HomeMy WebLinkAboutPC Reso 20-3119RESOLUTION NO. 20-3119
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SITE PLAN REVIEW (PLN -19-00162), THEREBY
ALLOWING THE CONSTRUCTION OF A TWO-STORY, 7,788 SQUARE -FOOT
MEDICAL OFFICE BUILDING ON PROPERTY LOCATED AT 9432
TELEGRAPH ROAD.
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 October 8, 2019, the applicant submitted a request for a Zone Change and Site Plan
Review to eliminate the P -B (Parking Buffer) zone on the subject site and to allow the
construction of a 7,788 square -foot medical office building. Due to missing information
on the project plans, staff deemed the application incomplete; and,
B. On April 6, 2020, the applicant submitted the remaining information needed to complete
the application. Accordingly, staff deemed the application complete on April 16, 2020;
and,
C. On May 7, 2020, notice of the pending application published in the Downey Patriot and
mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on May 20, 2020 and, after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed project has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section 15332 (In -fill Development).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
A. The site plan is consistent with the goals and policies embodied in the General Plan
and other applicable plans and policies adopted by the Council. The project's
objective to revitalize the site helps achieve various long-term goals. Specifically, the
following policies are promoted by the Site Plan Review:
Policy 8.1.1— Promote architectural design of the highest quality.
Policy 8.1.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade compared to the facilities that
previously existed on site or the current vacant condition of the property. The
development will serve as an example of higher quality architecture for future
developments within its proximity and the entire city. Additionally, the development of
this site as a medical office building, meets the goals of the General Plan;
Resolution No. 20-3119
Downey Planning Commission
specifically, General Plan Goal 1. 1, to provide sufficient land areas for uses that
serves the needs of residents, visitors, and businesses.
B. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located. Pursuant to Article IX, Section
9314.02, the intent and purpose of the Commercial Zone regulations is to ensure that
the appearance and effects of commercial buildings and uses are harmonious with
the character of the area in which they are located. Specifically, the C-2 Zone is
intended to provide for and encourage orderly development of general commercial
uses, with a variety of goods and services, for the residents of the entire City, with
provisions designed to ensure that such commerce will be efficient, functionally
related, and compatible with adjacent noncommercial development. The proposed
medical office building will consist of three medical offices. As such, this will provide
a service to the adjacent, noncommercial uses, for Downey residents and visitors to
Downey. As such, this development is in accordance with the purposes and
objectives of the C-2 Zone.
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 medical building is designed in such a way as to have a positive visual
impact to the area. The building is two -stories in height, as opposed to the allowable
three stories because it is proportional to the adjacent and surrounding commercial
development in the area. The new development will serve as a significant upgrade
from the surrounding sites with modern architecture and curb appeal with drought -
tolerant landscape within the front setback. Additionally, the focus on scale will
prevent the development from appearing dominant and out of place.
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 site design and overall integration of the landscaping, building
orientation, and driveway access was well -envisioned by the applicant. The
relationship of the building to the street creates a welcoming entrance into the
building and is appropriately scaled for the area. The location of the parking spaces
throughout the development gives consideration to the patients who will be using
these facilities. The convenient entry locations into the building were designed to
achieve functionality for visitors to the site. The site plan as proposed complies with
all development standards and does not present potential conflicts in use.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities. The proposed project reflects true contemporary style architecture and
keeps with the same building height as the other commercial developments directly
across Telegraph Road as well as the commercial building adjacent to the west. The
proposed project will enhance the existing commercial and residential uses in the
area. The existing buildings on the site will be replaced with a new style of
architecture with quality materials, design, and variation in colors. This proposed
development will bring quality and improve the overall appearance of the area.
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Resolution No. 20-3119
Downey Planning Commission
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
development includes a new medical office building that will replace a vacant site
that previously operated as a non -conforming single family residence as well as a
used automobile dealership. The proposed building is upgrading the property with an
aesthetic building with unique architecture that will create enhancements to the site
and create a positive impact to the surrounding areas. This new building will provide
tenant space for three medical offices. The traffic generated from this use will be
primarily by patients and employees of this building. The site plan shows that ingress
and egress to the site has been reviewed by the Public Works department and is
designed to not create any negative impacts to Telegraph Road.
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. Conditions of approval have been added to
this project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal
Code. This includes (1) the use of graffiti resistant products in the construction of the
building and (2) the removal of any graffiti within 48 hours of application, which will
be the responsibility of the applicant to complete.
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 approves Site Plan Review (PLN -19-
00162) 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.
