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1. PLN-22-00013
Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 2 ZONING DESIGNATION OF THE EAST 152-FEET OF THE LOT FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL) ADDRESSED AS 10000 PARAMOUNT BOULEVARD. BACKGROUND The subject site is a 19,190 square foot parcel located on the east side of Paramount Boulevard, north of Florence Avenue. The site is currently developed with a 1,742 square foot commercial building, previously used as a chapel. Properties in the vicinity of the subject site include a vacant site to the north, Bank of America to the south, residentially developed properties to the east, and commercially developed properties to the west, across Paramount Boulevard. On January 24, 2022 the applicant filed an application to convert the existing chapel building into a restaurant, with a covered outdoor eating area, and an ABC Type 47 license (On-Sale General, Eating Place). Subsequently, the applicant was issued an incomplete letter on February 23, 2022. After submitting all required documents on August 18, 2022, the application was deemed complete on August 19, 2022. On August 25, 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 Frontage DISCUSSION The site is presently improved with a 1,742 square foot building, trash enclosure, mechanical equipment room, and 34 parking spaces, which can be accessed by a two-way drive off Paramount Boulevard. The site has been vacant since approximately 2020. A Site Plan Review application is needed as the applicant is proposing to upgrade the existing commercial building with some façade improvements and new color palette, a new wood trellis patio cover, façade improvement to the building, additional landscaping along the front and rear setback. In addition, a Conditional Use Permit is required for the ABC Type 47 (On-Sale General – Eating Place) License and outdoor dining area. Lastly, a zone change is required to remove the outdated P-B (Parking Buffer) designation and replace it with a C-2 (General Commercial) zoning designation, which would result in a single zoning designation for the entire property. PC Agenda Page 2 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 3 Site Improvements The applicant proposes a façade remodel in the form of new paint, the removal of the existing front canopy and rock façade, to be replaced with brick veneer, glass-fiber reinforced concrete along the north side of the east façade, and a pressure treated wood trellis with 42-inch high, horizontal wood planter boxes. However, the code requires that outdoor eating dining areas must be enclosed with a solid decorative masonry wall or decorative ornamental wrought iron not less than forty-two inches in height. A condition of approval has been added that requires the outdoor seating be enclosed by a reinforced masonry wall, or a combination of block columns and decorative wrought iron, or be protected with decorative bollards, as is typical with other projects with outdoor seating. The mansard roof will be painted a tricorn black pearl, and the columns of the existing mansard roof will be painted with a positive red pearl finish. The proposed project includes a 19’ x 26’ trellis patio along the front of the building. Seating will be provided within the building, underneath the proposed patio cover, and along the north property line. The seating area will be buffered from Paramount Boulevard by a 15-foot wide landscaped setback. The front landscape area will include a combination of three 36-inch box trees and shrubs. The existing landscape planter along the rear property line will be expanded to 10-feet in width and include three 36-inch box trees and shrubs. Additional landscaping will be within the central portion of the parking area. As safety is of upmost importance, the landscape planter along the south property line will be removed and replaced with a curb in order to provide a compliant 25-foot driveway width, and also provide the required 25-foot back- out space. The proposed trellis patio cover conforms to the commercial development standards of the C-2 (General Commercial) zone. The interior of the restaurant will include an approximate 400 square foot seating area within the front portion of the restaurant, with the remaining 1,342 square feet dedicated to the kitchen, restrooms, and general back-of-house facilities. The indoor seating area will also be connected to the outdoor dining area via a counter top with seating for four, and open-air foldable windows. After the improvements to the parking lot, the proposed project will include parking for 31 vehicles. The proposed restaurant, including outdoor seating area requires a total of 29 parking spaces. The parking lot will also include new light standards throughout the parking area. A condition of approval has been added that requires all proposed lighting be shielded and designed to eliminate spillover onto adjoining properties. Restaurant Operations The proposed hours of operation for the restaurant are as follows: • Sunday – Wednesday, 10:00 am to 12:00 am • Thursday - Saturday, 10:00 am to 2:00 am. The request does not include live entertainment or dancing, which limits the potential for negative impacts sometimes associated with noise. However, a condition of approval has been added to the draft resolution stating that a noise study will be required at the applicant’s expense to address any outstanding noise issues, if such impacts occur. PC Agenda Page 3 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 4 Zone Change On October 14, 2008, the City Council adopted Ordinance No. 08-1236, a comprehensive update to the Zoning Ordinance. This update included the elimination of the P-B (Parking Buffer Zone) which was originally created to require separation between commercial/manufacturing uses and residential uses. The zone was eliminated because the goals of providing separation between commercial/manufacturing uses and residential uses were accomplished with setbacks and variable height requirements. Although the zoning category and its related standards were eliminated from the code, the zoning map still contains the P-B zones. The change of zone from P-B to C-2 for the east 152-feet of the subject site will be consistent with the 2008 Zoning Code update as it will eliminate the discontinued zone from the subject property resulting in a single zoning designation of C-2 for the entire lot. The change of zone to C-2 will also be in conformance with the General Plan land use designation of General Commercial. 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 significant concerns or opposition over the project and issued standard conditions. Recommended conditions of approval have been included in the attached Resolution. