existing utilities. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The zone change will eliminate the current inconstancy between zoning and the General Plan and will bring the zoning of the property into conformance with the General Plan designation of Neighborhood Commercial. 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 Zone Change (PLN-18-00191) 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 and Conditional Use Permit and recommending that the Planning Commission recommend approval to the City Council of the Zone Change (PLN-18-00191). EXHIBITS A. Maps B. Draft Zone Change Resolution C. Draft Site Plan Review and Conditional Use Permit Resolution D. Project Plans PC AGENDA PAGE 12 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 13 Location Aerial Photograph Subject Site PC AGENDA PAGE 13 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 14 Existing Zoning Proposed Zoning Subject Site PC AGENDA PAGE 14 SPR, CUP, & ZMA - PLN-18-00191 June 19, 2019 - Page 15 General Plan PC AGENDA PAGE 15 RESOLUTION NO. 19-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE (PLN-18- 00191), THEREBY REZONING PROPERTY LOCATED AT 13034 DOWNEY AVENUE FROM P-B (PARKING BUFFER) AND C-2 (GENERAL COMMERCIAL) TO C-1 (NEIGHBORHOOD 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 December 18, 2018, the applicant filed a request for Site Plan Review, Conditional Use Permit, and a Zone Change (PLN-18-00191) to demolish an existing building associated with a vehicle sales business and construct a new 2,800 square-foot, 18’ 8” high convenience store and operate with an ABC Type 20 (Off-Sale Beer & Wine) license and a change of zone from P-B (Parking Buffer) to C-2 (General Commercial); and, B. On January 17, 2019, the applicant was issued a letter deeming the application incomplete. On March 24, 2019 the applicant submitted the final information needed to complete the application accordingly and the zone change application was modified to request a change of zone from P-B (Parking Buffer) and C-2 (General Commercial) to C- 1 (Neighborhood Commercial). On May 24, 2019, the application was deemed complete; and, C. On June 6, 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, D. The Planning Commission held a duly noticed public hearing on June 19, 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 15303 (Class 3 – New Construction or Conversion of Small Structures). Class 3 exempts new construction up to 10,000 square feet in floor area. The proposed structure measures 2,800 square feet in floor area. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Zone Change, the Planning Commission further finds, determines and declares that: A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare. The City Council adopted a comprehensive update to the Zoning Ordinance which eliminated the P-B (Parking Buffer) zoning category. The change of zone from P-B and C-2 (General Commercial) to C-1 (Neighborhood PC AGENDA PAGE 16 Resolution No. ___________ Downey Planning Commission 13034 Downey Ave – PLN-18-00191 June 19, 2019 - Page 2 Commercial) will make the zoning of the site not only consistent with the current Zoning Code but also with the General Plan as the General Plan Land Use designation of the site is Neighborhood Commercial. Eliminating the current zoning inconsistency is desirable and in harmony with the objectives of the General Plan and the Zoning Code. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning form P-B (Parking Buffer) and C-2 (General Commercial) to C-1 (Neighborhood Commercial) will bring the entire property into consistency with the existing Zoning Code and the General Plan because the current Zoning Code no longer contains the P-B zoning district and because the existing C-2 (General Commercial) zoning is not consistent with the General Plan. By bringing the zoning into consistency with the Code and the General Plan, the proposed and any future uses would be compatible and complementary to existing conditions and adjoining property in the surrounding area. The surrounding area on the City of Downey side of the site is primarily residential and the C-1 (Neighborhood Commercial) zone is intended to provide limited neighborhood shopping areas specifically adjacent to or surrounded by residential neighborhoods. C. The site is adequate in size to accommodate the uses permitted in the zone requested and comply with all applicable property development standards. The 18,879 square foot site (after dedication) is substantially greater than the minimum required lot size of 6,000 square feet. The minimum lot size is established in part to ensure lots meet a minimum size in order ensure developments can comply with required standards. The proposed development will comply with all development standards. D. