HomeMy WebLinkAbout01. Public Hearing - Intro Ord Rezoning Property - 13034 Downey Ave -Fromitemo.
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: AUGUST 13, 2019
Staff recommends that the City Council introduce:
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On June 19, 2019, the Planning Commission held a public hearing to consider a proposal to
develop the property located at 13034 Downey Avenue with a new 2,800 square -foot, 18 feet,
8 inches in height, convenience store. The project site currently maintains two zoning
classifications: C-2 (General Commercial) and P -B (Parking Buffer). The project site also
maintains a General Plan Land Use Designation of Neighborhood Commercial.
The Planning Commission considered three entitlements required to develop the subject
property as proposed: 1) a zone change application to change the existing zone designations of
C-2 (General Commercial), which comprises a majority of the site, and the northern 23 -feet of
the lot zoned P -B (Parking Buffer) to C-1 (Neighborhood Commercial); 2) a conditional use
permit application to allow the proposed convenience store to operate with an ABC Type 20
(Off -Sale Beer & Wine) license; and 3) a site plan review application to review the proposed
development. The Planning Commission voted unanimously to adopt Resolutions 19-3096 and
19-3097 approving the above mentioned applications.
The property is currently zoned C-2 and P -B, with a General Plan Land Use designation of
Neighborhood Commercial (NC). 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
ZONE CHANGE ORDINANCE 13034 DOWNEY AVENUE
AUGUST 13, 2019
PAGE 2
inconsistent with the General Plan and as dual zoning on a property is not preferred, the
appropriate action is to change the existing C-2 designation to C-1. In recognition of the 2008
zoning code update which eliminated the P -B zone, properties with the P -B zoning designation
are rezoned when the Planning Commission considers other discretionary actions on said
properties.
The proposed zone change for the subject site is the result of a Site Plan Review and Conditional
Use Permit application submitted for the construction of a 7 -Eleven convenience store. Approval of
the zone change will allow the project to move forward with the proposed site improvements that
would add new landscape areas, improve onsite circulation, and construct a new commercial
building with a modern architectural style with a flat roof and accented by a metal canopy and
vertical wood -alternate siding at the corners. The proposed landscaping, parking improvements,
and new commercial building should provide visual interest to a corner property that previously
operated as a used vehicle sales dealership with minimal landscaping.
The complete analysis of the project and the required findings are contained in the attached
Planning Commission Staff Report. For the City Council's reference, site photographs, an aerial
photograph, and project plans have been included as attachments to this report.
Economic Vibrancy
Efficiency & Adaptability
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There is no fiscal impact to the City's General Fund associated with this item.
ZONE CHANGE ORDINANCE 13034 DOWNEY AVENUE
AUGUST 13, 2019
PAGE 3
ATTACHMENTS
Attachments: A — Aerial Photograph
B — General Plan
• (Existing Land Use Designations)
C — Site Photographs
D — Proposed 7 -Eleven Elevations
E — Zone Change Ordinance (with existing and proposed Zoning _•
F — Planning Commission Resolution 19-3096 (Site Plan Review & CUP)
G — Planning Commission Resolution 19-3097 (zone change)
H — Planning Commission Staff Report
I — Project Plans
Attachment
Ln "A"
LDR �L&N Den-ady Re-sident,alf
LMDR (Low Medum Density Resident
MDR (Medium Density Residential)
0 (01fice)
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GC (General Commercial)
MU (W4 Ked Use t
CM (Commercial Manufachwoj)
GM (General Manufacturing)
OS (Open Space)
P (Public)
S (School)
S, -PR (School - Private)
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Attachment "C"
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WEST FAPING DOWNEY AVENUE
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
A ZONE CHANGE REZONING PROPERTY LOCATED AT 13034 DOWNEY AVENUE
FROM C-2 (GENERAL COMMERCIAL) AND P- (PARKING BUFFER) TO C-1
(NEIGHBORHOOD COMMERCIAL)
WHEREAS, 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 C-2 (General Commercial) and P -B (Parking Buffer) to C-1 (Neighborhood
Commercial); and,
WHEREAS, 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,
WHEREAS, 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,
WHEREAS, on June 19, 2019, the Planning Commission held a duly noticed public
hearing, and after fully considering all oral and written testimony and facts and opinions offered
at the aforesaid public hearing adopted Resolution 19-3097, recommending the City Council
approve the Zone Change request, and Resolution 19-3096, approving the Conditional Use
Permit and site plan review applications.
