HomeMy WebLinkAboutPC Reso 20-3128RESOLUTION NO. 20-3128
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -20-00045 (CONDITIONAL USE PERMIT), THEREBY ALLOWING AN
INDOOR SHRIMP FOOD PRODUCTION FACILITY WITH A SMALL RETAIL
COMPONENT IN AN 18,140 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT
12510 COLUMBIA WAY, ZONED C -M (COMMERCIAL MANUFACTURING)
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. An application was filed by Stephen Sutton (hereinafter referred to as the "the
applicant") on May 6, 2020 requesting approval of a Conditional Use Permit
(PLN -20-00045) to allow an indoor shrimp food production facility with a small
retail component in an 18,140 square foot industrial building;
B. Staff deemed the application incomplete on June 4, 2020, due to staff concerns
and missing information. Upon further discussions with the applicant, revised
proposal and revised plans were submitted. Subsequently, staff deemed the
application complete on August 4, 2020; and
C. On August 6, 2020, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published in
the Downey Patriot;
D. The Planning Commission held a duly noticed public hearing on August 19, 2020
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 the
environmental impact of the proposed development 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 No. 15301 (Class 1), Existing Facilities
because the proposed use will involve interior and exterior alterations to an existing structure.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
A. The requested Conditional Use Permit for the indoor shrimp food production facility
will not adversely affect the purpose and intent of the Downey Municipal Code.
Specifically, the subject property is located within the C -M zone, which is intended to
provide a flexible range of commercial, wholesale, and light manufacturing uses that
can be operated in harmony with each other and in a clean and orderly manner. The
areas designated for the commercial and manufacturing zone are suitable for both
types of uses in combination with each other or individually. The requested CUP will
allow the production and sale of shrimp to local and regional areas. The C -M zone
allows food product manufacturing with the approval of CUP. Approval of this CUP
will allow the production of food such as the proposed shrimp in addition to the
ancillary retail use permitted in the C -M zone. The proposed use also complies with
Policy 1. 1.4 of the City's General Plan, wherein it states that the City of Downey
Resolution No. 20-3128
Downey Planning Commission
should provide an appropriate amount of land area for people to acquire goods and
services.
B. The requested Conditional Use Permit will not adversely affect the adjoining land
uses since the use will be completely within an existing industrial building and
adjacent properties operate manufacturing and storage uses with the exception of
the northern and western properties. However, these northern and western adjacent
sites contain structures that are situated 150 to 300 feet away from the proposed use.
In addition, the conditions included in the Resolution adequately ensure that the new
use will not adversely affect the adjoining lots. Furthermore, the proposed use will
undergo regulations enforced by other agencies such as the California Department of
Fish and Wildlife, Food and Drug Branch of California Department of Health, and any
other applicable agencies.
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 subject site is approximately 42,708 square feet in size. The existing structure
will maintain its existing footprint at 18,140 square feet and the proposed use will
occupy the interior of the building. Also, the site currently provides existing parking
with a total of 43 on-site parking spaces where the use requires a total of 41 spaces,
Lastly, Conditions of Approval have been included that would address the operation
requirements, noise, odor, and trash. Therefore, the new use will not be an adverse
impact to the area.
D. The traffic generated by the proposed use is not expected to significantly increase with
the approval of the CUP, as the site currently accommodates sufficient on-site parking
spaces. In addition, the applicant will be utilizing and only allowing pickup trucks and/or
small vans for shipping purposes. Lastly, as previously stated in the report, the
proposed use/business is not expected to have more than 12 employees on-site, thus
providing a surplus of available parking spaces to the public and distribution vehicles
and the site is adequately served by surrounding streets and highways.
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 this Conditional
Use Permit (PLN -20-00045) subject to the 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. 20-3128
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of August 2020.
Miguel t ,arte, Chairman
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 August
2020, by the following vote, to wit:
AYES:
COMMISSIONERS: Owens, Frometa, Spathopoulos and Duarte
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: Dominguez
ABSTAIN:
COMMISSIONERS: None
Mary CPqnagh, Secreta rO
Planni ommission
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Resolution No. 20-3128
Downey Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN -20-00045)
PLANNING
1) The approval of this Conditional Use Permit allows the establishment of an indoor shrimp
food production facility with a small retail component within an existing 18,140 square
foot industrial building and fagade and site improvements in accordance with plans
submitted and filed under Case No. PLN -20-00045.