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The zone change does not alter the existing site which will continue to properly relate to the streets and highways designed and fully improved to carry the type and quantity of traffic expected to be generated. The existing streets are designed to accommodate the traffic expected to be generated by the sale of beer and wine. According to the Trip Generation Manual of the Institute of Transportation Engineers, a 2,800 square foot convenience market could generate 2,066 daily trips. However, only a fraction of those trips could be attributed to the availability of beer and wine. Furthermore, 50 to 60 percent (if not more) of the anticipated trips would come from pass-by drivers who already drive on Downey Avenue and Gardendale Street The site has and continues to be served by existing utilities and the proposed use will continue to be served by the existing utilities. E. The proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The zone change will eliminate the current inconstancy between zoning and the General Plan and will bring the zoning of the property into conformance with the General Plan designation of Neighborhood Commercial. PC AGENDA PAGE 17 Resolution No. ___________ Downey Planning Commission 13034 Downey Ave – PLN-18-00191 June 19, 2019 - Page 3 SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council approve a zone change (PLN-18-00191) and update the Comprehensive Zoning Map to rezone the subject property to C-1 (Neighborhood Commercial), as outlined in Exhibit A of this resolution. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of June, 2019. Steven Dominguez, 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 19th day of June, 2019, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC AGENDA PAGE 18 Resolution No. ___________ Downey Planning Commission 13034 Downey Ave – PLN-18-00191 June 19, 2019 - Page 4 EXHIBIT A Existing Zoning Proposed Zoning PC AGENDA PAGE 19 RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT, (PLN-18- 00191), A REQUEST TO CONTRUCT A 2,800 SQUARE FOOT CONVENIENCE STORE AND ALLOW THE OFF-SALE OF BEER AND WINE (TYPE 20 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE) ADDRESSED AS 13034 DOWNEY AVENUE 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 December 18, 2018, the applicant filed a request for Site Plan Review, Conditional Use Permit, and a Zone Change (PLN-18-00191) to demolish an existing building associated with a vehicle sales business and construct a new 2,800 square-foot convenience store and operate with an ABC Type 20 (Off-Sale Beer & Wine) license and a change of zone from P-B (Parking Buffer) to C-2 (General Commercial); and, B. On January 17, 2019, the applicant was issued a letter deeming the application incomplete. On March 24, 2019 the applicant submitted the final information needed to complete the application accordingly. On May 24, 2019, the application was deemed complete; and C. On June 6, 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 June 19, 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 15303 (Class 3 – New Construction or Conversion of Small Structures). Class 3 exempts new construction up to 10,000 square feet in floor area. The proposed structure measures 2,800 square feet in floor area. 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 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. PC AGENDA PAGE 20 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 2 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 eliminating the older auto repair building which has been used as a sales office, but will also enhance the lot by adding additional landscaping beyond the minimum required by code. Program 9.1.1.5 – Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since it was developed in the 1960s except for the fuel pumps which were eliminated approximately 20 years ago. The new development will provide quality of design, site layout, and landscaping which will not only enhance the site 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 site will be zoned C-1 (Neighborhood Commercial) and the purpose of this zone, as stated in the Downey Mun icipal 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 development is in conformance with the objectives stated above. This is achieved because the 2,800 square foot market is primarily intended to serve the immediate neighborhood providing 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 site plan and design features of the project will integrate harmoniously with this area by providing aesthetically pleasing architecture and landscaping. The redevelopment of the site serves as a significant upgrade from the existing facilities on the site. In addition, the streetscape is enhanced by adding landscaping along the two street side property lines. D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The existing building will be replaced with a modern building with 12 parking spaces, code compliant driveway widths, and improved site ingress and egress. In addition, visual effects of the development from the view of the public street are enhanced due to the new building and significant increase in additional PC AGENDA PAGE 21 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 3 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 replacing a dull building with modern new building and increased landscaping. The proposed building includes a contemporary architectural design, with a combination of architectural elements, such as two-toned colored stucco, glazing and composite materials to emulate wood siding. 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. 