HomeMy WebLinkAbout4. PLN-22-00044 - 10014 Paramount BlvdCityofDowney STAFF REPORT
PLANNING DIVISION
DATE: MAY 18, 2022
: PLANNING COMMISSION
SUBMITTED/
REVIEWED: CRYSTAL LANDAVAZO, INTERIM DI CT R OF COMMUNITY
DEVELOPMENT
PREPARED BY: ALFONSO HERNANDEZ, SENIOR PLANNER
SUBJECT: PLN-22-00044 (SITE I ,
CHANGE)ZONE ® A REQUEST TO REMODEL THE EXTERIOR
EXISTING KING), APPROVAL
EXISTINGOF AN ! , AND APPROVE A ZONE CHANGE
FROM ® I _ COMMERCIAL).
LOCATION:10014 A_ U T BLVD
ZONING:-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
This application includes three separate entitlement requests: Site Plan Review, Conditional
Use Permit, and Zone Change. A Site Plan Review (S ) is required to allow for the exterior
modification of an existing commercial building. The project is also subject to a Conditional Use
Permit (CUP) because the drive-thru was previously approved without a CUP, and is therefore
legally non -conforming. Lastly, a Zone Change ( C) is requested to remove the zoning
designation of P- (ParkinBuffer) from the property so the entire lot has one zoning
designation of C- (General Commercial).
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
® A RESOLUTIONI ICITY OF
CONDITIONALDOWNEY APPROVING A SITE PLAN REVIEW AND
PERMITIEXTERIOR
MODIFICATIONI I
CONFORMITYI IDRIVE-THRU LOCATED AT 10014
RESOLUTIONPARAMOUNT BOULEVARD.
I
RECOMMENDINGITY COUNCIL APPROVE A ZONING
AMENDMENT ® ), THEREBY CHANGINGZONING
DESIGNATION HE EAST PORTION OF THE PROPERTY FROM 1 -
(PARKINGID COMMERCIAL) 10014
PC Agenda Page 1
BACKGROUND
The site is currently developed with a 2,517 square foot Burger King restaurant building. The
existing use on the property is full service restaurant with a drive thru. Burger King has been
operating within the City of Downey since 1984. This is also the same year that the building was
constructed. No other major renovations have occurred since that time.
Existing Front Elevation
Overall, the site is 18,896 square feet in size with one street frontage. The property is located on
the east side of Paramount Boulevard north of the Florence Avenue and Paramount Boulevard
intersection. The subject site is located within the city's C-2 zone, and has a General Plan land
use designation of General Commercial. Directly to the rear, abutting the subject property, are
three M-2 zoned properties all occupied with industrial uses. Adjacent to the north, south, and
west are C-2 zoned properties developed with commercial uses.
On April 11, 2022 the applicant filed a request for a SPR, CUP, and Zone Change. On May 2
2022, the application was deemed complete. On May 5, 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.
DIR1911IRM16P
Site Plan Review
The SPR evaluates the proposed changes to the building's exterior. The proposed project
features a Modern architectural design. The building fagade will include varying architectural
features as well as contrasting colors and materials. The existing building is located closer to
the street line so the proposed fagade updates are expected to enhance the commercial
aesthetic along Paramount Boulevard. The reduced setback is common among the surrounding
properties. The materials for the new fagade will be a wood plank cement board siding along the
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 2
PC Agenda Page 2
tower features of the building. The tower features include the drive thru pick-up window, the side
entrance and a primary storefront window located at the front elevation. A brick wainscoting is
incorporated throughout the building. There will also be a band located at the top of the building
as a crown mold feature for the majority of the building and will be painted red. Red tiles can
also be found on the front elevation surrounding one of the large window storefronts. The rest of
the building material will be made of stucco in a beige color, called out on the set of plans as
"Tanner Taupe."