WHEREAS, the City Council held a duly noticed public hearing on August 13, 2019, to
fully consider all oral and written testimony and facts and opinions regarding the zone change
request; and,
WHEREAS, the City Council finds, determines and declares that the requested Zone
Change has been reviewed for compliance with the California Environmental Quality Act
(CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15303 (Class 3 — New
Construction or Conversion of Small Structures) which exempts new construction up to 10,000
square feet in floor area. The zone change facilitates the construction of a 2,800 square foot
structure; and,
WHEREAS, having considered all of the oral and written evidence presented to it at said
public hearing, the City Council further finds, determines and declares 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.
2. The zone change will be compatible and complementary to existing conditions and
adjoining property in the surrounding area. Changing the zoning from 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 use 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
3. 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.
4. 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, at least 50 to 60 percent 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.
5. 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 inconsistency between the Zoning Map and the General Plan and will bring the
Zoning of the property into conformance with the General Plan designation of
Neighborhood Commercial.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
IRDAIN AS FOLLOWS:
SECTION 1. Property located at 13034 Downey Avenue is hereby rezoned from C-2
(General Commercial) and P -B (Parking Buffer) to C-1 (Neighborhood Commercial), as outlined
in Exhibit 'A' of this Ordinance.
SECTION 2. The City Planner shall update the Official Zoning Map of the City•
Powney to reflect this change.
ORDINANCE NO.,
PAGE 4
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day of 2019.
RICK RODRIGUEZ, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF DOWNEY }
I HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the 13th day of August, 2019,
and adopted at a Regular Meeting of the City Council of the City of Downey held on the _ day
of _, 2019, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
I FURTHER CERTIFY that a summary of the foregoing Ordinance No. 19- was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
_, 2019 (after introduction), and on _, 2019 (after adoption including the
vote thereon). It was also posted in the Regular posting places in the City of Downey on the
same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNE
APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT, (PLN -1
00191), A REQUEST TO CONTRUCT A 2,800 SQUARE FOOT CONVENIENC
STORE AND ALLOW THE OFF -SALE OF BEER AND WINE (TYPE 20 ALCOHOLI
E
BEVERAGE CONTROL (ABC) LICENSE) ADDRESSED AS 13034 DOWN
AVENUE
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 applicati
incomplete. On March 24, 2019 the applicant submitted the final informatio
n n
needed to complete the application accordingly. OMay 24, 2019, the
application was deemed complete; and I
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,
GThe 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.
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determines and declares that:
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Policy 8. 1. 1 — Promote architectural design of the highest quality.
Attachment "F"
Resolution No. 19-3096
Downey Planning Commission
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
• code.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors.
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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
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
eivironment without detriment to the character of the area."
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 • increase in additional
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 2
Resolution No. 19-3096
Downey Planning Commission
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 3
Resolution No. 19-3096
Downey Planning Commission
1! M 7 W• . 1
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 - s_ and parking requirements and exceeding - 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.
PLN -18-00191 - 13034 Downey Avenue
June 19, 2019 - Page 4
Resolution No. 18-3096
Downey Planning Commission
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 1 9th day of June
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos, Duarte and Domingu
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Mary Cavanagh, Secretary
City Planning Commission
PLN -18-0191- 13034 Downey Avenue
June 1e.001g'Page o
Resolution No. 19-3096
Downey Planning Commission
SITE PLAN REVIEW AND CONDITIONAL USE PERMIT
(PLN -18-00191)
EYYIBIT A — CONDITIONS
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This approval of the Conditional Use Permit and Site Plan Review, allows for th-
op •
operation of a 2,800 square foot, 18 foot and 8 inch high convenience store, and a Ty
20 (Off -Sale, Beer and Wine, Package Store) license. I
2The applicant and the property owner shall sign an affidavit of Acceptance of Condition
as provided by the City of Downey, no later than July 8, 2019. 1
3. The site shall remain in substantial conformance with this request and the approved set
of plans.