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 to the greatest extent 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 to allow the off-site sale of beer and wine (Type 20 ABC license), will not adversely affect the purpose and intent of the Downey Municipal Code or General Plan. The subject property’s zoning is to change to 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 operation of a convenience store with a Type 20 (Off-Sale, Beer and Wine, Package Store) license, and will provide the surrounding neighborhood with limited shopping needs on a 24-hour basis except the sale of beer and wine will follow state law which prohibits sales between PC AGENDA PAGE 22 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 4 2:00 am and 6:00am. B. The requested use will not adversely affect the adjoining land uses and the growth and development of the area because the site was previously developed as a service station with auto repair activities and over the past 20 years as a used car sales operation. The site has been used for commercial activities and the proposed use will continue to be used for commercial activities. The use that requires a conditional use permit is the sale of beer and wine. The sale of beer and wine will not generate increased activity on the site which could result in adverse impacts to adjoining land uses. The sale of beer and wine at a convenience store is incidental to the sale of other goods in the convenience store including prepackaged food and sundries. Such uses are common within commercial areas and occasionally found in close proximity to residential areas. 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 use under consideration for the conditional use permit is the sale of beer and wine and not the convenience market. The convenience market, without the sale of beer and wine, is permitted by right. The sale of beer and wine can be accommodated in the proposed 2,800 square foot convenience store as it will occupy approximately five percent of the store’s 2,800 square foot floor area. The shape and size of the lot can accommodate the entire 2,800 square foot store while complying with all setback and parking requirements and exceeding the landscaping requirements. 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 the off-sale of beer and wine, which will occupy approximately five percent of the floor area of the proposed convenience market, is not anticipated to generate significant traffic impacts. All parking needs (12 required, 12 provided) will be provided on site. The existing streets are designed to accommodate the traffic expected to be generated by the sale of beer and wine. According to the Trip Generation Manual of the Institute of Transportation Engineers, a 2,800 square foot convenience market could generate 2,066 daily trips. However, only a fraction of those trips could be attributed to the availability of beer and wine. Furthermore, 50 to 60 percent (if not more) of the anticipated trips would come from pass-by drivers who already drive on Downey Avenue and Gardendale Street. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves a Site Plan Review and Conditional Use Permit (PLN-18-00191), 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 23 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 5 SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of June 2019. Steven Dominguez, 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 19th day of June 2019, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC AGENDA PAGE 24 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 6 SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-18-00191) EXHIBIT A – CONDITIONS PLANNING 1. This approval of the Conditional Use Permit and Site Plan Review, allows for the operation of a 2,800 square foot, 18 foot and 8 inch high convenience store, and a Type 20 (Off-Sale, Beer and Wine, Package Store) license. 2. The applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey, no later than July 8, 2019. 3. The site shall remain in substantial conformance with this request and the approved set of plans. 4. Approval of the Site Plan Review and Conditional Use Permit (PLN-18-00191) 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. Approval of the Site Plan Review and Conditional Use Permit (PLN-18-00191) shall become null and void should the City Council deny the Zone Change request associated with PLN-18-0091. 6. 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. 7. 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. 8. 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. 9. The applicant/owner of the establishment shall comply with all state requirements. The PC AGENDA PAGE 25 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 7 applicant must obtain and maintain a valid Type 20 – Alcoholic Beverage License (ABC) for Off-Sale Beer and Wine. All conditions of the Type 20 – ABC license shall be maintained at all times and failure to do so will be grounds for revocation. 10. The permitted hours of operation of the convenience store are 24 hours a day, seven days a week. Sales of beer and wine shall be prohibited between the hours of 2:00 a.m. and 6:00 a.m. 11. The sale of beer and wine for on-site consumption is strictly prohibited. 12. The sale of liquor/spirits is strictly prohibited. 13. The convenience store shall comply with the following conditions: a) Wine shall not be sold in containers of less than 750 milliliters, with the exception of wine coolers sold in four-pack containers or more per sale; b) Malt beverages shall not be sold in less than six-pack containers per sale; c) Wine shall not be sold with an alcoholic content greater than 15 percent by volume; d) The sale of beer or malt beverages in quantities of quarts, 40 oz., or similar size containers shall be prohibited; e) Beer, malt beverages, or wine cooler products, regardless of container size, must be sold in manufacturer pre-packaged multi-unit quantities; f) The sale of single cigarettes is prohibited. 