HomeMy WebLinkAbout3. PLN-21-00177 9516 Lakewood9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 – Page 2
On December 15, 2021, the applicant filed a request for a Conditional Use Permit.
Subsequently, the applicant was issued an incomplete letter on January 12, 2022. A complete
letter was issued on March 2, 2022. On March 24, 2022, notice of the pending public hearing
was published in the Downey Patriot and mailed to all property owners within 500 feet of the
subject property.
Existing North Elevation from Gallatin Rd
DISCUSSION
A temporary outdoor dining permit was issued for the center on July 29, 2020 as part of the
City’s response to state mandated closures due to the COVID-19 pandemic. The temporary
structure occupies five (5) parking spaces and consists of a wood plank deck with trees that
buffer it from the drive aisle. The property owner is now requesting to remove the temporary
structure and replace it with a permanent dining area by removing seven (7) parking stalls. The
new dining area will install new hardscape, landscape, site lighting, and bollards to match
features from the existing outdoor dining plaza.
The proposed project will consist of a 1,420 square feet of outdoor dining area surrounded by a
3 ft. 7 in. landscape planter along its perimeter. The new dining area will be enclosed with a 42”
tall metal railing fence, to match the existing railing within the center. The new landscaping will
consist of drought tolerant plants, shrubs, and trees. The asphalt in the area will be removed
and replaced with concrete and decorative pavers to identify the new outdoor dining area. Two
of the seven parking spaces removed for this project are ADA compliant spaces that will be
relocated to the parking area immediately south of the new outdoor dining area. Though there is
a reduction of parking, the site continues to have a surplus of 42 stalls.
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 – Page 3
Proposed Site Plan
DEVELOPMENT REVIEW COMMITTEE
On January 6, 2022, the Development Review Committee (DRC) evaluated the project as it
pertains to Planning, Police, Fire, Public Works, and Building and Safety matters and provided
staff with comments and conditions. No department expressed concerns or opposition over the
project, and issued standard conditions. Recommended conditions of approval have been
included in the attached Resolution to address potential impacts.
ENVIRONMENTAL ANALYSIS
It has been determined that this request is categorically exempt from CEQA, pursuant to
Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects,
which have been determined not to have a significant effect on the environment and have been
exempted from the requirements of CEQA. Class 1 consists of projects that involve a negligible
expansion of the existing use.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to approving a Conditional Use Permit . The findings are as follows:
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 – Page 4
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 subject site is developed with a commercial center that consists of a coffee shop
and restaurants with outdoor dining areas. The commercial was previously found to be,
and remains, consistent with the General Plan in that it provides goods and services to
the neighborhood and surrounding community. The proposed secondary dining area will
provide the community with an additional amenity to utilize the services provided by the
center. The new outdoor dining area is located approximately 210 feet away from
residentially developed properties at the east side of the site. The new outdoor dining
area is separated from the nearest residential uses by three drive aisles and rows of
parking so it is not expected to cause a nuisance to nearby businesses or residences.
The project aims to diversify the services available to residents and patrons of city
businesses. The following General Plan policy is promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire
goods and services
The Conditional Use Permit promotes the above policy by diversifying the amenities and
environment provided by the adjacent businesses. This will not only continue to provide,
but also expand, the type and amount of goods and services available to its patrons and
general public. The commercial center will continue to operate under existing conditions
of approval issued upon its original development which have allowed it to operate
without causing impacts to the surrounding area.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
The proposed outdoor dining area is intended to complement the existing uses on the
subject site as a supplementary/ancillary component. The project will match the existing
features of the existing outdoor dining area and will provide additional landscaping to
complement the new amenity. The subject site has operated as commercial center
without causing adverse impacts to the surrounding area. The proposed project will add
an additional amenity to complement the existing on the subject site without intensifying
the original operations of the center. The subject site will continue to operate with a
surplus of parking stalls that exceeds the City’s minimum standards. As such, the
request is not anticipated to adversely affect the adjacent commercial businesses, nor
hinder the area’s potential for future growth and development.