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5Approval 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 assoclat
with PLN -18-0091. I
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 6
Resolution No. 19-3096
Downey Planning Commission
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.
11. The sale of beer and wine for on-site consumption is strictly prohibited.
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a)
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alcoholicof 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 -nt greater than 15 percent by
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 soldin manufacturerpre-packaged multi -unit quantities;
f) The sale of single cigarettes is prohibited.
4 No alcohol advertising be located on the exterior _windows or door ..: the
storefront.Windows . be kept free and clear,except d:temporarydodo: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.
debris16, The subject property, and the surrounding public sidewalks, shall be maintained free of
trash, litter, and -
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.
- -•• -. . - - i- - . . : :.
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 7
Resolution No. 19-3096
Downey Planning Commission
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.
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 8
Resolution No. 19-3096
Downey Planning Commission
35. Any bollards on the site shall be decorative in nature and shall be approved by the City
Planner.
36. The trash enclosure must include a solid cover in compliance with the Downey Public
Works Department standards.
37. A wrought iron gate must be provided in an appropriate location to secure the area east
of the building and a fixed gate must be provided to secure the area north of the building.
38. The north and east sides of the building must be provided with three light fixtures on
each side so that they provide no less than 11 foot-candles in the area.
39. If numerous complaints are received, the Planning Commission reserves the right to
bring this item back for consideration to review the need for additional security
measures.
40. Decorative doors shall be provided on the trash enclosure, subject to approval of the
City Planner.
41. The development standards for the site shall be as follows:
tandard orlin9 Code ProposedT Notes
tartdards,
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) 20 ft. min 69 ft.
Rear (abutting a nonresidential 15 ft. min I 15 ft.
zone)
Side (interior, abutting a 5 ft. min 5 ft.
nonresidential zone)
7
Street Side 20 ft. min 72 ft. (building)
(Gardendale St (Major St)) 68 ft. (awning)
Landscaping
One tree for every five parking 3 trees 3
spaces
One tree for every 20 linear
feet of street frontage 14 trees 18
Percentage of trees based on 48 inch box (2)
size 36 inch box (2)
24 inch box (3)
15 gallons (11)
Parking
12
2 trees
4 trees
15 trees
Various shrubs
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 9
(Includes one ADA
12 accessible space)
Resolution No. 19-3096
Downey Planning Commission
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
42. 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.
43. 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.
44. 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).
45. School Impact fees shall be paid prior to Building Department permit issuance.
46. Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
47. All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
48. 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.
49. A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
50, 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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 10
Resolution No. 19-3096
Downey Planning Commission
511All projects including food service • • pools and/or spas shall • checked and
approved by the County Health Department as part of the Building Department plan
review process.
FIRE
52. Verify and submit information on Occupancy Use and Type (e.g. Mercantile Group M,
Business Group B, etc.).
MNNKNMM3�0 R =-K9ZU1M0=�1
54. 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 minimurr
meet requirement of CA Fire Code [CA Fire Code §505.1].
55. 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
•
56. 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]
57. 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].
58, 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]
% 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]
60. 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)]
61, 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]
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 11
Resolution No. 19-3096
Downey Planning Commission
i2. 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].
T3. 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].
64. 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]
65. All other construction shall adhere to requirements of CA Fire and Building Codes for
egress, exit signs, emergency illumination, etc.
PUBLIC WORKS
66. If applicable, all new utilities shall be installed underground,
67, 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 1, at (562) 904-7110 for
information.
68. 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.
% Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
70. Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
71, 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 (11 %)
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 12
Resolution No. 19-3096
Downey Planning Commission
of proposed dedications; (for alley dedications, show elevations of the four corners of th,Z
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 anil
directed by gravity to the street, a public drainage facility or an approved
drainage easement.