14. 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. 15. 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. 16. The subject property, and the surrounding public sidewalks, shall be maintained free of trash, litter, and debris at all times. 17. 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. All lighting shall be designed/shielded to eliminate spillover onto the street and adjoining properties. 18. 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. 19. Any graffiti applied to the site shall be removed within 48 hours. 20. 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 PC AGENDA PAGE 26 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 8 discretion, the City Planner may refer changes to the facades and/or colors to the Planning Commission for consideration. 21. All roof mounted equipment shall be screened from view as seen from adjoining properties and the public right-of-way 22. 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. 23. The Applicant shall incorporate a copy of this Exhibit A - Conditions of Approval, into the approved set of building plans. 24. All driveway approaches shall be improved with radius returns. 25. 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. 26. Bicycle racks shall be provided on-site. 27. Trucks making deliveries shall turn off all engines and not be allowed to idle on the site. a) Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.; 28. 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. 29. 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. 30. The final landscape plan shall provide a mixture of shrubs and plants of varying heights and dimensions to the satisfaction of the City Planner prior to the issuance of building permits. 31. The applicant shall submit a Sign Plan Application for all proposed signage. 32. 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. 33. All above grade back-flow preventers, check valves, shall be painted green and screened from view from the public right-of-way. 34. The above ground transformer shall be wrapped in a screen print to mimic landscape. PC AGENDA PAGE 27 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 9 35. Any bollards on the site shall be decorative in nature and shall be approved by the City Planner. 36. The development standards for the site shall be as follows: Standard Zoning Code Standards Proposed Notes Floor Area Ratio 0.25 max 0.15 Lot Coverage 50% max 15% Building Height 20 ft. / 1 story max 18 ft. 8 inches Setbacks: Front (Downey Ave) Rear (abutting a nonresidential zone) Side (interior, abutting a nonresidential zone) Street Side (Gardendale St (Major St)) 20 ft. min 15 ft. min 5 ft. min 20 ft. min 69 ft. 15 ft. 5 ft. 7 72 ft. (building) 68 ft. (awning) Landscaping One tree for every five parking spaces One tree for every 20 linear feet of street frontage Percentage of trees based on size 3 trees 14 trees 48 inch box (2) 36 inch box (2) 24 inch box (3) 15 gallons (11) 3 18 2 trees 4 trees 15 trees Various shrubs Parking 12 12 (Includes one ADA accessible space) Minimum Required Landscaping for Parking Area Minimum Required Landscaping for the lot 375 sq. ft. (5% of parking area (7,514 sq. ft.)) 1,888 sq. ft. (10% of the site) 533 sq. ft. (7.1% of parking area) 6,194 sq. ft. (33% of the site) BUILDING 37. 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. PC AGENDA PAGE 28 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 10 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. School Impact fees shall be paid prior to Building Department permit issuance. 41. Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 42. All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 43. 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. 44. A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions’ Code. 45. 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. 46. All projects including food service or Public pools and/or spas shall be checked and approved by the County Health Department as part of the Building Department plan review process. FIRE 47. Verify and submit information on Occupancy Use and Type (e.g. Mercantile Group M, Business Group B, etc.). 48. Install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1]. 49. 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]. PC AGENDA PAGE 29 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 11 50. Main door is permitted to be equipped with key-operated locking devices from egress side provided readily visible durable sign posted on egress side on door stating “THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED” [CA Fire Code §1010.1.9.3] 51. A Type I Hood shall be installed at or above all commercial cooking appliances that produce grease laden vapors – exceptions under Code apply for electric cooking appliances where an approved testing agency provides documentation that the appliance effluent contains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500 cfm in accordance with UL 710B [CFC § 609.2] 52. If applicable, a deferred plan submittal for commercial cooking hood/exhaust automatic fire extinguishing system shall be required. Automatic fire extinguishing system design, installation, and testing shall be per NFPA 96 and be UL 300 complainant [CFC § 904.2.2; §904.12; §609]. 