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Resolution No. 20-3119
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of May, 2020
Miguel arae, 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 201h day of May,
2020, by the following vote, to wit:
AYES:
COMMISSIONERS:
Duarte, Frometa, Owens and Spathopoulos
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dominguez
ABSTAIN:
COMMISSIONERS:
None
Mary Cay nagh, Secretary
City PI mg Commission
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Resolution No. 20-3119
Downey Planning Commission
SITE PLAN REVIEW (PLN -19-00162)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review (PLN -19-00162) allows for the construction of a
two-story, 7,788 square -foot medical office building inclusive of all parking and
landscaping as shown in the plans stamped with the date April 6, 2020.
2) The uses permitted to operate at this site shall only be medical office uses as defined in
the City of Downey Municipal Code.
3) This Site Plan Review (PLN -19-00162) 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.
4) The use approved herein must be executed within one year of approval or shall be
subject to revocation where this approval will be deemed null and void.
5) The Planning Commission reserves the right to revoke or modify this approval if the
proposed use becomes a public nuisance, finds the permit was obtained by fraud, the
approved use is not being exercised, the approved use is operated in violation of the
terms and conditions contained herein, or the approved use ceased or was suspended
for one year or more.
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) Prior to the installation of any exterior signs, the property owner must obtain approval of
a Planned Sign Program for the site.
9) 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.
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Resolution No. 20-3119
Downey Planning Commission
10) Lighting in all parking areas shall have illumination as shown in the Photometric Plan
date stamped April 6, 2020.
11) The approved architectural elements shall be as noted in the approved plans.
Modifications to the facades and/or colors shall be subject to the review and approval of
the City Planner if such modifications achieve substantially the same result as would
strict compliance with said plans.
12) 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.
13) Graffiti resistant products must be used in the construction of the building. Any graffiti
applied to the site shall be removed within 48 hours.
14) 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.
15) Drought tolerant landscaping shall be used in all landscape areas of the site, as
approved by the Planning Commission. All landscape shall be installed and
permanently maintained and not encroach into adjacent properties.
16) The trees installed along the rear property line, and throughout the site, must be no less
than six feet in height at the time of planting and at least 15 feet in height at the time of
maturity.
17) In order to ensure the address of the site is highly visible on the building, it shall be
provided in Arabic numbers at least 6 inches in height with black coloring to contrast the
material of the building.
18) Applicant shall install radial curbs at the driveway approach for both ingress and egress.
BUILDING
19) All construction must comply with the most recent adopted City and State building
codes:
a)
2019 California Building Code.
b)
2019 California Electrical Code.
C)
2019 California Mechanical Code.
d)
2019 California Plumbing Code.
e)
2019 California Fire Code.
f)
2019 California Green Code.
20) The Title Sheet
of the plans shall include:
a) Occupancy Group.
b) Occupant Load.
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Resolution No. 20-3119
Downey Planning Commission
C) Description of use.
d) Type of Construction.
e) Height of Building.
D Floor area of building(s) and/or occupancy group(s).
21) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
22) 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.
23) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
24) 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.
25) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and
8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of
these hours.
26) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to occupancy of the units.
POLICE
27) Address must be highly visible.
FIRE
28) Install approved key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1].
29) Premises shall be appropriately addressed. 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 ]
30) Building egress shall be designed to meet requirements of the CA Building Code and
Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing,
door swing direction, exit sign illumination, etc.
31) A deferred automatic fire sprinkler plan submittal shall be required [CA Fire Code
§903.2; 903.2.10 #2; DMC 3317] where the enclosed parking garage is located beneath
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Resolution No. 20-3119
Downey Planning Commission
other groups. The automatic fire sprinkler system design, installation, and testing shall
be in accordance with NFPA 13.
32) A deferred fire alarm and detection system plan submittal shall be required [CA Fire
Code §907.2; DMC 3316]. The fire alarm and detection system shall be designed,
installed, and tested in accordance with NFPA 72.
33) Emergency Responder Radio Coverage shall be provided to the building in accordance
with CA Fire Code 510, NFPA 72 and NFPA 1221.
34) Provide approved fire lane markings [CA Fire Code §503.3]
35) Elevators installed in buildings shall be appropriately sized to accommodate both
emergency medical staff (minimum of three (3) persons plus patient) and associated
local emergency equipment such as gurneys and medical supplies [DMC 3326]
36) Vanilla shell to be protected by automatic fire sprinkler and fire alarm systems.
PUBLIC WORKS
37) All public utilities shall be installed underground.
38) 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).
39) 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, at (562) 904-7110 for information.
40) Remove and replace damaged, uneven or sub -standard curb, gutter, sidewalk, driveway
approaches, and pavement to the satisfaction of the Public Works Department. Contact
the Public Works Inspector at (562) 904-7110 to identify the limits of the areas to be
removed and replaced at least 48 hours prior to commencing work.