72. The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES); Ordinance 1142 of the Downey Municipal Code (DIVIC); 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 Storm water Quality Management Plan (SQMP).
73. 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.
74. If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
75. The owner/applicant shall deploy Best Management Practices during and after
construction.
76. Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
77. 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.
78. 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).
-aelkl9t
79. 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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 13
Resolution No. 19-3096
Downey Planning Commission
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.
80. 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.
81, 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.
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 14
Resolution No. 19-3096
UMMUMAIM.
1*JA
Projects[Certification Statement
represent the minimum standards of good houseKeeping which must be
implemented on all construction sites regardless of size.
0 Eroded sediments and other pollutants must be retained on site and may not be
transported from the site via sheetflow, swales. area drains, natural drainage
courses or wind,
0 Stockpiles of earlh and other construction related matefials must be protected from
being transported from the site by the forces of wind or water.
C3 Fuels, oils, solvents and other toxic materials must be stored in accordance with
their listing
i, not to contaminate the soil and surface waters. AM approved
storage containers are to be protected from the weather- Spills must be cleaned up
immediately and disposed of in a proper manner. Spills may not be washed into the
drainage system.
0 Non -storm water runoff from equipment and vehicle washing and any other activity
shall be contained at the project site -
0 Excess or waste concrete may not be washed into the public way or any other
drainage system. Provisions shall be made to retain concrete wastes on site until
they can be disposed of as solid waste.
11 Trash and construction related solid wastes must be deposited into a covered
receptacle to prevent contamination of rainwater and dispersal by wind.
11 Sediments and other materials may not be tracked from the site by vehicle traffic.
The construction entrance roadways must be stabilized so as to inhibit sediments
from being deposited into the public way- Accidental depositions must be swept up
immediately and may not be washed down by rain or other means.
0 My slopes with disturbed soils or denuded of vegetation must be stabilized so as US
bd erosion by wind and water.
0 Other
AS the project owner or authorized agent of the owner, I have read and understand the
requirements listed above. necessary to control storm water potiLdion from sediments,
erosion, and construction materials, and I certify that I will comply with these requirements.
Project Name -
Project Addre
�4!Z33AMM 1 imufkq' UM W41 EE3=1
Signature - Date
(owner or authorized agent of the owner)
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 15
Mirr
0 1 � T1111
k k k �0 L � k �� 0 �0 i
ke F � 11 t 11 'liiIII I
SECTION 1, The Planning Commission of the City of Downey does hereby find,
deter-ithie gid (�eq*e tWat:
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,
11614 lelzaawss oil I 611m agas I IN Elerri NIWA irtill m
'Him
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,
tetermines 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 chapt
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 (Neigh borhocjit
Attachment "G"
7kesolution No. • •
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.
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 2
Resolution No. 19-3097
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolutio
the Planning Commission of the City of Downey hereby recommends that the City Council
approve a zone change (PLN -1 8-00191) and update the Comprehensive Zoning Map to rezon -
the subject property to C-1 (Neighborhood Commercial), as outlined in Exhibit A of this
resolution. I
SECTION 5. The Secretary shall certify the adoption of this Resolution.
Ph naff - otnft�
�i y signed bySteven D pez
I
Steven Dominguez, Chairman
City Planning Commission
FA-EKE&TUEK I P -1 -that the toregoing is a true copy ot a Kesolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 1 9th day of June
2019, by the following vote, to wit:
AYES:
COMMISSIONERS.,
Owens, Frometa, Spathopoulos, Duarte and Dominguea
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Non-
• •,
OMMISSIONW&
Uo-te
oq'gittaffy si�nedby Waty C
Mary Cavanagh, Secretary
City Planning Commission
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 3
Resolution No. 19-3097
mmm��
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 4
'nom
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPME&COL,
REVIEWEDCRYSTAL LANDAVAZO, CITY PLANNER
PREPARED i ARREOLA,
11 "CONDITIONALF
• TO CONTRUCTY1 SQUARE
FOOT CONVENIENCE STORE, ALLOW THE OFF -SALE OF BEER AND
WINE (TYPE 20 ALCOHOLIC BEVERAGE• •(ABC) LICENSE)
•' TO CHANGE THE ZONINGFROM AND
COMMERCIAL)C-2 (GENERAL COMMERCIAL) TO C-11 (NEIGHBORHOOD
•LL OF 1i; . .