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 has operated as a commercial center and the request for an additional
outdoor dining area does not include a proposal to alter any of the existing buildings’
floorplans or square footage. The proposed new outdoor dining area is intended to
complement the uses already operating on the subject site, not serve as a new primary
use that would generate additional impacts. The center, and the new dining area, will
continue to operate under the existing conditions of approval that regulate the center to
ensure that the subject site does not cause a detriment to the area. The proposed dining
area will not restrict future permitted uses from occupying the site or require an existing
use to alter their operations. The site will continue to operate with an abundance of
parking and will continue to be self-sustaining without impacting the surrounding area.
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 – Page 5
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The subject site has operated as a commercial center with a coffee shop and three
restaurants. Additionally, the location of the proposed new permanent outdoor dining area
was occupied by a temporary dining area deck since July 2020 without causing an undue
burden upon the streets and highways in the area. The proposed outdoor dining area will
serve as a complement to the existing uses on the subject not as a separate primary use
that will generate new traffic to the subject site. Traffic and vehicular activity to the site is not
expected to increase due to the new outdoor dining area. The center is expected to operate
in a similar fashion, and will continue to be regulated by the existing conditions of approval
that have allowed it to operate without causing a burden to the area. Lakewood Boulevard
is a major arterial that was determined to be able to manage the activity generated by the
center prior to its original development. The existing transportation infrastructure and
surplus on-site parking are adequate to support the type and quantity of traffic generated.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, all findings required for approval can be
made in a positive manner. As such, it is recommended that the Planning Commission approve
PLN-21-00177, thereby approving a permanent 1,420 square foot outdoor dining are within a
commercial plaza.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
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April 6, 2022 – Page 6
Location
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 – Page 7
Aerial Photograph
Zoning Map
Subject
Site
Subject
Site
RESOLUTION NO. 22-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-21-00177 TO
ALLOW A 1,420 SQUARE FOOT OUTDOOR DINING AREA AT A
COMMERCIAL PLAZA KNOWN AS THE COMMONS AT GALLATIN
ROAD AND INCORPORATING ALL CONDITIONS OF PLN-14-00239
THEREBY RECINDING RESOLUTION NO. 15-2922
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 May 20, 2015, the Planning Commission held a duly noticed public hearing, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted Resolution No. 15-2922, adopting a mitigated negative
declaration and approving a site plan review and conditional use permit allowing The
Commons at Gallatin Road project, a 18,144 square foot commercial development; and
B. Resolution No. 15-2922 is hereby incorporated and is now null and void.
C. On December 15, 2021, the applicant submitted a request for the Conditional Use
Permit to allow the 1,420 expansion of existing outdoor dining plaza. Due to missing
information on the project plans, staff deemed the application incomplete; and,
D. The application was deemed incomplete due to missing information on January 12,
2022. The applicant resubmitted additional information and the application was deemed
complete for further processing on March 2, 2022; and
E. On March 24, 2022, notice of the pending application published in the Downey Patriot
and mailed to all property owners within 500' of the subject site; and,
F. The Planning Commission held a duly noticed public hearing on April 6, 2022, 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 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 No. 15301
(Class 1– Existing Facilities). Categorical Exemptions are projects, which have been determined
not to have a significant effect on the environment and have been exempted from the
requirements of CEQA. Class 1 consists of projects that involve a negligible expansion of the
existing use.
SECTION 3. 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:
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 2
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 subject site is developed
with a commercial center that consists of a coffee shop and restaurants with outdoor
dining areas. The commercial was previously found to be, and remains, consistent with
the General Plan in that it provides goods and services to the neighborhood and
surrounding community. The proposed secondary dining area will provide the community
with an additional amenity to utilize the services provided by the center. The new
outdoor dining area is located approximately 210 feet away from residentially developed
properties at the east side of the site. The new outdoor dining area is separated from the
nearest residential uses by three drive aisles and rows of parking so it is not expected to
cause a nuisance to nearby businesses or residences. The project aims to diversify the
services available to residents and patrons of city businesses. The following General
Plan policy is promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire
goods and services
The Conditional Use Permit promotes the above policy by diversifying the amenities and
environment provided by the adjacent businesses. This will not only continue to provide,
but also expand, the type and amount of goods and services available to its patrons and
general public. The commercial center will continue to operate under existing conditions
of approval issued upon its original development which have allowed it to operate
without causing impacts to the surrounding area.
