HomeMy WebLinkAboutPC Reso 19-3096RESOLUTION NO. 19-3096
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT, (PLN -18-
00191), A REQUEST TO CONTRUCT A 2,800 SQUARE FOOT CONVENIENCE
STORE AND ALLOW THE OFF -SALE OF BEER AND WINE (TYPE 20 ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE) ADDRESSED AS 13034 DOWNEY
AVENUE
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On December 18, 2018, the applicant filed a request for Site Plan Review,
Conditional Use Permit, and a Zone Change (PLN -18-00191) to demolish an
existing building associated with a vehicle sales business and construct a new
2,800 square -foot convenience store and operate with an ABC Type 20 (Off -Sale
Beer & Wine) license and a change of zone from P -B (Parking Buffer) to C-2
(General Commercial); and,
B. On January 17, 2019, the applicant was issued a letter deeming the application
incomplete. On March 24, 2019 the applicant submitted the final information
needed to complete the application accordingly. On May 24, 2019, the
application was deemed complete; and
C. On June 6, 2019, a notice of the public hearing was sent to all property owners
within 500' of the subject site and the notice was published in Downey Patriot;
and,
G. The Planning Commission held a duly noticed public hearing on June 19, 2019,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15303 (Class 3 —
New Construction or Conversion of Small Structures). Class 3 exempts new construction up to
10,000 square feet in floor area. The proposed structure measures 2,800 square feet in floor
area.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
A. The site plan is consistent with all applicable goals and policies specified in the City's
General Plan and policies adopted by the City Council. In addition, the project's main
objective to revitalize the site helps achieve various long term goals. Specifically, the
following policies are promoted by the Conditional Use Permit and Site Plan Review:
Policy 8.1.1 — Promote architectural design of the highest quality.
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
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
Resolution No. 19-3096
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
Resolution No. 19-3096
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. 19-3096
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of June 2019.
Steven ua ingue rt;nVman
City Pla in mission
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. Owens, Frometa, Spathopoulos, Duarte and Dominguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Cavanagh, Secretary
City Planning Commission
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 5
Resolution No. 19-3096
Downey Planning Commission
SITE PLAN REVIEW AND CONDITIONAL USE PERMIT
(PLN -18-00191)
EXHIBIT A — CONDITIONS
PLANNING
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.
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
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 -1 8-00191 — 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 -
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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:
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 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
(Includes one ADA
Parking
1 12
12
1 accessible space)
PLN -18-00191 — 13034 Downey Avenue
June 19, 2019 - Page 9
Resolution No. 19-3096
Downey Planning Commission
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 sit(E)
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
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Resolution No. 19-3096
Downey Planning Commission
accessible parking to building. The design professional shall ensure that the site
accessibility plan is compliance with the latest Federal and State regulations.
51. 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
52 Verify and submit information on Occupancy Use and Type (e.g. Mercantile Group M,
Business Group B, etc.).
53. Install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1].
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 minimum
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
§1010.1.9.3]
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]
59. 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]
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Resolution No. 19-3096
Downey Planning Commission
62. 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].
63. 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 I, 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.
69. 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 (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
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Resolution No. 19-3096
Downey Planning Commission
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.
72. The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low
Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify
and append Public Works standard "Attachment A" to all construction and grading plans
as required by the LACoDPW 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).
POLICE
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
Downey Planning Commission
Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development Construction
Projects/Certification Statement
The following is intended as an attachment for construction and grading plans and
represent the minimum standards of good housekeeping which must be
implemented on all construction sites regardless of size.
❑ 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.
❑ Stockpiles of earth and other construction related materials must be protected from
being transported from the site by the forces of wind or water
❑ Fuels, oils, solvents and other toxic materials must be stored in accordance with
their listing and are not to contaminate the soil and surface waters All 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.
❑ Non -storm water runoff from equipment and vehicle washing and any other activity
shall be contained at the project site
❑ 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,
❑ Trash and construction related solid wastes must be deposited into a covered
receptacle to prevent contamination of rainwater and dispersal by wind.
❑ 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.
❑ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to
inhibit erosion by wind and water
❑ 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 pollution from sediments,
erosion, and construction materials, and I certify that I will comply with these requirements
Project Name
Project Address.
Print Name
Signature
(Owner or authorized agent of the owner)
Date
(Owner or authorized agent of the owner)
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June 19, 2019 - Page 15