This is a request to approve a Site Plan Review application to demolish an existing building
associatedwith a vehicle salesbusiness•constructi 00 square -foot, i is
convenience store. The request includes a Conditional Use Permit application to allow the new
convenience i • operate with an ABC Type 20 ii i__ & Wine) license. The
Buffer) to C-1 (Neighborhood Commercial) and the remaining 108 feet of the property from C-2
(General Commercial) to C-1 (Neighborhood Commercial).
7 107
SWO-1w,117 OIL
adopt following ` fresolutions:
• • •[ • • • •
11 A '• • : 1 I A
rr- r I r•
• • 11 • • • • •
• • 11
Attachment "H"
i r 1: • •
i , rr- i 1 - r•
_ • r
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
North Medium Density Residential P -B (Parking
Buffer)
C -M
South I City of Paramount (Commercial
Manufacturing)
as Medium Density Residential C-2West G
Low Medium Density R-2
Residential
Apartments
Retail Center
Apartments
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.
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 2
PC AGENDA PAGE 2
Existing West Elevabun-DowneyAvonue
ExisUngGouthSideElevetion-QerdendaleGtrao
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.
GdeLeVowd
The project involves the demolition of the existing building and removal of the current use to
accommodate m new 2.800 square foot, 18' 8^ high building fora 7 -Bevan convenience market
with associated parking and landscaping as shown below on the next page.
SPR, CUP, mzMA'PLm-1000m
June 19, 2019 - Page 3
Falffxfffgz� MMI
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 Li titin
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.
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 4
7
Y
f
x
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 Li titin
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.
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 4
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
proposed Notes
Standards
Floor Area Ratio
0.25 max
0.15
Lot Coverage
50% max
15%
Building Height
20 ft. / 1 story
18 ft. 8 inches
max
Parking
12
12 (Includes one ADA
accessible space)
Setbacks:
Front (Downey Ave)
20 ft. min
69 ft.
Rear (abutting a nonresidential
15 ft. min
15 ft.
zone)
Side (interior, abutting a
5 ft. min
5 ft.
nonresidential zone)
Street Side
20 ft. min
72 ft.
(Gardendale St (Major St))
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 5
Standard
Zoning Code
Standards
Proposed otes
_ ....._
Minimum Required Landscapingo
375 sq. ft.
(5% of parking area
533 sq. ft.
(7.1% of parking
for Parking Area
(7,514 sq. ft.))
area)
Minimum Required Landscaping
1,888 sq. ft. (10%
6,194 sq. ft. (33%
for the lot
of the site)
of the site)
Landscaping
One tree for every five parking
3 trees
3 trees
spaces
One tree for every 20 linear
14 trees
18 trees
feet of street frontage
48 inch box (2)
2 trees
Percentage of trees based on
36 inch box (2)
4 trees
size
24 inch box (3)
15 trees
15 gallons (11)
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
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 6
PC AGENDA PAGE 6
designations on a property (C-1 for the P-13 portion of the lot and the existing C-2 zoning), t
zone change will also involve changing the existing C-2 portion of the site to C-1. T�hZ will res
in a single zoning designation of C-1 for the entire lot.
DEVELOPMENT REVIEW COMMITTEE
tfv Ju_
project as it pertains to Planning, Police, Fire, Public Works, and Building matters.
department expressed major concerns or opposition over the project, and issued standa
conditions, however, the Police Department subsequently added conditions of approv
Recommended conditions of approval have been included in the attached resolution reflecti 11
standard conditions of approval.