2) Approval of this Conditional Use Permit 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.
3) 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.
4) All conditions of approval set forth in this Resolution shall be complied with before the
Conditional Use Permit becomes valid.
5) 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.
6) 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.
7) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
8) The permitted hours of operation of the business are Monday through Sunday from 7:00
a.m. to 6:00 p.m.
9) All installed exterior lighting shall be subject to a final inspection by the Planning
Department. The illumination of the outdoor lights shall be adjusted to the satisfactory
standard of the City Planner in order to provide appropriate on-site illumination and
prevent spill over on to adjacent properties and the public right-of-way.
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Resolution No. 20-3128
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10) All signage shall be reviewed for a separate permit and must comply with the Downey
Municipal Code, Chapter 6 (Signs).
11) All operations shall occur within the building. No outdoor uses shall be allowed.
12) Noise levels shall not exceed applicable noise standards specified in Downey Municipal
Code Article IV, Section 4600 (Noises).
13) All new rooftop mechanical equipment shall be fully screened from public view. Said
screening must be architecturally compatible with the building in terms of theme,
materials, colors and textures. Any proposed screening shall be submitted for approval
by the City Planner prior to the issuance of a building permit.
14) All new and existing landscape shall be maintained in a clean and neat manner to the
satisfaction of the City Planner.
15) The proposed trash enclosure shall be constructed in accordance to Downey Municipal
Code Section 9528 (Solid Waste) and the City's Public Works Department standards.
16) Trash shall be collected as frequently as a daily basis to ensure that there are no odors
or nuisance due to the nature of the use.
17) All trash and refuse containers shall be fully screened from public view.
18) The applicant shall implement an environmental control system that is adequately
compatible with any odor control prevention and ventilation systems at the site. For
purposes of this condition, "adequately compatible" means that any environmental
control systems and odor control systems operating at the site operate concurrently to
prevent odors from being detected outside the site, while still allowing the applicant to
successfully produce shrimp to the satisfaction of applicable construction codes and the
City Planner.
19) Prior to a Certificate of Occupancy, the City Planner shall conduct a final inspection of
the site.
20) All applicable State and Federal Licenses and reviews for the proposed use shall be
required to be approved prior to issuance of Certificate of Occupancy.
BUILDING
21) All construction shall comply with the most recent adopted City and State building codes
2019 California Building Code
2019 California Electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Fire Code
2019 California Green Code
22) 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
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Resolution No. 20-3128
Downey Planning Commission
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
23) The Title Sheet of the plans shall include:
Occupancy Group
Occupant Load
Description of use
Type of Construction
Height of Building
Floor area of building(s) and/or occupancy group(s)
24) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
25) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
26) 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.
27) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
28) 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.
29) All projects including food service or Public pools and/or spas shall be checked and
approved by the LA County Health Department as part of the building department plan
review process.
PUBLIC WORKS
30) All public utilities shall be installed underground.
31) 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).
32) Obtain permits from the Public Works Department for all improvements within the public
right of way at least two weeks prior to commencing work.
33) Remove and replace sub -standard driveway approach per 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.
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Resolution No. 20-3128
Downey Planning Commission
34) Public improvement plan(s) shall be submitted for review and approval by Public Works
Department.
35) Reconstruct existing driveway approach at least five (5) feet away from any above-
ground obstructions in the public right-of-way to the top of the driveway "X." Ensure that
the 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.
36) Remove all Underground Service Alert (USA) temporary pavement markings immediately
following the completion of the work / Final permit inspection.
37) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
38) Any acquired property in the form of easement, fee simple or irrevocable offer shall be in
form acceptable by the city engineer and the city attorney prior to its recordation.
39) Owner/applicant shall coordinate with the County Sanitation District of Los Angeles to
determine whether the property needs to apply for an Industrial Waste Discharge Permit.
If so, owner applicant shall submit the permit application and supporting documents to
the Public Works Department for them to review and forward to the County Sanitation
District of Los Angeles. Prior to final sign off owner/applicant needs to have already
obtain the permit from the county or a letter of exempt from the county regarding the
Industrial Waste Discharge permit.
40) Owner or tenant must establish accounts with the City Cashier prior to the City activating
and the tenant using any fire and potable water service and meter.