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use 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 consists of projects that involve a negligible expansion of the existing use. The proposed patio cover will cover a portion of the proposed outdoor seating, and the ABC Type 47 license for the sale of alcoholic beverages is an ancillary service of the restaurant use. The Zone Change is exempt pursuant to Guideline Section No. 15061 (b)(3) (Common Sense Exemption). Common sense exemption states there is no possibility that the proposed zone change will have a significant effect on the environment, therefore no further environmental review is required. FINDINGS 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 requested Conditional Use Permit for the sale of alcohol and outdoor seating area in conjunction with a restaurant will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is located within the C-2 (General Commercial) zone, which is intended to provide for and encourage the orderly development of 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 PC Agenda Page 4 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 5 be efficient, functionally related, and compatible with adjacent noncommercial development. The requested conditional use permit will allow an ABC Type 47 (On Sale General – Eating Place) license to serve as an ancillary use of the restaurant intended to complement and enhance goods offered. The request complies with the f ollowing General Plan Policies Goal 1.1 Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. - Police 1.1.4 – Provide an appropriate amount of land area for people to acquire goods and service. Goal 1.3 Address changes in land use and zoning trends - Policy 1.3.1.5 – Encourage land uses consistent with the area’s designation as properties recycle. The repurposing of the building to a restaurant, in conjunction with an outdoor dining area, and an ABC Type 47 (On-Sale, General Eating Place) will serve the needs of area, by providing an additional restaurant destination, while provided an outdoor eating area, and the added sales of alcohol will complement the use of the restaurant. 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 Type 47 (On-Sale General, Eating Place) license for the sale of alcohol is intended to complement the proposed use (full service restaurant). The proposed use is common within commercial areas and is viewed as a common practice among restaurants, and does not anticipate adverse impacts as a result of approval. Conditions have been incorporated that regulate the service of alcoholic beverages at the site, and within the outdoor seating area. Therefore, the request will not adversely affect the adjacent commercial businesses, nor will it 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 request for the proposed scope of work includes an outdoor patio cover for outdoor dining. The proposed outdoor seating area increases the amount of required parking to 29 spaces, and 31 parking spaces are provided. The ancillary sale of alcohol for on-site consumption does not warrant a need for additional accommodations to the site. The ancillary sales do not create alterations that would restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. In addition, the project is in full compliance with the Downey Municipal Code. Therefore, 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. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The occupancy for the site will increase due to the change in use from commercial to restaurant. While the expansion is anticipated to generate some additional traffic, it is not anticipated to significantly impact the existing roadway system. Restaurants are common PC Agenda Page 5 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 6 uses within the (C-2) General Commercial zone and the conversion of the existing building to a restaurant is not anticipated to generate significant additional traffic beyond what Paramount Boulevard was designed to accommodate. Site improvements to the site will result in the removal of non-conforming driveway widths and back-out space, resulting in safer on-site traffic flow. Paramount Boulevard is considered a major arterial, and is adequate in supporting the type and quantity of traffic generated by the proposed use Pursuant to Municipal Code Section 9820, there are seven (7) findings that must be adopted prior to approving a Site Plan review. The findings are as follows: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The proposed façade improvements, new trellis patio cover, landscape and parking lot improvements throughout the existing site are consistent with the policies and programs established in the General Plan for commercial zones, as stated below: Goal 1.3. Address changes in land use and zoning trends Policy 1.3.1.5 Encourage land uses consistent with the area’s designation as properties recycle. Goal 8.1. Promote quality design for new, expanded and remodeled construction Goal 8.2. Maintain and enhance the appearance of properties. The existing building will include an upgrade to the existing façade materials, including a new brick veneer and concrete finish along north portion of the front façade, as well as the north façade, a new wooded trellis patio cover with horizontal wood railing. The building will also include red column, and the mansard roof will be painted pearl black. The site will also include a new landscaping within the front and rear setbacks, which include a combination of trees and shrubs. The site provides two more parking spaces than are required, and parking lot improvements will provide code-compliant driveway widths and back-out spaces, creating safer on-site traffic flow. 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 project includes façade improvements, a new 525 square foot trellis patio cover, and a 1,157 square foot outdoor seating area. The subject site is located in the C-2 (General Commercial) zone, permits restaurants with outdoor seating, and ancillary alcohol sales subject to approval of a Conditional Use Permit. The proposed façade and site improvements, including the outdoor seating area will revive the site and ensure that the appearance and effects of the site’s improvements are harmonious with the character of the general area. The project directly complies or has been conditioned to comply, with all relevant provisions within Article IX. These provisions include, but are not limited to, review process, accessibility, fencing, and aesthetics. 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. PC Agenda Page 6 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 7 The project includes a new 15-foot landscaped setback along the entire frontage, and a required 10-foot wide landscape planter along the rear portion of the lot. Both planters will include a combination of trees, shrubs and groundcover. The project includes outdoor seating, with a 525 square foot trellis patio, with horizontal wood railing. The building will include a new paint scheme, and replace the existing rock veneer with a combination of concrete finish and brick veneer, red columns, and the existing mansard roof painted pearl black. As such, the proposal, as conditioned, will integrate harmoniously and enhance the character and design of the site and the immediate neighborhood. 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 plan and building location, parking area, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The existing building will include minor façade improvements, but will also include a 525 square foot trellis patio cover along the front portion of the building, replacing an existing canopy. The parking lot will be improved with code compliant back-out space for all parking spaces on site, as well as a required 10-foot wide landscape planter along the rear portion of the property. The project is conditioned to reduce any lighting impacts on any adjacent lots. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The overall design objective is to upgrade the current site design by replacing the current building’s color scheme, removing an outdated canopy, and increasing the amount of landscaping along the front and rear setbacks. The façade remodel will include a new color palette, new façade materials that include a concrete finish, as well as a brick veneer, a new 525 square foot wooden trellis patio cover that will provide a welcoming atmosphere. The proposed improvements do not mimic other facades that could lead to a monotonous design, but are intended to complement and upgrade the developments in the area. 