Staff has reviewed the proposed Site Plan Review, Conditional Use Permit, and Zone Change
for compliance with the California Environmental Quality Act (CE{JA). Upon nonno|ebon of this
reviexv, staff has determined that this request is omtegohoa|k/ exempt from CEClA. pursuant to
CEQA Guideline Section No. 15303 /C|eaa 3 — New Construction or Conversion of Gnma||
Structures). Class 3 exempts new construction up to 10.000 square feet in floor area. The
proposed structure ia2.8OOsquare feet infloor area.
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:
Policy 8.Y.Y—Promote architectural design ofthe highest quality.
The proposed architecture |aa significantupgradetothe existing facilities onsite,
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 �2.2—Promote the upgrading of
SPR, CUP, &ZMA pLN-18-0091
I :10FTATel :10 191,111 WAR] WA
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 ..:this article andthe zonelocated.
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 ' proposed • • • . plan and its design features, •'. i is
architecture •: landscaping, will integratei': • • 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
• pedestrian :i : •the visual effectsof the development •
view of 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.
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 8
PC AGENDA PAGE 8
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 emulatt
wood siding.
F. That the site plan and design considerations shall tend to upgrade property in tfti�
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:
14 1 [A rU RY1:9 1 rtl VA41 E 41- U.
e req1esTeO=MR1ona&--1se permn
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.
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 9
;[4WAJ
e1:4 Ll I p
OYA'I :rAT 0
. _Oja
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.
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.
shapeC. That the size and f . •, allow the
full development of the proposed use in a manner not detrimental to the particular
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 trafficgenerated f proposed use will notimpose an undueburden
upon i highways
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.
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 10
The following five (5) findings must be adopted prior to recommending to the 9ty Coun
,s are
approval of a Zone Change per Section 9830.06 of the Zoning Code. The finding
A. That the zone change is necessary and desirable for the development of t
community in harmony with the objectives of the General Plan and this chapt
and is in the interests or furtherance of the public health, safety, and gener-
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.
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 P|mn, 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 |aintended toprovide
limited neighborhood shopping areas specifically adjacent to or surrounded by
residential neighborhoods.
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 0.000 eQuene feet. The minimum lot size is established in part to
ensure lots meet m 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
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
SPR, CUP, mzMA PLN -1 8-00191
June 1V.001e Page 1I
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 _,
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.
re
6 =' * \ a
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).
A. Maps
B. Draft Zone Change Resolution
C. Draft Site Plan Review and Conditional Use Permit Resolution
D. Project Plans
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 12
zmmiwm=
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 13
11511 1 11 1
Ill I J 1
S ubje ct Sitt
•
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 14
wl-l"mr-MR19.0-Mrs
FS -PR (ScMd - Prrias)
SPR, CUP, & ZMA - PLN -18-00191
June 19, 2019 - Page 15
NOWITtIAMOU :7,T-el_:a
SECTION I., 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 -font;
18'8" high convenience store and operate with an ABC Type 20 (Off -Sale Beer & Wine)
license and a change of zone from P-13 (Parking Buffer) to C-2 (General Commercial);
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-13 (Parking Buffer) and C-2 (General Commercial) to C-
1 (Neighborhood Commercial). On May 24, 2019, the application was deemed complete;
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 neviexxed for compliance with the California Environmental Quality Act
(CE{JA).and iacmteooha||yexempt from CEQA.pursuant 1oGuideline Section 15303 (Class 3 —
New Construction or Conversion of Small Structures). Class 3exempts new construction uptV
1O.OUOsquare feet infloor area. The proposed structure measures 2.80Osquare feet infloor
area.
SECTION 3. Having considered all nfthe oral and written evidence presented tmitat
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 mcomprehensive update tothe Zoning
Ordinance which eliminated the P -B (Parking Buffer) zoning category. The
change ofzone from P-13 and C'2(General Commercial) tmC}-1(Neighborhood
Resolution No.
Downey Planning Commission
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.
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 2
Resolution 11to.
is j•mc—;
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 5t The Secretary shall certify the adoption of this Resolution,
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
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 3
Resolution No.