Conceptual Depiction
Conditional Use Permit
Per the Downey Municipal Code, a CUP is required for the operation of a drive thru. As
previously stated, the site currently operates with an active drive thru. However, the restaurant
and drive thru were developed in 1984. A CUP was not required at the time, thus making the
site legally nonconforming per the City's current zoning regulations. Conditions of approval will
be applied to this site to ensure the operations are consistent with that of recently approved
drive thrus. However, due to the existing nature of the development, the site will not be fully
conforming to current zoning standards because the site is not being developed, it is only
undergoing fagade updates. Elements, such as setbacks and queue stacking, will remain the
same and considered nonconforming. Although nonconformities may remain, these attributes
are not expected to contribute negative impacts. The characteristics already exist on site and
will not be increased. The proposed resolution includes a conditions that requires the drive thru
layout and queuing to comply with current code standards at any time that fifty percent (50%) or
more of the site is reconfigured.
The drive thru is 100 feet long as measured from the drive thru entrance to the pick-up window,
and can accommodate five vehicles within the same distance. The drive thru is independent of
on -site parking or drive aisles. In the case of overflow stacking, the site circulation is designed to
capture all vehicles on site without disturbing street traffic. As a condition of approval, the site
will be required to update striping in an effort to effectively differentiate drive aisles, parking
spaces, arrows, and drive thru entrance. Additionally, a condition has been incorporated to
update existing landscape areas to meet current landscaping standards.
Zone Chanae
The site currently consists of two zoning designations, C-2 and P-B. The P-B zoning is located
along the eastern portion of the property 46 feet from the rea property line and throughout the
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 3
PC Agenda Page 3
entire width of the parcel. The zone change is requested to eliminate the P-B zone and
designate the entire lot as a C-2 zone. The C-2 designation is consistent with the adjacent lots
along Paramount Boulevard. The proposed zoning is also consistent with the General Plan land
use designation (General Commercial) for the site.
The P-B zone is identified as obsolete within the City's Zoning Code and holds no applicable
provisions upon the subject property. Standards previously applicable to the P-B zone were
eliminated as part of a previous comprehensive update to the Zoning Ordinance, on October 14,
2008. Although the zone was eliminated from the code, modifications were not made to the
zoning map and the map still contains the P-B zones. This application is an effort to amend the
City's Zoning Map to achieve consistency with the Downey Municipal Code and General Plan.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) discussed and evaluated the project as it pertains
to Planning, Police, Fire, Public Works, and Building and Safety matters. No departments
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
Staff has reviewed the proposed Conditional Use Permit for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that
this request is categorically exempt from CEQA, pursuant to Guideline Section No. 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 exemptions consist of projects that involve no/negligible
expansion of the existing use.
FINDINGS
Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted
prior to approving the Site Plan Review. The findings are as follows:
A. The site plan is consistent with the goals and polices 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 proposed development:
Policy 8.1.1— Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site initially
built in 1984, and is compatible with surrounding properties although it will be newer than
most developments within its proximity. The redevelopment of this site can serve as an
example of higher quality architecture for future developments within the city.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial corridors.
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 4
PC Agenda Page 4
The site has remained relatively the same since 1984, and is surrounded by properties
developed within the same time period. The quality of design and landscaping not only
upgrade the subject property but the surrounding area as well.
B. The proposed development is in accordance with the purposes and objectives of
this article and the zone in which the site is located;
The purpose of the C-2 (General Commercial) zone, as stated in the Downey Municipal
Code, "is intended to provide for and encourage the orderly development of general
commercial uses, with a wide 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 application is in full conformance with the objectives stated above. The
existing restaurant has provided goods to the community since 1984 and the proposed
upgrades will allow for the continued functionality of the use. Furthermore, the restaurant
use is appropriate for the General Commercial zone and is consistent with the uses
found along Paramount Boulevard.
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 design of the project will integrate harmoniously with the surrounding area
by providing aesthetically pleasing architecture and landscaping. The proposed exterior
modifications will serve as a significant upgrade from the existing facility on the site and
nearby lots. In addition, the streetscape will be enhanced as well as the transition from
the street onto the site through the proposed landscaping conditioned for the project.