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 site plan and design considerations will upgrade the property, as the building presently appears outdated, and lacks adequate landscaping required of commercial properties. The site is currently vacant, and a new tenant will provide new a new paint scheme, additional architectural features, new landscaping, and code compliant driveway widths within the existing parking area that will provide a betterment of conditions that could negatively affect the public health, safety, comfort, and welfare. PC Agenda Page 7 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 8 G. The proposed development’s site plan and its design features will include graffiti- resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Conditions have been included in the approval resolution that require graffiti resistant coating or similar features to prevent the creation of nuisances. This is a standard condition for all new developments and façade improvements. Pursuant to Municipal Code Section 9830.06, there are five (5) findings that must be adopted prior to recommending to the City Council approval of a Zone Change. The findings are as follows: A. That 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 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 as General Commercial. Eliminating the current zoning inconsistency is desirable and in harmony with the objectives of the General Plan and the Zoning Code. B. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning form P-B (Parking Buffer) to C-2 (General Commercial) will bring the entire property into consistency with the existing Zoning Code and the General Plan because the current Zoning Code no longer contains the P-B zoning district. By bringing the zoning into consistency with the Code and the General Plan, the proposed and any future uses would be compatible and complementary to existing conditions and adjoining property in the surrounding area. C. That 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 19,190 square foot site is substantially greater than the minimum required lot size of 10,000 square feet. The minimum lot size is established in part to ensure lots meet a minimum size in order ensure developments can comply with required standards. The site is already developed with a commercial building and parking lot. Improvements to the site will bring the property into conformance by providing a 15-foot landscaped front setback and a 10-foot rear, landscaped setback. In addition, the parking lot will conform to the required driveway widths and back-out spaces required of commercial parking lots. D. That 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 PC Agenda Page 8 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 9 and that utilities exist or are planned which will adequately serve the property as rezoned. The zone change does not alter the existing site which will continue to properly relate to the streets and highways designed and fully improved to carry the type and quantity of traffic expected to be generated. Paramount Boulevard is considered a major arterial, and is adequate in size to support the type and quantity of traffic generated by the proposed use. The site has and will continue to be served by existing utilities. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The zone change for the east 152-feet of the lot from PB (Parking Buffer) to C-2 (General Commercial will eliminate the current inconstancy between the zoning map and the Zone Code, and will bring the zoning of the property into conformance with the General Plan land use designation of General Commercial. 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, 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. EXHIBITS A. Maps B. Draft Resolution – CUP and SPR C. Draft Resolution – Zone Change D. Project Plans PC Agenda Page 9 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 10 EXHIBIT A LOCATION MAP AERIAL PHOTOGRAPH PC Agenda Page 10 Conditional Use Permit, Site Plan Review, Zone Change - PLN-22-00013 September 7, 2022 - Page 11 EXISTING ZONING MAP PROPOSED ZONING MAP PC Agenda Page 11 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT AND SITE PLAN REVIEW PLN-22-00013, ALLOWING FOR FAÇADE IMPROVEMENTS TO THE EXISTING BUILDING, ADDITION OF A 525 SQUARE FOOT TRELLIS PATIO COVER, 1,157 SQUARE FOOT OUTDOOR SEATING AREA AND AN ABC TYPE 47 LICENSE (ON-SALE GENERAL – EATING PLACE) AT 10000 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 January 24, 2022, the applicant Michelle LaBlanc filed an application requesting approval of a Conditional Use Permit, Site Plan Review and Zone Change to convert the existing chapel building into a restaurant, with a new trellis patio cover, outdoor eating area, and an ABC Type 47 license (On-Sale General, Eating Place), on property located at 10000 Paramount Boulevard; and, B.On February 23, 2022, the applicant was issued an incomplete letter requesting corrections to the proposed plans as well as additional information. On August 18, the applicant submitted all required revisions and information, and on August 19, 2022, the application was deemed complete; and, C.On August 25, 2022, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, D.On September 7, 2022, the Planning Commission held a duly noticed public hearing 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. 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. The proposed patio cover will cover a portion of the proposed outdoor seating, and the ABC Type 47 license for the sale of alcoholic beverages is an ancillary service of the restaurant use. T he Zone Change is exempt pursuant to Guideline Section No. 15061 (b)(3) (Common Sense Exemption). Common sense exemption states there is no possibility that the proposed zone change will have a significant effect on the environment, therefore no further environmental review is required. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: EXHIBIT - B PC Agenda Page 12 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 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 requested Conditional Use Permit for the sale of alcohol and outdoor seating area in conjunction with a restaurant will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is located within the C-2 (General Commercial) zone, which is intended to provide for and encourage the orderly development of 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 requested conditional use permit will allow an ABC Type 47 (On Sale General – Eating Place) license to serve as an ancillary use of the restaurant intended to complement and enhance goods offered. The request complies with the following General Plan Policies Goal 1.1 Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. - Police 1.1.4 – Provide an appropriate amount of land area for people to acquire goods and service. Goal 1.3 Address changes in land use and zoning trends - Policy 1.3.1.5 – Encourage land uses consistent with the area’s designation as properties recycle. The repurposing of the building to a restaurant, in conjunction with an outdoor dining area, and an ABC Type 47 (On-Sale, General Eating Place) will serve the needs of area, by providing an additional restaurant destination, while provided an outdoor eating area, and the added sales of alcohol will complement the use of the restaurant. 