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 4
F-11111111 :4 =1;101 ILIA 9 Lei• , • J, I IC • e a 01611,7101 =V1
• RX6161 0 1 r •
�r • • • t•• • - •• •
SECTIONo� oil
BEVERAGE CONTROL (ABC) LICENSE) ADDRESSED AS 13034 DOWNEY
AVENUE
- Planning Commission of - City of Downey does herebyfind,
determine and declare
A On December2018, the applicant filed a requestfor Plan Review,
-
Conditional U- Permit,• a Zone Change (PLN-18-00191)to demolish an
existing building associated with a vehicle sales business and construct a new
:11' • ••' convenience store and operate with an ABC Type • -
Beer & Wine) license and a change of zone from P -B (Parking Buffer) to C-2
Commercial); and,
B. On 1''• the applicant was issued a letterdeeming the application
incomplete. • 1 ' the applicant submitted the final information
--• • to complete the application accordingly.On 1
application was deemed complete; an•
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,
- Planning Commission held a duly noticed public h- • on . 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.
Resolution No. 18 -
Downey Planning Commission
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
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. 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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 2
PC AGENDA PAGE 21
Resolution No. 18 -
Downey Planning Commission
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 3
PC AGENDA PAGE 22
Resolution No. 18 -
Downey Planning Commission
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.
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 4
Resolution No. 18 -
ROBIN
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 1 9th day of June
2019, by the following vote, to wit:
Mary Cavanagh, Secretary
kw M -A 9, OVA & LU a
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 5
NO- 01�0
F-11 Rn V-11 101
�W-ej Al I LTA 161%1.10
Mary Cavanagh, Secretary
kw M -A 9, OVA & LU a
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 5
Resolution No. 18 -
Downey Planning Commission
8-00191)
• D • ►'
P,,
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 6
Resolution No. 18 -
Downey Planning Commission
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 7
Resolution No. 18 -
Downey Planning Commission
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.
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 8
Resolution No. 18 -
Downey Planning Commission
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
Proposed
C)
Standards
d)
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)
20 ft. min
69 ft.
Rear (abutting a nonresidential
15 ft. min
15 ft.
zone)
Side (interior, abutting a
5 ft. min
5 ft.
nonresidential zone)
7
Street Side
20 ft. min
72 ft. (building)
(Gardendale St (Major St))
68 ft. (awning)
Landscaping
One tree for every five parking 3 trees 3
spaces
One tree for every 20 linear
feet of street frontage 14 trees 18
Percentage of trees based on 48 inch box (2) 2 trees
size 36 inch box (2) 4 trees
24 inch box (3) 15 trees
15 gallons (11) Various shrubs
Parking 12 12
Minimum Required Landscaping 375 sq. ft. (5% of 533 sq. ft.
for Parking Area parking area (7,514 (7.1% of parking
sq. ft.)) area)
Minimum Required Landscaping
for the lot 1,888 sq. ft. (10% of 6,194 sq. ft. (33%
the site) of the site)
M
(Includes one ADA
accessible space)
,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
D
2016 California Green Code.
rr Downey Aven—i
June 19, 2019 - Page
, -
._
Resolution No. 18 -
Downey Planning Commission
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 §506.11.
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].
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 10
Resolution No. 18 -
Downey Planning Commission
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)(0)]
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.
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 11
Resolution No. 18 -
Downey Planning Commission
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
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 12
PC AGENDA PAGE 31
Resolution No. 18 -
Downey Planning Commission
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.
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 13
Resolution No. 18-
Projects/Certwication staten*nt
As the project owner or authorized agent of the owner, I have read and understand the
requirements listed above, necessary to control storm water pollution from sediments,
erosion, and construction materials, and I certify that I vAll comply with these requirements,
Project Name.