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 layout has one entry, but additional points of egress due to shared access with
abutting parcels. The main entry is off of Paramount Boulevard, and the potential points
of egress lead to Paramount Boulevard, Florence Avenue, and Orizaba Avenue. Users
of the drive-thru have an exclusive lane that can only exit Northbound on Paramount
Boulevard. Parking is concentrated towards the rear of the property, while the drive-thru
aisle abuts the north property line. There is pedestrian access onto the site via a
walkway along Paramount Boulevard. The queuing, although noncompliant, has been
observed to accommodate the current demands generated by the Burger King
restaurant. Although it is not anticipated, a condition has been included to require the
queue be contained on -site. A condition has also been included to update the
landscaping on site. The future landscaping surrounding the property is intended to
heavily compliment the aesthetics of the site. The project provides ADA compliant
parking and pedestrian access onto the site. Lastly, the lighting on site will remain the
same as has been observed to be well illuminated while simultaneously not causing any
nuisance to the neighboring properties or public right-of-way. Therefore, it is determined
that proper consideration has been given to the functional aspects and visual effects of
the development.
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
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PC Agenda Page 5
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 contemporary style architecture and keeps with a scale
consistent of commercial developments. It is staff's opinion that the proposed
architectural style is neither dissimilar nor monotonous from other buildings in the area
and this project will upgrade the overall appearance of the site and, in turn, improve the
community appearance.
F. The site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare;
The proposed architecture is a significant upgrade to the existing facilities on site, and is
compatible with surrounding properties although it will be newer than most
developments within its proximity. In addition, the redevelopment of this site has the
potential to serve as an example of higher quality architecture for future industrial
developments within the City of Downey. Lastly, the operational procedures of the
proposed development are also conditioned in an effort to ensure that any potential
effects in public health, safety, comfort and general welfare are mitigated as much as
possible.
G. The proposed development's site plan and its design features will include graffiti -
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code;
The project has been conditioned to meet the requirements specified in Section 4960 of
the Downey Municipal Code. Section 4960 discusses the installation of anti -graffiti
materials and the appropriate allotted time limit for the removal of graffiti.
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to approving the Conditional Use Permit. The findings are as follows:
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 project's objective to revitalize the site helps achieve various long-term goals.
Specifically, the following policies are promoted by the proposed development:
Policy 8.1.1— Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site initially
built in 1984, and is compatible with surrounding properties although it will be newer than
most developments within its proximity. The redevelopment of this site can serve as an
example of higher quality architecture for future developments within the city.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial corridors.
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 6
PC Agenda Page 6
The site has remained relatively the same since 1984, and is surrounded by properties
developed within the same time period. The quality of design and landscaping not only
upgrade the subject property but the surrounding area as well.
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 use is common and appropriate within commercial areas and in urbanized areas
occasionally found within proximity to residential zones. In addition, the use is existing
and currently functions appropriately on the subject site. Historical records for calls of
service reflect that the drive thru has provided no issues throughout the years. Allowing
the existing drive thru to remain as is should not increase impacts to extent greater than
what is already produced from the site. Lastly, the proposed conditions of approval are
intended to mitigate any potential impacts.
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 proposal does not include a scope of work for additional changes to the drive thru.
Changes are also not proposed for the interior of the building or to the building's square
footage. The proposed use will not restrict future permitted uses from occupying the site
or an existing use located within the nearby area from altering their operations.
Therefore, the size and shape of the site proposed for the use is adequate to allow the
existing drive thru to remain functioning in a manner not detrimental to the particular
area.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area;
Due to the existing nature of the proposed use, it is not anticipated that the drive thru will
generate additional traffic. Drive thru restaurants are common uses among major corridors
and the existing infrastructure is built to accommodate this type of use. The site is
accessible via Paramount Boulevard. This street segment leads to similar nearby corridors
such as Florence Avenue. Both of these roadways are considered major arterial corridors.
Therefore, the existing transportation infrastructure that provides access to and from the
project site and the nearby area will remain adequate in supporting the type and quantity of
traffic generated by the existing use.
Pursuant to Municipal Code Section 9824.06, there are five (5) findings that must be adopted
prior to approving the Zone Change. The findings are as follows:
A. The zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this chapter
and is in the interests or furtherance of the public health, safety, and general
welfare.
The City Council adopted a comprehensive update to the Zoning Ordinance, on October
14, 2008, which eliminated the P-B (Parking Buffer) zoning category. The change of
zone from P-B to C-2 (General Commercial) will make the zoning of the site not only
consistent with the current Zoning Code but also with the General Plan, as the General
Plan Land Use designation of the site is General Commercial. Furthermore, the change
in zoning for this property does not grant the subject property any added liberties it did
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 7
PC Agenda Page 7
not previously already have. Therefore, with this action there is no opportunity to
negatively affect the public health, safety, or general welfare of the community.