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 Type 47 (On-Sale General, Eating Place) license for the sale of alcohol is intended to complement the proposed use (full service restaurant). The proposed use is common within commercial areas and is viewed as a common practice among restaurants, and does not anticipate adverse impacts as a result of approval. Conditions have been incorporated that regulate the service of alcoholic beverages at the site, and within the outdoor seating area. Therefore, the request will not adversely affect the adjacent commercial businesses, nor will it 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 request for the proposed scope of work includes an outdoor patio cover for outdoor dining. The proposed outdoor seating area increases the amount of required parking to 29 spaces, and 31 parking spaces are provided. The ancillary sale of alcohol for on-site consumption does not warrant a need for additional accommodations to the site. The ancillary sales do not create alterations that would restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. In addition, the project is in full compliance with the Downey Municipal Code. Therefore, 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. D. The traffic generated by the proposed use will not impose an undue burden upon the PC Agenda Page 13 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 3 streets and highways in the area. The occupancy for the site will increase due to the change in use from commercial to restaurant. While the expansion is anticipated to generate some additional traffic, it is not anticipated to significantly impact the existing roadway system. Restaurants are common uses within the (C-2) General Commercial zone and the conversion of the existing building to a restaurant is not anticipated to generate significant additional traffic beyond what Paramount Boulevard was designed to accommodate. Site improvements to the site will result in the removal of non-conforming driveway widths and back-out space, resulting in safer on-site traffic flow. Paramount Boulevard is considered a major arterial, and is adequate in supporting the type and quantity of traffic generated by the proposed use SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The proposed façade improvements, new trellis patio cover, landscape and parking lot improvements throughout the existing site are consistent with the policies and programs established in the General Plan for commercial zones, as stated below: Goal 1.3. Address changes in land use and zoning trends Policy 1.3.1.5 Encourage land uses consistent with the area’s designation as properties recycle. Goal 8.1. Promote quality design for new, expanded and remodeled construction Goal 8.2. Maintain and enhance the appearance of properties. The existing building will include an upgrade to the existing façade materials, including a new brick veneer and concrete finish along north portion of the front façade, as well as the north façade, a new wooded trellis patio cover with horizontal wood railing. The building will also include red column, and the mansard roof will be painted pearl black. The site will also include a new landscaping within the front and rear setbacks, which include a combination of trees and shrubs. The site provides two more parking spaces than are required, and parking lot improvements will provide code-compliant driveway widths and back-out spaces, creating safer on-site traffic flow. 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 project includes façade improvements, a new 525 square foot trellis patio cover, and a 1,157 square foot outdoor seating area. The subject site is located in the C-2 (General Commercial) zone, permits restaurants with outdoor seating, and ancillary alcohol sales subject to approval of a Conditional Use Permit. The proposed façade and site improvements, including the outdoor seating area will revive the site and ensure that the appearance and effects of the site’s improvements are harmonious with the character of the general area. The project directly complies or has been conditioned to comply, with all relevant provisions within Article IX. These provisions include, but are not limited to, review process, accessibility, fencing, and aesthetics. 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 project includes a new 15-foot landscaped setback along the entire frontage, and a required 10- PC Agenda Page 14 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 4 foot wide landscape planter along the rear portion of the lot. Both planters will include a combination of trees, shrubs and groundcover. The project includes outdoor seating, with a 525 square foot trellis patio, with horizontal wood railing. The building will include a new paint scheme, and replace the existing rock veneer with a combination of concrete finish and brick veneer, red columns, and the existing mansard roof painted pearl black. As such, the proposal, as conditioned, will integrate harmoniously and enhance the character and design of the site and the immediate neighborhood. 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 plan and building location, parking area, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The existing building will include minor façade improvements, but will also include a 525 square foot trellis patio cover along the front portion of the building, replacing an existing canopy. The parking lot will be improved with code compliant back-out space for all parking spaces on site, as well as a required 10-foot wide landscape planter along the rear portion of the property. The project is conditioned to reduce any lighting impacts on any adjacent lots. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The overall design objective is to upgrade the current site design by replacing the current building’s color scheme, removing an outdated canopy, and increasing the amount of landscaping along the front and rear setbacks. The façade remodel will include a new color palette, new façade materials that include a concrete finish, as well as a brick veneer, a new 525 square foot wooden trellis patio cover that will provide a welcoming atmosphere. The proposed improvements do not mimic other facades that could lead to a monotonous design, but are intended to complement and upgrade the developments in the area. 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 site plan and design considerations will upgrade the property, as the building presently appears outdated, and lacks adequate landscaping required of commercial properties. The site is currently vacant, and a new tenant will provide new a new paint scheme, additional architectural features, new landscaping, and code compliant driveway widths within the existing parking area that will provide a betterment of conditions that could negatively affect the public health, safety, comfort, and welfare. G. he proposed development’s site plan and its design features will include graffiti-resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Conditions have been included in the approval resolution that require graffiti resistant coating or similar features to prevent the creation of nuisances. This is a standard condition for all new developments and façade improvements. PC Agenda Page 15 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 5 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 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 7th day of September, 2022. Chairperson, Patrick Owens 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 7th day of September, 2022, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ______________________________ Linda Thai Deputy City Clerk PC Agenda Page 16 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 6 CONDITIONS OF APPROVAL PLN-22-00013 (CONDITIONAL USE PERMIT AND SITE PLAN REVIEW) PLANNING 1. This approval of PLN-22-00013 (Conditional Use Permit and Site Plan Review) allows the Chicken Koop Restaurant to add a 525 square foot trellis patio cover, a 1,157 square foot outdoor seating area, a 15-foot wide front landscape setback, a 10-foot rear landscape setback, improvements to the parking lot, and an ABC Type 47 (On-Site, General – Eating Place) license. 