Project Address:
MOM1111=4171
PLN -18-00191 — 13034 Downey Avenue
June 19. 2019 - Page 14
SITE DATA
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POLE MOUNT UGHTING FIXTURE
_LF -15
FIXTURE LF -1 WITH BACK SIDE SHIELD
LF -2
BUILDING MOUNT AREA UGH
LF -3
BUILD4NG MOUNT FIXTURE EM WALL LIGHT
LIGHTING GENERAL NOTES _
1. DRA-INGS PROVIDED FOR LAND USE
FIXTURES PERMIT APPLICATION, NOT TO BE
USED PERMITTING OR
CONSTRUCTION,
0 51 10, 20' 40'
SCALE: 1"= 20'-0"
LIGHT FIXTURE SCHEDULE
1AVERAGE
4.4 FC
MOUNTING
1.0 FC
MAXIMUM
14.4 PC
AVG/MIN RATIO
4.4
HEIGHT
LAMPS 11
WATTS
LUMENS
MANUFACTURER
CATALOG NUMBER
24'AFG
LED
219
23,38>
IASIONAIRE
'-VX-1-T4-64LC-10-5K
24'AFG
LED
218
23,383
ASLONAME
VMX-1-T4-64LC-10-SK-CLS
12'AFG
LEE)
41
5,000
GEUGHTING
MS3-0-C7-E!,50.1"DXSZ
10' ARS
LED
24
500
E PHILIPS
PLEM82
2 PHOTOMETRIC ANALYSIS
PERFORMED UTILIZING COMPUTER
GENERATED MODELS.
1pffm
ILLUMINATION LEVEL
1AVERAGE
4.4 FC
MINIMUM
1.0 FC
MAXIMUM
14.4 PC
AVG/MIN RATIO
4.4
MAX/MIN RATIO
14.4
��= 001
PROJECT
LOCATION
Lu Z :z 1
I-
>
Lu
Iii
I
ok
R7
'E
IN
V
91
-�CONVENIENCE
EX FL5WIJ J,
PATH--_- STORE
DMA A FLOW� +2 8bD SF
EX STORM DRAIN PATH
1) -M
:A A -A 610FILTER tO
AR19,600 SF
AREA 473 SF (BOTTOM)
> 1
Lj EA:
i �LkREA: 0.449 AC-,
<
EX CATCH BASIN
49,
ji
T i i
8
4
�IT
EX F�LIFPR V, NIUE
THI
-44
clI STORM DRAIN PUMP I EX FLOW
AT.
�PATH
�SfOR —4
EP :1 N -L F-
ilD
DMA B FLOW1
i PATH INTO
BIOFILTER
PR TRENCH DRAIN
I EX CATCH BASIN JA
DRAi
GARDENDALE STREET
7—
LID SITE DATA
SITE CONDITIONS _SUMMARY;
PF •-,jECT siTE m ±O 449 ACRES
EXISTING CONDITIONS AREA SUMMARY
PERVIOUS AREA = D 405 ACRES
IMPERVIOUS AREA= 0 044 ACRES
PROPOSED CONDITIONS AREA SUMMARY
PERVIOUS AREA = 0132 ACRES
IMPERVIOUS AREA= 0 317 ACRES
DMA A
AREA 19,600 SF
DCV REQUIRED 390 CF
AREA OF BIOFILTER 390 SF
WIUNDERDRAIN
TOTAL PROVIDED = 473 IF
LID SITE PLAN 1 -- 0 'A
m
LEGEND:
P—;PERI-Y UNE
an SM MR
DF"INA3VYAIACEMENT
�R I Ae- ""E"I'l
pl,'Sll 6 P,C �,PE
EPAN FCIRC� NlAiN
F� ' m P- �FD CCNT.:,�,,=5
G
uT
LID 1
GARDENDALE STREET
CONCEPTUAL LANDSCAPE PLAN
DOWNEY CONVENIENCE STORE
DOWNEY, CALIFORNIA
P,,�,Wl ii. ETIE
VICINITY MAP
CONCEPTUAL LANDSCAPE PLAN
DC7 EY CONVENIENCE STORE
DOWNEY, CALIFORNIA
PROPOSED
BULD:NG
GARDENDALE STPEET
PLANTING LEGEND
"7
�sVl
L4 ;v
.... . a J L-3