B. The zone change will be compatible and complementary to existing conditions
and adjoining property in the surrounding area.
The site is currently comprised of two separate zones, C-2 and P-B. The intent of the
zone change is to remove the P-B and provide one consistent zoning designation of C-2
for the entire site. This is ultimately compatible with the existing and proposed use on the
subject property. It is also compatible with the surrounding area, as nearby properties
located to the north, south, and west are also zoned C-2 and developed with commercial
uses.
C. The site is adequate in size to accommodate the uses permitted in the zone
requested and that all applicable property development standards can be
complied with.
The 18,896 square foot site is substantially greater than the minimum required lot size of
10,000 square feet for the C-2 zone. The minimum lot size is established in part to
ensure sites can appropriately meet development standards and accommodate allowed
uses. Furthermore, this existing structure and drive-thru will not be expanded.
D. The site properly relates to streets and highways designed and fully improved to
carry the type and quantity of traffic that is expected to be generated in the area
and that utilities exist or are planned which will adequately serve the property as
rezoned.
The zone change does not alter the existing development potential of the site because
the C-2 zone already exists for the vast majority of the lot. The C-2 zone is also present
among adjacent properties. Therefore, the existing streets are already designed to
accommodate the traffic generated by commercial developments. The same is true of
existing utilities and other infrastructure.
E. The proposed zone change is in general conformance with the General Plan and
General Plan land use designation for the parcel.
The zone change will eliminate the current inconstancy between the zoning code and
the zoning map and General Plan. The entire property will now be zoned C-2 as it is
intended per the General Plan.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that all findings required
for approval can be made in a positive manner. As such, staff is recommending that the
Planning Commission approve the application.
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 8
PC Agenda Page 8
EXHIBITS
A. Maps
B. Draft Resolution Approving — Site Plan Review and Conditional Use Permit
C. Draft Resolution Recommending Approval to City Council — Zone Change
D. Conceptual Rendering
E. Project Plans
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 9
PC Agenda Page 9
Exhibit A
Location
Aerial Photograph
Site Plan Review, Conditional Use Permit, & Zone Change 'PLm-22-0OO44
Zoning
Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044
May 18, 2022 - Page 11
PC Agenda Page 11
RESOLUTION NO. 22-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DOWNEY APPROVING A SITE PLAN REVIEW AND
CONDITIONAL USE PERMIT (PLN-22-00044) THEREBY
ALLOWING THE EXTERIOR MODIFICATION OF AN EXISTING
FAST FOOD RESTAURANT AND CONFORMITY OF AN EXISTING
DRIVE-THRU LOCATED AT 10014 PARAMOUNT BOULEVARD.
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 Jacob Brummel (hereinafter referred to as "the
Applicant") on April 11, 2022, requesting approval of a Site Plan Review and
Conditional Use Permit (PLN-22-00044) at 10014 Paramount Boulevard, zoned C-
2; and,
B. On May 2, 2022, the applicant was issued a letter deeming the application
complete; and,
C. On May 5, 2022, a notice of the public hearing was sent to all property owners
within 500' of the subject site and the notice was published in Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on May 18, 2022, 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.
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 polices 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 proposed development:
Policy 8.1.1 — Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site
initially built in 1984, and is compatible with surrounding properties although it will
be newer than most developments within its proximity. The redevelopment of this
site can serve as an example of higher quality architecture for future developments
within the city.
Program 9.1.1.5 — Continue the revitalization of commercial and industrial corridors.
PC Agenda Page 12
Resolution No. 22-
Downey Planning Commission
The site has remained relatively the same since 1984, and is surrounded by
properties developed within the same time period. The quality of design and
landscaping not only upgrade the subject property but the surrounding area as well.
B. The proposed development is in accordance with the purposes and objectives of
this article and the zone in which the site is located. The purpose of the C-2
(General Commercial) zone, as stated in the Downey Municipal Code, "is intended
to provide for and encourage the orderly development of general commercial uses,
with a wide 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
application is in full conformance with the objectives stated above. The existing
restaurant has provided goods to the community since 1984 and the proposed
upgrades will allow for the continued functionality of the use. Furthermore, the
restaurant use is appropriate for the General Commercial zone and is consistent
with the uses found along Paramount Boulevard.