2. The permitted hours of operation of the business are as follows: a. Sunday – Wednesday, 10:00 a.m. to 12:00 a.m. b. Thursday – Saturday, 10:00 a.m. to 2:00 a.m. 3. The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4. All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, or any violation of the Downey Municipal Code occurs. 5. 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. 6. All rules and regulations set forth by the California Department of Public Health and the Los Angeles County Department of Public Health shall be enforced and complied with. The applicant shall be subject to any and all applicable orders issued by these agencies to protect the public health such as the most recent orders for social distancing and operational restrictions related to the COVID-19 coronavirus pandemic. 7. The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. PC Agenda Page 17 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 7 8. Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 9. Approval of this Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County and City laws and regulations. Unless otherwise expressly specified, all other requirements of the Downtown Downey Specific Plan and the City of Downey Municipal Code shall apply. 10. The kitchen shall remain open to serve a full menu at all times the business is open. 11. The sale of alcohol shall be incidental to the sale of food. Gross sales of alcohol shall not exceed the gross sales of food. At the request of the Director of Community Development, the applicant shall provide evidence that the gross sales of food exceed 50% the gross sales of alcohol. 12. “Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing. 13. Any form of live entertainment and dancing is prohibited. 14. All Department of Alcoholic Beverage Control rules and regulations shall be enforced and complied with. The applicant shall submit to the City Planner a copy of the Department of Alcoholic Beverage Control license, including any and all conditions imposed, which will be kept on file in the Planning Division office. 15. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 16. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves of innocent victims as a result of the excessive consumption of alcoholic beverages. c. Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d. Methods for dealing with intoxicated customers and recognizing underage customers. 17. The following organization has been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: a. Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (916) 419- 2500. 18. The business 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 PC Agenda Page 18 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 8 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. 19. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 20. The subject property and surrounding area must be maintained free of trash, litter, and debris at all times. 21. The owner/applicant shall not permit any loitering on the subject site. 22. A copy of this Resolution shall be maintained on the premises at all times. A copy of the Conditions of Approval and any Police Permit shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City’s laws, ordinances, or regulations. 23. 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. 24. Any graffiti applied to the site shall be removed within 48 hours. 25. All signs shall comply with the requirements Section 9602 of the Downey Municipal Code and shall require separate permits. 26. Lighting shall be shielded and designed to eliminate spillover on the adjoining properties. 27. The owner/applicant shall not permit any loitering on the subject site. 28. Landscaping shall be automatically irrigated. 29. Sales of alcohol for off-site consumption are prohibited. 30. Signage shall be posted around the outdoor seating area that states “No alcohol beyond this point”. 31. All above ground utilities and mechanical equipment such as back-flow preventers must be screened from view of from the public right-of-way by use of decorative metal cut-out panels subject to approval by the City Planner. 32. Should a transformer be required, such transformer shall be concealed through the use of landscaping and/or decorative screen panels, and shall not be located within the front setback. 33. The proposed outdoor seating area shall be improved with a reinforced masonry wall, or a combination of reinforced columns and decorative wrought iron, or decorative, reinforced bollards. PC Agenda Page 19 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 9 POLICE 34. Signs shall be posted at all entrances to the premises and business identifying a zero- tolerance policy for nuisance behavior at the premises. 35. A copy of the resolution and any Police permits shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City’s laws, ordinance, or regulations. 36. Payment for beverage services shall be made only after such services have been provided to the patrons of the business. 37. The owner/applicant shall impose a dress code that shall not permit patrons to wear the following: gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn backwards. 38. The owner/applicant shall comply with and strictly adhere to all conditions of any permit issued by the Alcohol Beverage Control (ABC) to the applicant. BUILDING 39. 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 40. Special Inspections – As indicated by California Building Code Section 1704, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 41. 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) 42. School impact fees shall be paid prior to permit issuance. 43. Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. PC Agenda Page 20 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 10 44. All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 45. 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. 46. A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions’ Code. 47. 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. 48. Restaurants and commercial kitchens shall have a grease trap or interceptor sized as required by the City of Downey’s Public Works Department. FIRE 49. Submit a separate fire access plan providing detail on fire access roadway width and on- site turnaround dimensions, fire lanes identification, etc. Fire access plan to include detail on the distance of property to street, driveway approach width, location of street and yard hydrants, red curb/no parking at locations, etc. 50. 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] 51. Deferred automatic fire sprinkler plan submittal required if building valuation increases by greater than 50% as determined by the Building Official. Automatic fire sprinkler system design, installation, and testing shall be per NFPA 13D or 13R based on the building construction type, height, fire separation, etc. [CFC § 903.2; DMC 3317] 52. Provide a locking key box (i.e. Knox Box or similar) for use by fire department personnel when entry is required outside of business hours. 53. Project construction shall comply with requirements set forth in the CA Building and Residential Codes for egress, construction type and height, etc. PUBLIC WORKS 54. 