41) Owner/Applicant shall reconstruct the existing driveway approach per Standard Plans of
Public Works Construction (SPPWC) No. 110-2 Type C. Driveway width bottom of X to
bottom of X shall be a minimum of 26 feet in order accommodate for large 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 approach design shall be subject to the
review and approval by the Public Works Department.
42) All unused driveway approaches shall be removed and constructed with full -height curb
gutter, and sidewalk to match existing improvements.
43) Submit public improvement plan for review and approval by Public Works Department
prior to the start of construction and the issuance of any encroachment permit for
improvements within the public right of way.
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Resolution No. 20-3119
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44) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
45) Paint property address numbers (4" height) on the curb face in front of the proposed
development to the City's satisfaction.
46) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
47) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
48) Construct onsite pavement, consisting of a minimum section of 4" thick aggregate base,
and a minimum 2-1/2" thick asphalt concrete pavement. Construct Pavement on-site
parking and circulation areas as required by a pavement engineering or geotechnical
report prepared by a Registered Civil Engineer, subject to the review and approval of the
Public Works and Community Development Departments.
49) 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.
50) The owner/applicant must coordinate with the County Sanitation District of Los Angeles
to assure that the current Industrial Waste Discharge permit is closed and an exempt
letter is used by the county notifying that an Industrial Waste Discharge permit is not
need anymore. Please provide copies to the City of Downey's Public Works Department.
51) Connection of any new water service lines must be to the existing 8 -inch main located
on Telegraph Road.
52) The owner/applicant shall furnish and install public potable water improvements
including installation of a new main on Telegraph Road if it is determined that proposed
fire service(s) require a larger than the current 8 inch main located on Telegraph Road.
53) The owner/applicant shall retrofit any existing fire hydrant(s) within the property frontage
in accordance to latest Fire Department and Department of Public Works standards
including but not limited to furnishing and installation of a new riser, fire hydrant head,
and associated fittings.
54) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances as required. New fire service lateral(s) shall be connected to
existing 8 -inch main located on Telegraph Road and shall be dedicated for fire service
only.
55) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
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Resolution No. 20-3119
Downey Planning Commission
County Department of Public Health. Backflow devices shall be located on private
property, readily accessible for emergency and inspection purposes, and screened from
view by providing sufficient landscaping or physical screening subject to approval of the
City Planner and City Engineer.
56) Backflow devices shall be certified in the field by a licensed LA County Department of
Public Health certified tester prior to placing into service and such certification provided
to City.
57) Existing potable, irrigation and fire water service lines and associated appurtenances
must be removed and abandoned from existing water main.
58) Owner or tenant must establish accounts with the City Cashier prior to the City activating
and the tenant using any fire, potable, or recycled water service and meter.
59) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of the following:
a) Potable Water Improvement Plans (all City -owned potable water and fire service
lateral improvements)
b) Final City approved potable water improvement plans shall be submitted on
mylars and shall be signed and stamped by a State of California licensed civil
engineer.
C) Improvement plans for potable main improvement shall be both plan and profile.
60) Upon completion of water improvements, owner/applicant shall submit red -lined
construction plans to City noting all changes to the plan and profile of all water
improvements installed. Such changes shall be incorporated into a final record drawing
mylar which shall be signed and stamped by the original engineer and/or architect of
record and submitted to the City along with digital files (AutoCAD — latest edition).
61) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters, and appurtenances.
62) The owner/applicant shall consult the Department of Public Works to determine the
sewer location and design requirements.
63) Site shall be served by adequately sized water supply facilities, which shall include fire
hydrants of the size, type and location approved by the Fire Chief.
64) The water mains shall be of sufficient size to accommodate the total domestic and fire
flow required for the subdivision. The domestic/fire water flows required are to be
checked and approved by the Dept. of Public Works or the water provider for size and
velocity. Fire flows required are to be determined by the Fire Chief.
65) Any deviation from the city standards in constructing the water and sewer lines shall be
approved by the Los Angeles County Health Department.
66) 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
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Resolution No. 20-3119
Downey Planning Commission
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.
67) Include any other applicable site-specific conditions.
68) The drainage plan must provide for the site having an independent drainage system to
the public street, to a public drainage facility, or by means of an approved drainage
easement.
69) Surface water generated from the site shall not drain over the sidewalk or driveway into
the gutter on Woodruff Avenue. A parkway drain(s) is required for sites.
70) The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low
Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify
and append Public Works standard "Attachment A" to all construction and grading plans
as required by the LACoDPW Stormwater Quality Management Plan (SQMP).
71) 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.
72) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
73) The owner/applicant shall deploy Best Management Practices during and after
construction.
74) The owner/applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government
Code of the State of California.
END OF CONDITIONS
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