B. The requested use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The proposed outdoor
dining area is intended to complement the existing uses on the subject site as a
supplementary/ancillary component. The project will match the existing features of the
existing outdoor dining area and will provide additional landscaping to complement the
new amenity. The subject site has operated as commercial center without causing
adverse impacts to the surrounding area. The proposed project will add an additional
amenity to complement the existing on the subject site without intensifying the original
operations of the center. The subject site will continue to operate with a surplus of
parking stalls that exceeds the City’s minimum standards. As such, the request is not
anticipated to adversely affect the adjacent commercial businesses, nor hinder the
area’s potential for future growth and development.
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 has operated as a commercial center and the request for an additional
outdoor dining area does not include a proposal to alter any of the existing buildings’
floorplans or square footage. The proposed new outdoor dining area is intended to
complement the uses already operating on the subject site, not serve as a new primary
use that would generate additional impacts. The center, and the new dining area, will
continue to operate under the existing conditions of approval that regulate the center to
ensure that the subject site does not cause a detriment to the area. The proposed dining
area will not restrict future permitted uses from occupying the site or require an existing
use to alter their operations. The site will continue to operate with an abundance of
parking and will continue to be self-sustaining without impacting the surrounding area.
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 3
D. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The subject site has operated as a commercial center
with a coffee shop and three restaurants. Additionally, the location of the proposed new
permanent outdoor dining area was occupied by a temporary dining area deck since July
2020 without causing an undue burden upon the streets and highways in the area. The
proposed outdoor dining area will serve as a complement to the existing uses on the
subject not as a separate primary use that will generate new traffic to the subject site.
Traffic and vehicular activity to the site is not expected to increase due to the new outdoor
dining area. The center is expected to operate in a similar fashion, and will continue to be
regulated by the existing conditions of approval that have allowed it to operate without
causing a burden to the area. Lakewood Boulevard is a major arterial that was determined
to be able to manage the activity generated by the center prior to its original development.
The existing transportation infrastructure and surplus on-site parking are adequate to
support the type and quantity of traffic generated.
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 the Conditional
Use Permit, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions,
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.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April, 2022.
Patrick Owens, 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 6th day of April,
2022, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 4
PLN-21-00177
CONDITIONAL USE PERMIT
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit PLN-21-00177 allows for a secondary
permanent outdoor dining area of 1,420 square feet at the Commons at Gallatin Road.
2) The Planning Commission reserves the right to revoke or modify this CUP if harm or
operational problems such as criminal or anti-social behavior occur. Examples of harmful
or operation behaviors include, but not limited to, violence, public drunkenness,
vandalism, solicitation and/or litter.
3) Alcoholic beverages are prohibited within the secondary outdoor dining area permitted
under PLN 21-00177. Alcoholic beverages are restricted to the enclosed dining areas
adjacent to the tenant spaces that hold a California Department of Alcoholic Beverage
Control (ABC) license only; alcoholic beverages are not permitted within common,
unenclosed areas subject to ABC licensing restrictions.
4) The businesses shall comply with the City of Downey’s noise ordinance, but in any case,
no greater than 65 dBA as measured at the property line. Upon receiving complaints
regarding noise levels, the Director of Community Development may order the
preparation of a noise study. The City will hire a consultant to prepare a noise study, and
said noise study shall be paid by the business owner. All mitigation measures identified
in the noise study shall be implemented and become part of this Conditional Use Permit
and shall have the force of conditions of approval.
5) The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
6) The owner/applicant shall not permit any loitering on the subject site.
7) The approval of this Mitigated Negative Declaration, Site Plan Review, and Conditional
Use Permit (PLN-14-00239) allows for the construction of the Commons at Gallatin
Road project. Specifically, the approval includes a 12,144 square foot commercial
building near the center of the site and a 6,000 square foot commercial building near the
northwest corner of the site. This approval also allows a drive-thru lane and 4,000 s.f.
plaza (outdoor dining area) to serve the 6,000 square foot building.