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 PC Agenda Page 21 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 11 Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California. 55. The owner/applicant shall install all utilities underground. 56. 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. 57. Broken, uneven, or sub-standard sidewalk, driveway, pavement, curb and gutter along the property frontage shall be replaced to the satisfaction of the Department of Public Works. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to applying for a Public Works Excavation Permit. The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications. 58. Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction, City of Downey standards and the Americans with Disabilities Act (ADA). 59. The owner/applicant shall obtain permits from the Public Works Department for all improvements within the public right of way at least two weeks prior to commencing work. Contact Brian Aleman, Assistant Civil Engineer, at (562) 904-7110 for information. 60. The owner/applicant shall remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. 61. The owner/applicant shall submit public improvement plan(s) for review and approval by Public Works Department. 62. The facility must provide for recycling facilities, i.e., storage and handling areas for recycling facilities. Trash enclosure shall include roof cover, floor drain connection to grease interceptor and water hose bib connection for maintenance. 63. The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 64. Any utilities and/or above ground utility structures that are in conflict with the development shall be relocated at the owner/applicant's expense. Owner/applicant shall coordinate the relocation with the utility owner and proper Public Works permit will need to be pulled. 65. The owner/applicant shall furnish and install a (min. 1-inch) dedicated water service line, meter, and meter box for the landscaping irrigation system. 66. The owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. PC Agenda Page 22 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 12 67. The owner/applicant is responsible for coordinating with and payment to the City and County Sanitation District of Los Angeles County for all sanitary sewer connection and capacity charges. 68. The owner/applicant shall provide separate sewer improvement plan sets for review and approval from the City of Downey Engineering Division, if owner/applicant decides to connect to existing sewer main through a new connect instead of the existing sewer lateral. 69. The owner/applicant shall furnish and install 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 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. 70. The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire Department and Building and Safety standards 71. 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. 72. The owner/applicant shall retrofit existing fire hydrant(s) in accordance to latest Fire Department and Department of Public Works standards including but not limited to furnishing and installation of a new riser, fire hydrant head, and associated fittings. 73. 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. 74. 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. 75. Owner or tenant must establish accounts with the City Cashier prior to the City activating and the tenant using any fire and potable water service and meter. 76. The owner/applicant shall provide separate water improvement plan sets for review and approval from the City of Downey Utilities Division consisting of the following: • Potable Water Improvement Plans (all City-owned potable water and fire service lateral improvements). Final City approved potable water main improvement plans shall be submitted on mylars and shall be signed and stamped by a State of California licensed civil engineer. Improvement plans for potable main improvement shall be both plan and profile. PC Agenda Page 23 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 13 77. Upon completion of water improvements, owner/applicant shall submit red-lined construction plans to City noting all changes to the plan and profile of all water improvements installed. Such changes shall be incorporated into a final record drawing mylar which shall be signed and stamped by the original engineer and/or architect of record and submitted to the City along with digital files (AutoCAD – latest edition). 78. The Applicant shall comply with the National Pollutant Discharge Elimination System NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify and append Public Works standard “Attachment A” to all construction and grading plans as required by the LACoDPW Storm Water Quality Management Plan (SQMP). 79. If any hazardous material is encountered on the site that has the potential to reach the ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 80. If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA. 81. Paint property address numbers (4” height) on the curb face in front of the proposed development to the City’s satisfaction. 82. The owner/applicant shall obtain all necessary plan approvals and permits. END OF CONDITIONS PC Agenda Page 24 Resolution No. Downey Planning Commission PLN-22-00013 – 10000 Paramount Blvd. September 7, 2022 – Page 14 Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ☐ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. ☐ Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. ☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. ☐ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ☐ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ☐ Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. ☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ☐ Other _________________________________________________________________ ____________________________________________________________________________ As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: ________________________________________________________________ Project Address: ______________________________________________________________ Print Name ______________________________________ (Owner or authorized agent of the owner) Signature ________________________________________ Date ____________________ (Owner or authorized agent of the owner) PC Agenda Page 25 RESOLUTION NO. 19-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING MAP AMENDMENT (PLN-22-00013), THEREBY CHANGING THE ZONING DESIGNATION OF THE EAST 152-FEET OF THE LOT FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL) ADDRESSED AS 10000 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 January 24, 2022, the applicant filed an application requesting approval of a Conditional Use Permit and Site Plan Review to convert the existing chapel building into a restaurant, with a new trellis patio cover, outdoor eating area, and an ABC Type 47 license (On-Sale General, Eating Place), on property located at 10000 Paramount Boulevard and zoned C-2 (General Commercial) and P-B (Parking Buffer); and, B.On February 23, 2022, the applicant was issued a letter deeming the application incomplete. On August 18, 2022 the applicant submitted the final information needed to complete the application accordingly, and on August 19, 2022, the application was deemed complete; and, C.On August 25, 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 September 7, 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, and the Zone Change is exempt pursuant to Guideline Section No. 15061(b)(3) (Common Sense Exemption). 