53. If required per Code, deferred automatic fire sprinkler plan submittal shall be required for particular occupancy type and use. Automatic fire sprinkler system design, installation, and testing shall be per NFPA 13 [CFC § 903.2.1.2 #3; DMC 3318] 54. If required per Code, deferred automatic fire alarm and detection system plan submittal shall be required for particular occupancy type and use. Automatic fire alarm and detection system design, installation, and testing shall be per NFPA 72 [CFC § 907; DMC 3318] 55. 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)] 56. Provide a visible hazard identification signs as specified in NFPA 704 for the specific material (e.g. Refrigerated Carbon dioxide). NFPA 704 placard shall be installed at entrance and locations as designated by the fire code official [CFC § 5003.5] 57. Refrigerated liquid Carbon dioxide tank, if quantity of gas at NTP exceeds 6000 cubic feet, shall be installed under a separate permit [CFC § 105.6.9]. 58. Refrigerated liquid Carbon dioxide tank shall be properly installed as to be protected from physical damage, with ventilation to meet requirements of CA Mechanical Code, and have an approved emergency alarm system for continuous gas detection and alarm to notify occupancy’s occupants [CFC § 5307]. 59. Portable fire extinguishers shall be installed in required Group B and M occupancies. Fire extinguishers shall be of an approved type and rating consistent with occupancy use and type as per NFPA 10 and CFC §906] 60. All other construction shall adhere to requirements of CA Fire and Building Codes for egress, exit signs, emergency illumination, etc. PC AGENDA PAGE 30 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 12 PUBLIC WORKS 61. If applicable, all new utilities shall be installed underground. 62. Owner/Applicant’s contractor shall 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. 63. Owner/Applicant shall reconstruct and widen the two existing driveways of the property to accommodate for large emergency vehicles. The new widen driveways shall be at least five (5) feet away from any above-ground obstructions (including storm drains) 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. 64. Remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. 65. Any utilities that are in conflict with the development shall be relocated at the owner/applicant's expense. 66. If applicable, 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. a) Include any other applicable site-specific conditions; b) Historical or existing storm water runoff from adjacent lots must be received and directed by gravity to the street, a public drainage facility or an approved drainage easement. 67. 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 PC AGENDA PAGE 31 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 13 as required by the LACoDPW Storm water Quality Management Plan (SQMP). 68. 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. 69. If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA. 70. The owner/applicant shall deploy Best Management Practices during and after construction. 71. Complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 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. 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). POLICE 74. The business shall have security video cameras operating during all hours that the business is open. All cameras must record onto a videotape or similar recording device. The recordings of the security video cameras shall be maintained for a minimum period of 30 days, and the recordings must be made immediately available for any law enforcement officer who is making the request as a result of official law enforcement business. The video cameras shall be located at the gas pump and parking lot areas and all areas of the cash register/cashier and where cash is stored. If the Chief of Police determines that there is a necessity to have additional security cameras installed, the manager/owner of the business must comply with the request within 7 days. The Chief of Police can also require the position of the video cameras to be changed if it is determined that the position of the camera does not meet security needs. The manager/owner of the business must comply with the request within 7 days. The picture quality of the video cameras and recording devices installed on the complex must meet the approval of the Chief of Police. 75. The business shall be equipped with a panic/hold up alarm system. Employees shall have access to panic button(s) that will notify an alarm monitoring company of a robbery or other emergency at the location and who will in turn notify the Downey Police Department of the emergency. The business manager/owner will obtain an alarm permit from the Downey Police Department. 76. The business shall be equipped with an alarm system that covers break-ins and robberies. The alarm must be monitored by an alarm monitoring company who will notify the Downey Police of any break-ins or robberies. Employees must have access to a hidden button that will trigger a silent alarm, notifying the alarm monitoring company that a robbery is taking place. The manager/owner will obtain an alarm permit from the Downey Police Department. PC AGENDA PAGE 32 Resolution No. 18- Downey Planning Commission PLN-18-00191 – 13034 Downey Avenue June 19, 2019 - Page 14 PC AGENDA PAGE 33