41) The owner/applicant shall provide separate water improvement plan sets for review and
approval should there be any utility work in the public right-of-way. The plan shall consist
of the following:
a) Potable Water Improvement Plans (all City -owned potable water and fire service
lateral improvements).
b) Final City approved potable water and recycled water main improvement plans
shall be submitted on mylars and shall be signed and stamped by a State of
California licensed civil engineer. In addition to review and approval by City,
recycled water main improvement plans shall be submitted to, and plan approval
letter obtained from, the State Water Resources Control Board — Division of
Drinking Water.
C) Final City approved recycled water irrigation plans shall be submitted on mylars
and shall be signed and stamped by a State of California licensed landscape
architect. In addition to review and approval by City, recycled water irrigation
plans shall be submitted to, and plan approval letter obtained from, LA County
Department of Public Health.
d) Improvement plans for potable water main improvements shall be both plan and
profile.
42) 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
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Resolution No. 20-3128
Downey Planning Commission
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).
43) The water mains shall be of sufficient size to accommodate the total domestic and fire
flow required for the property. 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.
44) Any deviation from the city standards in constructing the water and sewer lines shall be
approved by the Los Angeles County Health Department.
45) 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).
46) 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.
47) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
48) The owner/applicant shall deploy Best Management Practices during and after
construction.
49) The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling facilities. Trash enclosure shall include roof cover.
50) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
51) 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.
52) 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.
FIRE
53) The establishment shall comply with all current code requirements for the occupancy use
and type.
54) Premises shall be appropriately addressed. An approved address identification shall be
provided that is legible and placed in a position that is visible from the street/road. Sizing
shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code
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Resolution No. 20-3128
Downey Planning Commission
§505.1 ]
55) Install approved key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1].
56) Automatic fire sprinkler system shall be maintained in operative condition at all times.
The automatic fire sprinkler system shall have a current Title 19/NFPA 25 5 -year
inspection and testing with backflush of FDC witnessed by Downey Fire. All required
inspection reports shall be submitted to Downey Fire [CA Fire Code §901.6; §901.6.3;
CCR Title 19, Division 1, §904(a)(1)].
57) Fire detection and notification system (e.g. fire alarm) shall be maintained in operative
conditions at all times and undergo its required annual inspection and testing. Inspection
and testing reports shall be submitted to Downey Fire [CA Fire Code §901.6; §901.6.3;
NFPA 72 §14.3.1].
58) If modifications are required to the existing automatic fire sprinkler or alarm systems, a
licensed fire protection contractor (e.g. C-16, C-10) shall submit plans and obtain the
required permit(s) from Downey Fire for said work. Work shall be subject to witnessed
acceptance testing by this agency [CA Fire Code §105.7.1; §105.7.7; §901.5; NFPA 72
§ 14.4.2].
59) Installation of Liquid Oxygen tanks and ozone generator shall require separate fire
permits. A construction permit is required for installation of stationary cryogenic fluid
storage systems [CA Fire Code §105.7.5] and hazardous materials systems [CA Fire
Code §105.7.13].
60) Establishment of hazardous materials business plan (HMBP) shall be required for the
handling of reportable quantities of hazardous substances (e.g. Liquid Oxygen, etc.)
[HSC 25507(5)(C)].
61) If the handling of Ozone, a regulated substance, exceeds the Threshold Quantity of 100
pounds, the operator shall develop and submit a Risk Management Plan (RMP) in
conjunction with the California Accidental Release Plan (CaIARP) [19 CCR 4.5
§2735.5(b)(1), §2745.1(a)]. The operator shall closely coordinate implementation of the
CaIARP requirements with the Downey Fire Department [19 CCR 4.5 §2735.5(a)].
62) Where deemed necessary by the Downey Fire Department, equipment cut sheets shall
be provided.
63) If applicable for storage of hazardous materials, provide a visible NFPA 704 hazard
warning placard to address side of building. NFPA 704 placard shall be required where
hazardous substances equal to or above permitted quantities are handled, stored, or
used [CA Fire Code §5003.5].
64) Exit signs shall be properly illuminated and readily visible from any direction of egress
travel [CA Fire Code §1013.1; 1013.31030.2; 1030.3].
65) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of
the CA Fire Code for occupant load, number of egresses, egress sizing, door swing
direction, etc.
END OF CONDITIONS
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