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. The proposed patio cover will cover a portion of the proposed outdoor seating, and the ABC Type 47 license for the sale of alcoholic beverages is an ancillary service of the restaurant use. The Zone Change is exempt pursuant to Guideline Section No. 15061 (b)(3) (Common Sense Exemption). Common sense exemption states there is no possibility that the proposed zone change will have a significant effect on the environment, therefore no further environmental review is required. 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: EXHIBIT - C PC Agenda Page 26 Resolution No. ________ Downey Planning Commission 10000 Paramount Blvd – PLN-22-00013 September 7, 2022 - Page 2 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 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 as General Commercial. Eliminating the current zoning inconsistency is desirable and in harmony with the objectives of the General Plan and the Zoning Code. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning form P-B (Parking Buffer) to C-2 (General Commercial) will bring the entire property into consistency with the existing Zoning Code and the General Plan because the current Zoning Code no longer contains the P-B zoning district. By bringing the zoning into consistency with the Code and the General Plan, the proposed and any future uses would be compatible and complementary to existing conditions and adjoining property in the surrounding area. C. The site is adequate in size to accommodate the uses permitted in the zone requested and comply with all applicable property development standards. The 19,190 square foot site is substantially greater than the minimum required lot size of 10,000 square feet. The minimum lot size is established in part to ensure lots meet a minimum size in order ensure developments can comply with required standards. The site is already developed with a commercial building and parking lot. Improvements to the site will bring the property into conformance by providing a 15-foot landscaped front setback and a 10-foot rear, landscaped setback. In addition, the parking lot will conform to the required driveway widths and back-out spaces required of commercial parking lots. 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 site which will continue to properly relate to the streets and highways designed and fully improved to carry the type and quantity of traffic expected to be generated. Paramount Boulevard is considered a major arterial, and is adequate in size to support the type and quantity of traffic generated by the proposed use. The site has and will continue to be served by existing utilities. 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 for the east 152-feet of the lot from PB (Parking Buffer) to C-2 (General Commercial will eliminate the current inconstancy between the zoning map and the Zone Code, and will bring the zoning of the property into conformance with the General Plan land use designation of General Commercial. 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 (PLN-22-00013) and update the Comprehensive Zoning Map to rezone the east 152-feet of the subject property from PB (Parking Buffer) to C-2 (General Commercial), as outlined in Exhibit A of this resolution. PC Agenda Page 27 Resolution No. ________ Downey Planning Commission 10000 Paramount Blvd – PLN-22-00013 September 7, 2022 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of September, 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 7th day of September, 2022, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Linda Thai Deputy City Clerk PC Agenda Page 28 Resolution No. ________ Downey Planning Commission 10000 Paramount Blvd – PLN-22-00013 September 7, 2022 - Page 4 EXHIBIT A Existing Zoning Proposed Zoning PC Agenda Page 29 EXHIBIT - D PC Agenda Page 30 PC Agenda Page 31 PC Agenda Page 32 PC Agenda Page 33 PC Agenda Page 34 PC Agenda Page 35 PC Agenda Page 36 WHERE ACCESSIBLE PARKING IS REQUIRED Where parking spaces are provided, parking spaces shall be provided in accordance with Section 11 B-208. Exception: Parking spaces used exclusively for buses, trucks, other delivery vehicles, or vehicular impound shall not be required to comply with Section 11B-208 provided that lots accessed by the public are provided with a passenger loading zone complying with Section 11 B-503. Minimum number. Parking spaces complying with Section 11B-502 shall be provided in accordance with Table 11 B-208.2 except as required by Sections 11 B-208.2.1, 11B-208.2.2, and 11B-208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility. Hospital outpatient facilities. Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities, and free-standing buildings providing outpatient clinical services of a hospital, shall comply with Section 11B-502. Rehabilitation facilities and outpatient physical therapy facilities. Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with Section 11 B-502. Residential facilities. Parking spaces provided to serve residential facilities shall comply with Section 11 B-208.2.3. Parking for guests, employees, and other non-residents. Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with Table 11 B-208.2. Requests for accessible parking spaces. When assigned parking is provided, designated accessible parking for the adaptable residential dwelling units shall be provided on requests of residents with disabilities on the same terms and with the full range of choices (e.g., off-street parking, carport or garage) that are available to other residents. Van parking spaces. For every six or fraction of six parking spaces required by Section 11B-208.2 to comply with Section 11B-502, at least one shall be a van parking space complying with Section 11B-502. Location. Parking facilities shall comply with Section 11 B-208.3. General.Parking spaces complying with Section 11B-502that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with Section 11 B-206.4. Where parking serves more than one accessible entrance, parking spaces complying with Section 11B-502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility, parking spaces complying with Section 11 B-502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility. Exceptions: 1.All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility. 2.Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience. TOTAL NUMBER OF PARKING SPACES PROVIDED IN PARKING FACILITY MINIMUM NUMBER OF REQUIRED ACCESSIBLE PARKING SPACES 1 to ZS . 1 26 to 50 ' Sl to 75 3 76 to 100 4 101 to 150 5 15lto2D0 6 201 to 300 7 301 to 400 ' 401 to S00 g 501 to 1000 2 percent of lotal 1001 and over :?O, plus 1 for each 100, or fraction thereof, over 1000 TABLE 11 B-208.2 PARKING SPACES PASSENGER DROP-OFF AND LOADING ZONES General. Passenger drop-off and loading zones shall comply with Section 11 B-503. Vehicle pull-up space. Passenger drop-off and loading zones shall provide a vehicular pull-up space 96 inches wide minimum and 20 feet long minimum. Access aisle. Passenger drop-off and loading zones shall provide access aisles complying with Section 11B-503 adjacent and parallel to the vehicle pull-up space. Access aisles shall adjoin an accessible route and shall not overlap the vehicular way. RJLl LHIGTH llF VEHJCI.E PllU..UP �CE FIGURE 118-503,3 P'A , ENGER OROP:OFF AND LOADING 20 E ACCE , A.I LE Width. Access aisles serving vehicle pull-up spaces shall be 60 inches wide minimum. Length. Access aisles shall extend the full length of the vehicle pull-up spaces they serve. Marking. Access aisles shall be marked with a painted borderline around their perimeter. The area within the borderlines shall be marked with hatched lines a maximum of 36 inches on center in a color contrasting with that of the aisle surface. Floor and ground surfaces. Vehicle pull-up spaces and access aisles serving them shall comply with Section 11 B-302. Access aisles shall be at the same level as the vehicle pull-up space they serve. Changes in level are not permitted. Exception: Slopes not steeper than 1: 48 shall be permitted. Vertical clearance. Vehicle pull-up spaces, access aisles serving them, and a vehicular route from an entrance to the passenger loading zone and from the passenger loading zone to a vehicular exit shall provide a vertical clearance of 114 inches minimum. Identification. Each passenger loading zone designated for persons with disabilities shall be identified with a reflectorized sign complying with Section 11B-703.5. It shall be permanently posted immediately adjacent to and visible from the passenger loading zone stating "Passenger Loading Zone Only" and including the International Symbol of Accessibility complying with Section 11 B-703. 