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 design of the project will integrate harmoniously
with the surrounding area by providing aesthetically pleasing architecture and
landscaping. The proposed exterior modifications will serve as a significant upgrade
from the existing facility on the site and nearby lots. In addition, the streetscape will
be enhanced as well as the transition from the street onto the site through the
proposed landscaping conditioned for the project.
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 layout has one entry, but additional points of egress
due to shared access with abutting parcels. The main entry is off of Paramount
Boulevard, and the potential points of egress lead to Paramount Boulevard,
Florence Avenue, and Orizaba Avenue. Users of the drive-thru have an exclusive
lane that can only exit Northbound on Paramount Boulevard. Parking is
concentrated towards the rear of the property, while the drive-thru aisle abuts the
north property line. There is pedestrian access onto the site via a walkway along
Paramount Boulevard. The queuing, although noncompliant, has been observed to
accommodate the current demands generated by the Burger King restaurant.
Although it is not anticipated, a condition has been included to require the queue be
contained on -site. A condition has also been included to update the landscaping on
site. The future landscaping surrounding the property is intended to heavily
compliment the aesthetics of the site. The project provides ADA compliant parking
and pedestrian access onto the site. Lastly, the lighting on site will remain the same
as has been observed to be well illuminated while simultaneously not causing any
nuisance to the neighboring properties or public right-of-way. Therefore, it is
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 2
PC Agenda Page 13
Resolution No. 22-
Downey Planning Commission
determined that proper consideration has been given to the functional aspects and
visual effects of the development.
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 contemporary style architecture and keeps
with a scale consistent of commercial developments. It is staff's opinion that the
proposed architectural style is neither dissimilar nor monotonous from other
buildings in the area and this project will upgrade the overall appearance of the site
and, in turn, improve the community appearance.
F. The site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying betterment
of conditions affecting the public health, safety, comfort, and welfare. The proposed
architecture is a significant upgrade to the existing facilities on site, and is
compatible with surrounding properties although it will be newer than most
developments within its proximity. In addition, the redevelopment of this site has the
potential to serve as an example of higher quality architecture for future industrial
developments within the City of Downey. Lastly, the operational procedures of the
proposed development are also conditioned in an effort to ensure that any potential
effects in public health, safety, comfort and general welfare are mitigated as much
as possible.
G. The proposed development's site plan and its design features will include graffiti -
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code. The project has been conditioned to
meet the requirements specified in Section 4960 of the Downey Municipal Code.
Section 4960 discusses the installation of anti -graffiti materials and the appropriate
allotted time limit for the removal of graffiti.
SECTION 4. Having considered all of the oral and written evidence presented to it at said public
hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines
and declares that:
A. The requested Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof. The
project's objective to revitalize the site helps achieve various long-term goals.
Specifically, the following policies are promoted by the proposed development:
Policy 8.1.1 — Promote architectural design of the highest quality.
Policy 8.2.2 — Promote the upgrading of properties.
The proposed architecture is a significant upgrade to the existing facilities on site
initially built in 1984, and is compatible with surrounding properties although it will
be newer than most developments within its proximity. The redevelopment of this
site can serve as an example of higher quality architecture for future developments
within the city.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 3
PC Agenda Page 14
Resolution No. 22-
Downey Planning Commission
Program 9.1.1.5 — Continue the revitalization of commercial and industrial corridors.
The site has remained relatively the same since 1984, and is surrounded by
properties developed within the same time period. The quality of design and
landscaping not only upgrade the subject property but the surrounding area as well.
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 use is
common and appropriate within commercial areas and in urbanized areas
occasionally found within proximity to residential zones. In addition, the use is
existing and currently functions appropriately on the subject site. Historical records
for calls of service reflect that the drive thru has provided no issues throughout the
years. Allowing the existing drive thru to remain as is should not increase impacts to
extent greater than what is already produced from the site. Lastly, the proposed
conditions of approval are intended to mitigate any potential impacts.