8) Approval of this Mitigated Negative Declaration, Site Plan Review, and Conditional Use
Permit (PLN-14-00239) 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.
9) 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
Resolution No. 22-
Downey Planning Commission
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April 6, 2022 - Page 5
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.
10) 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.
11) All exterior lights 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.
12) 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
discretion, the City Planner may refer changes to the facades and/or colors to the
Planning Commission for consideration.
13) All roof mounted equipment shall be screened from view as seen from adjoining
properties and the public right-of-way.
14) Prior to the issuance of any permits for signs on the property, the applicant shall obtain
approval of a Planned Sign Program.
15) 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.
16) Any graffiti applied to the site shall be removed within 48 hours.
17) The development standards for the site shall be as follows:
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 6
18) 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.
19) 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. Irrigation of the landscape
areas shall be with recycled water only.
20) All above grade back-flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right-of-way.
21) The outdoor dining areas shall be limited to the east side of the 6,000 s.f. building, as
noted in the approved set of plans. There shall be at least one trash can provided per
tenant that utilizes the outdoor dining area.
22) Any bollards on the site shall be decorative in nature and shall be approved by the City
Planner.
23) Prior to the final of building permits, the applicant shall provide stamped, colored
concrete or pavers across the driveways. The stamped, colored concrete or pavers
shall be as approved by the City Planner.
24) Bicycle racks shall be provided on-site.
25) The order menu/speaker shall be on the north side of the building (facing Gallatin Rd).
There shall be no canopy or cover over the menu/speaker.
26) The applicant shall comply with all mitigation measures, as established by the Mitigated
Negative Declaration, shall be complied with at all times. This shall include:
Standard Requirement Site ‘Building A’ ‘Building B’
Lot
Area 10,000 s.f. ± 150,400 s.f. - -
Width 100’ ± 160’ - -
Depth 100’ ± 489’ - -
FAR 1.4 0.12 - -
Lot Coverage 50% 12% - -
Height 45’ - 27’-6” 24’
Setbacks
Front (Gallatin) 15’ - 229’ 24’-6”
Street Side (Lakewood) 15’ - 133’ 28’-3”
Rear (south) 46’ - 61’-7” 348’
Side (east) 46’ - 72’ 236’
Building Separation 20’ 142’ - -
Parking (includes parking for plaza) 221 242 - -
Drive-thru Queue 8 vehicles - - 11 vehicles
Landscaping 15,040 s.f. 22,108 s.f. - -
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 7
a) Construction 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 activity on
Sundays.
b) Trucks making deliveries shall turn off all engines and not be allowed to idle on
the site. A sign shall be posted in the loading area requiring all trucks to turn off
engines.
c) Signs shall be posted in the parking lot to remind patrons to be courteous to
neighbors and keep noise down.
d) All landscape areas on site shall be irrigated with recycled water.
e) The applicant shall comply with all mitigation measures contained in the City of
Downey General Plan (Vision 2025) regarding air quality impacts, which includes:
i) Future development projects shall adhere to the requirements of
SCAQMD Rule 1403 (Asbestos Emissions for Demolition / Renovation
Activities) for projects where demolition is anticipated.
ii) Water all active construction areas at least twice daily.
iii) Cover all haul trucks or maintain at least two feet of freeboard.
iv) Pave or apply water four times daily to all unpaved parking or staging
areas.
v) Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
vi) Cover or water twice daily any on-site stockpiles of debris, dirt or other
dusty material.
vii) Suspend all operations on any unpaved surface if winds exceed 25 mph.
viii) Hydroseed or otherwise stabilize any cleared area which is to remain
inactive for more than 96 hours after clearing is completed.
ix) Require 90-day low-NOX tune-ups for off-road equipment.
x) Limit allowable idling to 10 minutes for trucks and heavy equipment.
xi) Limit individual construction sites to less than 10 acres for extended,
continuous construction.
xii) Encourage carpooling for construction workers.
xiii) Wet down or cover dirt hauled off-site.
xiv) Encourage receipt of materials during non-peak traffic hours.
f) During construction, the applicant shall comply with all BMP’s contained in
SCAQMD's Rule 403 for fugitive dust control.
27) A metal awning shall be provided above the drive-thru pick-up window.