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 proposal does not include a scope of work for additional changes to the drive
thru. Changes are also not proposed for the interior of the building or to the
building's square footage. The proposed use will not restrict future permitted uses
from occupying the site or an existing use located within the nearby area from
altering their operations. Therefore, the size and shape of the site proposed for the
use is adequate to allow the existing drive thru to remain functioning in a manner
not detrimental to the particular area.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Due to the existing nature of the proposed use,
it is not anticipated that the drive thru will generate additional traffic. Drive thru
restaurants are common uses among major corridors and the existing infrastructure is
built to accommodate this type of use. The site is accessible via Paramount
Boulevard. This street segment leads to similar nearby corridors such as Florence
Avenue. Both of these roadways are considered major arterial corridors. Therefore,
the existing transportation infrastructure that provides access to and from the project
site and the nearby area will remain adequate in supporting the type and quantity of
traffic generated by the existing use.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the
Planning Commission of the City of Downey hereby approves this Site Plan Review and
Conditional Use Permit (PLN-22-00044), 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.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 4
PC Agenda Page 15
Resolution No. 22-
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of May, 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 18th day of May, 2022,
by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 5
PC Agenda Page 16
Resolution No. 22-
Downey Planning Commission
EXHIBIT A
CONDITIONS OF APPROVAL
SITE PLAN REVIEW & CONDITIONAL USE PERMIT (PLN-22-00044)
I:2A_1'1'110[r7
1) The approval of this Site Plan Review (PLN-22-00044) allows for the exterior modification
of an existing Burger King fast food restaurant as indicated in the plans stamped with the
date January 26, 2022.
2) The approval of the Conditional Use Permit (PLN-22-00044) bring the existing use of
restaurant with drive-thru into further conformity with the Downey Municipal Code.
3) This Site Plan Review and Conditional Use Permit (PLN-22-00044) 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) The entire site, including but not limited to setbacks, parking, and the drive thru dimensions,
shall be brought into compliance with current development standards when fifty percent
(50%) or more of the site and/or the building is reconfigured and/or demolished.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 6
PC Agenda Page 17
Resolution No. 22-
Downey Planning Commission
9) The parking lot shall be resurfaced, restriped and appropriately maintained.
10) In the event that spill over from the drive-thru does occur, all vehicle stacking must remain
on site. The use of signs, employee monitoring and safety cones shall be used to ensure all
drive-thru vehicles remain on site. Queuing of vehicles within the public right-of-way is
strictly prohibited.
11) Prior to the installation of any exterior signs, the property owner must obtain approval of a
separate sign permit. All signs shall comply with Chapter 6 of the Downey Municipal Code.
12) Advertisements, except for signs allowed within the Downey Municipal Code, such as
product poster are prohibited.
13) 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.
14) Lighting in all parking areas shall have illumination as required by the Downey Municipal
Code.
15) 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.
16) 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.
17) Graffiti resistant products must be used in the construction of the building. Any graffiti
applied to the site shall be removed within 48 hours.
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) All exterior mechanical, plumbing, fire and unfinished electrical equipment and materials
(including but not limited to wiring and pipes) must be screened from the public's view. All
screening materials must be approved by the City Planner.
20) Roof -mounted equipment shall be screened at all times by a material to be approved by the
City Planner.
21) Deliveries made to all businesses on site shall occur between the hours of 7:00 a.m. and
9:00 P.M.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 7
PC Agenda Page 18
Resolution No. 22-
Downey Planning Commission
22) The applicant must post signs in the parking areas to remind customers to be courteous to
the neighbors and keep noise to a minimum. The size, number, and wording of the signs
shall be approved by the City Planner prior to occupancy of the business.
23) Noise generated from the site, including the drive-thru speaker shall comply with Municipal
Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at
the property line. Volume on speaker to be lowered between the hours of 6:00 a.m. to 8:00
a.m. and 9:00 p.m, to 11:00 p.m.
24) The applicant must place delineating marks throughout the site to distinguish ingress and
egress onto the site.
25) A landscaping plan shall be submitted to the Planning Division prior to the issuance of
building permit. The site must comply with all current Downey Municipal Code regulation for
landscaping, be composed of drought tolerant plants, and requires final approval from the
City Planner prior to the issuance of Building Permits. This application does not grant final
approval of the landscape design. Final approvals will be granted through the Building
Permit process.
26) 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 final approved landscape
plan. All landscape shall be installed and permanently maintained.
27) Prior to the final of building permits, all installed landscaping shall be certified by a licensed
Landscape Architect. The licensed Landscape Architect shall be on -site during the delivery
of all trees to certify that all trees and plants are the right species and size.
28) An original notarized signed approval from the property owner shall be provided to the City
Planner prior to the issuance of a Building Permit.
29) The Applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the
approved set of building plans.
BUILDING
30) 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.
31) The Title Sheet of the plans shall include:
a)
Occupancy Group.
b)
Occupant Load.
c)
Description of use.
d)
Type of Construction.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 8
PC Agenda Page 19
Resolution No. 22-
Downey Planning Commission
e) Height of Building.
f) Floor area of building(s) and/or occupancy group(s).
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.
35) 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.
36) 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.
37) 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
38) Address must be highly visible.
FIRE
39) 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
§505.1 ]
40) Provide a locking key box (ie. Knox Box or similar) for use by fire department personnel
when entry is required outside of business hours.
41) Project construction shall comply with requirements set forth in the CA Building and Fire
Codes for egress, construction type and height, etc.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 9
PC Agenda Page 20
Resolution No. 22-
Downey Planning Commission
PUBLIC WORKS
42) If applicable the owner/applicant shall install all new utilities underground.
43) The owner/applicant shall be required to complete a construction & demolition (C&D) waste
management plan per Article V.Chapter 8Ofthe Downey Municipal Code.
44) The owner/applicant shall obtain permits from the Public Works Department for all
improvements within the public right of way at least two vve8kS prior to COnnmn8nC|nA vvOMh.
Contact Brian A|em@n.Assistant Civil Engineer |.8t(582)9U4-7110for information.
45) All proposed improvements in the public right-of-way 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 (/\DA).
40) The owner/applicant shall remove all Underground Service Alert (USA) temporary pavement
markings immediately following the COmp|8UOn of the wOrk/ Final permit inspection.
47\ The facility design must provide for refuse/recycle enclosure with roof cover (location, size).
Cover must be added to all existing enclosures. Grease interceptor with sewer and water
hook-ups.
48\ The owner/applicant shall provide that all construction graffiti created as part of this project
inthe public right Ofway tOberemoved.
49) Any utilities and/or above ground utility structures that are in conflict with the development shall
b8relocated Gtthe OVVDer/8pp|iC@Di'Sexpense. Owner/applicant shall coordinate the relocation
with the utility owner and proper Public Works permit will need to be pulled.
50) |fany hazardous material iSencountered OOthe site that has the potential LOreach the
ground water supply, the owner/applicant shall secure 8permit for the State Regional
Water Quality Control Board.
51) |fany hazardous material iSencountered ODthe site, the owner/applicant shall secure 8O|[]
number from the EPA.
52) The owner/applicant shall deploy Best Management Practices during and after
CODSt[UCdOD.
53\ Paint property address numbers (4" height) on the curb face in front of the proposed
development to the Cib/a satisfaction.
54\ The owner/applicant shall obtain all necessary plan approvals and permits.
PLm-22-non44-1oo14Paramount Blvd.
PC Agenda Page 21
RESOLUTION NO. 22-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING MAP
AMENDMENT (PLN-22-00044), THEREBY CHANGING THE ZONING
DESIGNATION OF THE EAST PORTION OF THE PROPERTY FROM P-B
(PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL) LOCATED AT 10014
PARAMOUNT BOULEVARD.
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 April 11, 2022, the applicant filed a request for a Conditional Use Permit, Site
Plan Review and Zone Change (PLN-22-00044) to modify the exterior of an
existing drive thru restaurant, conformity of an existing driveway and change the
zone from P-B (Parking Buffer) to C-2 (General Commercial); and,
B. On May 2, 2022, the applicant was issued a letter deeming the application
complete; and,
C. On May 5, 2022, a notice of the public hearing was sent to all property owners
within 500' of the subject site and the notice was published in Downey Patriot;
and,
D. The Planning Commission held a duly noticed public hearing on May 18, 2022,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines, and declares that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is exempt from CEQA, pursuant to Guideline Section 15061 (b)(3). This CEQA
section allows projects of a certain nature to be exempt when it is clear with certainty, using
"common sense," that there is no possibility of a resulting significant effect on the environment.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Zone Change, the Planning Commission further finds,
determines and declares that:
A. The zone change is necessary and desirable for the development of the
community in harmony with the objectives of the General Plan and this chapter
and is in the interests or furtherance of the public health, safety, and general
welfare. The City Council adopted a comprehensive update to the Zoning
Ordinance, on October 14, 2008, which eliminated the P-B (Parking Buffer)
zoning category. The change of zone from P-B to C-2 (General Commercial) will
make the zoning of the site not only consistent with the current Zoning Code but
also with the General Plan, as the General Plan Land Use designation of the site
is General Commercial. Furthermore, the change in zoning for this property does
not grant the subject property any added liberties it did not previously already
PC Agenda Page 22
Resolution No. 22-
Downey Planning Commission
have. Therefore, with this action there is no opportunity to negatively affect the
public health, safety, or general welfare of the community.