28) A stop sign and limit line shall be provided at the exit of the drive-thru lane.
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 8
BUILDING
29) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey, and Title 24 of the California Energy Code.
30) 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 beginning operation of the site.
31) All construction shall comply with the most recent adopted City and State building codes:
2019 California Building Code
2019 California Residential Code
2019 California electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Fire Code
2019 California Green Code
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)
Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
32) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
33) 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.
34) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions’ Code.
Public and private site improvements shall be designed in accordance with the
Americans with Disabilities Act and Chapter 11 of the California Building Code.
35) 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.
FIRE DEPARTMENT
36) Designation of NO PARKING (e.g. red curb) in parking lot at proposed outdoor dining
area shall be provided. Fire lane designation and stripping shall adhere to sign
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 9
requirements set forth in Fire Code and Downey Municipal Code [CA Fire Code D103.6;
DMC 3327].
37) Project construction shall comply with requirements set forth in the CA Building and Fire
Codes for egress from proposed dining area.
38) Plans to be submitted through Building and Safety and shall comply with the most recent
version or the California Fire Code, as adopted by the City of Downey; current Downey
Municipal Code Ordinances and any other pertinent requirements to be determined at
time of plan submission and review.
39) A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a ‘Deferred Submittal” in which
additional requirements to meet the code may be added.
40) All fire lanes shall be clearly identified including the use of red curbs and signs. All fire
access shall require turn around area for fire apparatus, as approved by the Fire Chief.
PUBLIC WORKS
41) Owner/applicant shall comply with the Low Impact Development requirements for small
scale LID Category. The owner/applicant shall
incorporate one of the two options (Vegetated Bio swale or Cultec System) in the site
plan with detail.
a. Include the following statement into your plan:
“As the designer/architect of the project, I have designed the LID System
in accordance with the design criteria of the City of Downey’s LID
Technical Guidance Manual for Small Site Developments.”
42) Prior to the issuance of building permits, the owner shall record an irrevocable offer to
dedicate eight (8’) feet for right of way purposes along the entire Lakewood Blvd
frontage and a corner cut-off right-of-way at the intersection of Lakewood and Gallatin.
Prior to recording, the Director of Public Works shall review and approve the irrevocable
offer to dedicate.
43) Prior to building permit final, the owner/applicant shall install three city standard
streetlights with LED street light fixtures along Gallatin Road frontage to match the other
Gallatin Rd street light improvements.
44) 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.
45) All new onsite utilities shall be installed underground.
46) The facility design must provide for recycling facilities, i.e., storage and handling areas
for recycling facilities.
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 10
47) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water
service line, meter, and meter box for each tenant space. Should the owner/applicant
need to install additional water meters, they shall be connected to the water main on
Gallatin Rd.
48) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
49) The owner/applicant shall 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) for approval by the Engineering Division and Building
and Safety Division. All 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 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; 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.
50) The owner/applicant shall install pavement, which consists of a minimum section of 4”
thick aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement.
51) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
owner/applicant shall provide a design that conveys all onsite drainage over a vegetative
swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain.
52) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
53) The owner/applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
54) The owner/applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
55) The owner/applicant shall furnish and install fire hydrant(s) and dedicated fire protection
lateral(s) including backflow devices, fire department connections and other
appurtenances as required by the Department of Public Works and the Downey Fire
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
April 6, 2022 - Page 11
Department. Such improvements may include removal and/or replacement of existing
fire hydrants, laterals, backflow devices, and associated facilities with new facilities to
current Downey standards and materials. Backflow devices, fire department
connections, and associated appurtenances are to be located on private property and
shall be readily accessible for emergency and inspection purposes. Backflow devices
shall be screened from street view by providing sufficient landscaping to hide it.
56) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
57) The owner/applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the
Department of Public Works.
58) The owner/applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County (CSDLAC).
59) The owner/applicant shall furnish and install the public sanitary sewer improvements,
including extension and/or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
60) The owner/applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
61) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD – latest edition) files in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California. Final approval of new utilities shall be
dependent upon submittal and approval of record drawing mylars and scanned,
uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City’s
GIS Requirements.
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