B. The zone change will be compatible and complementary to existing conditions
and adjoining property in the surrounding area. The site is currently comprised of
two separate zones, C-2 and P-B. The intent of the zone change is to remove the
P-B and provide one consistent zoning designation of C-2 for the entire site. This
is ultimately compatible with the existing and proposed use on the subject
property. It is also compatible with the surrounding area, as nearby properties
located to the north, south, and west are also zoned C-2 and developed with
commercial uses.
C. The site is adequate in size to accommodate the uses permitted in the zone
requested and complies with all applicable property development standards. The
18,896 square foot site is substantially greater than the minimum required lot size
of 10,000 square feet for the C-2 zone. The minimum lot size is established in
part to ensure sites can appropriately meet development standards and
accommodate allowed uses. Furthermore, this existing structure and drive-thru
will not be expanded.
D. The site properly relates to streets and highways designed and fully improved to
carry the type and quantity of traffic that is expected to be generated in the area
and that utilities exist or are planned which will adequately serve the property as
rezoned. The zone change does not alter the existing development potential of
the site because the C-2 zone already exists for the vast majority of the lot. The
C-2 zone is also present among adjacent properties. Therefore, the existing
streets are already designed to accommodate the traffic generated by
commercial developments. The same is true of existing utilities and other
infrastructure.
E. The proposed zone change is in general conformance with the General Plan and
General Plan land use designation for the parcel. The zone change will eliminate
the current inconstancy between the zoning code and the zoning map and
General Plan. The entire property will now be zoned C-2 as it is intended per the
General Plan.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution,
the Planning Commission of the City of Downey hereby recommends that the City Council
approve a zone change (PAN-22-00044) and update the Comprehensive Zoning Map to rezone
the subject property to C-2 (General Commercial), as outlined in Exhibit A of this resolution.
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 2
PC Agenda Page 23
Resolution No. 22-
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18 th day of May, 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 18 th day of May,
2022, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 3
PC Agenda Page 24
Resolution No. 22-
Downey Planning Commission
EXHIBIT A
Existing Zoning
Proposed Zoning
PLN-22-00044 — 10014 Paramount Blvd.
May 18, 2022 - Page 4
PC Agenda Page 25
REMODEL OF EXISTING BURGER KING RESTAURANT
rift
"RED NATURAL"
"ECT-1G"
"VINTAGE WOOD"
"EF-9G"
PAINT PGP "MONTEREY
CLIFFS "EPAG"
"EP-2G" "RED"
chin Brick
"EB-1G"
PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT
SITE DATA.
ZONING: -C-2
PARCEL AREA: 29,289 SQ FT.
OWNER: TITANIUM RESTAURANT GROUP
2551 W Woodland Drive
Anaheim CA 92801
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PC Agenda Page 27
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PC Agenda Page 29
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CALLOUT
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ECT-1G
CERAMIC TILE
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EP-2G
EXTERIOR PAINT
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SW 7633 LRV 36
TANNER TAUPE
EP-4G
EXTERIOR PAINT
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MONTEREY CLIFFS
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CEDAR
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CANOPY SUPPLIER
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MP-3G
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CANOPY SUPPLIER
CUSTOM METAL CANOPY
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LEGEND:
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PO BOX 1664
ANACORTES, WA 98221
(714) 856-1105
KATRINA RIDDLE
PROJECT MNGR
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LANCE BROWN, AIA
STAMP:
SUBMITTAL DATE
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SURVEY:
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PC Agenda Page 30