7.2.1 in white on a dark blue background. Medical care and long-term care facilities. At least one passenger loading zone complying with Section 11 B-503 shall be provided at an accessible entrance to licensed medical care and licensed long-term care facilities where the period of stay may exceed twenty-four hours. Valet parking. Parking facilities that provide valet parking services shall provide at least one passenger loading zone complying with Section 11 B-503. The parking requirements of Section 11B-208.1 apply to facilities with valet parking. Mechanical access parking garages. Mechanical access parking garages shall provide at least one passenger loading zone complying with Section 11B-503 at vehicle drop-off and vehicle pick-up areas. PARKING SPACES General. Car and van parking spaces shall comply with Section 11 B-502. Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings. Exception: Where parking spaces or access aisles are not adjacent to another parking space or access aisle, measurements shall be permitted to include the full width of the line defining the parking space or access aisle. J_ 1'2'-0" IN _J s·1• ( ' pwp mjfcu/ar 9'-0" .MIN (al PERAENDICl.lAR PARKIII, ,.,,.1\ -\ ,FIGURE 1.IB-502,.2 VEHIClE PARKJNG SPACES Vehicle spaces. Car and van parking spaces shall be 216 inches (18 feet) long minimum. Car parking spaces shall be 108 inches (9 feet) wide minimum and van parking spaces shall be 144 inches (12 feet) wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with Section 11B-502.3. Exception: Van parking spaces shall be permitted to be 108 inches (9 feet) wide minimum where the access aisle is 96 inches (8 feet) wide minimum. Access aisle. Access aisles serving parking spaces shall comply with Section 11 B-502.3. Access aisles shall ad join an accessible route. Two parking spaces shall be permitted to share a common access aisle. Width. Access aisles serving car and van parking spaces shall be 60 inches (5 feet) wide minimum. Length. Access aisles shall extend the full required length of the parking spaces they serve. Marking. Access aisles shall be marked with a blue painted borderline around their perimeter. The area within the blue borderlines shall be marked with hatched lines a maximum of 36 inches (3 feet) on center in a color contrasting with that of the aisle surface, preferably blue or white. The words "NO PARKING" shall be painted on the surface within each access aisle in white letters a minimum of 12 inches (1 foot) in height and located to be visible from the adjacent vehicular way. Access aisle markings may extend beyond the minimum required length. Location. Access aisles shall not overlap the vehicular way. Access aisles shall be permitted to be placed on either side of the parking space except for van parking spaces which shall have access aisles located on the passenger side of the parking spaces. Floor or ground surfaces. Parking spaces and access aisles serving them shall comply with Section 11B-302. Access aisles shall be at the same level as the parking spaces they serve. Changes in level are not permitted. Exception: Slopes not steeper than 1: 48 shall be permitted. Vertical clearance. Parking spaces, access aisles and vehicular routes serving them shall provide a vertical clearance of 98 inches (2489 mm) minimum. Identification. Parking space identification signs shall include the International Symbol of Accessibility complying with Section 11B-703.7.2.1. Signs identifying van parking spaces shall contain additional language or an additional sign with the designation "van accessible." Signs shall be 60 inches (5 feet) minimum above the finish floor or ground surface measured to the bottom af the sign. Exception: Signs located within an accessible route shall be a minimum of 80 inches (6 feet, 8 inches) above the finish floor or ground surface measured to the bottom of the sign. Finish and size. Parking identification signs shall be reflectarized with a minimum area of 70 square inches. Minimum fine. Additional language or an additional sign below the International Symbol of Accessibility shall state "Minimum Fine $250." INTERNATIONAl SYMBOL OF ACCESSIBILITY J6" BY J6" (See Mafklng.11B-502.6.4) (a) perpendiwlar parkir,g idenlmGBtion sign "'----access aisle blue border �"'il-r-hatched lines at3611ches (914mm) on center max white letteri ng, 12 inches (305mm) min height FIGURE 11B-502.3.3 PERPENDICULAR PARKING IDENTIFICATION 70.:.q. in A1:wuibili� Parillng Slgn WITHI� THE LOACIN(, & U . OAOtNG PAINTTHE WOADS = ,""'..u �- 5Ullf AC£ SI.O�� IN Atrr DllfCIIO'l = 'WO PARKING" IN 12" HIG� -----� Ml liUM WIITELETTERS 3'-0" IIIN U YAN ACCESSl!LE PAR NO!nU S-D" II � AJ STD. M:CESSIBL:E PA�K NG STAU VAH PARKIIIG SPACES 'HAU. BE PERMITTED TO BE I OIi iNCHES (9 FEET] WIDE MINIMUM WlieRE THE ACCESS AISLE IS 96 INCHES 16 FEET] WIDE MINIMUM, Location. A parking space identification sign shall be visible from each parking space. Signs shall be permanently posted either immediately adjacent to the parking space or within the projected parking space width at the head end of the parking space. Signs may also be permanently posted on a wall at the interior end of the parking space. Marking. Each accessible car and van space shall have surface identification complying with either Sections 11B-502.6.4.1 or 11B-502.6.4.2. The parking space shall be marked with an International Symbol of Accessibility complying with Section 11B-703.7.2.1 in white on a blue background a minimum 36 inches wide by 36 inches high. The centerline of the International Symbol of Accessibility shall be a maximum of 6 inches from the centerline of the parking space, its sides parallel to the length of the parking space and its lower corner at, or lower side aligned with, the end of the parking space length. The parking space shall be outlined or painted blue and shall be marked with an International Symbol of Accessibility complying with Section 11 B-703. 7.2.1 a minimum 36 inches wide by 36 inches high in white or a suitable contrasting color. The centerline of the International Symbol of Accessibility shall be a maximum of 6 inches from the centerline of the parking space, its sides parallel to the length of the parking space and its lower corner at, or lower side aligned with, the end of the parking space. Relationship to accessible routes. Parking spaces and access aisles shall be designed so that cars and vans, when parked, cannot obstruct the required clear width of adjacent accessible routes. 11B-502.7.1 Arrangement. Parking spaces and access aisles shall be designed so that persons using them are not required to travel behind parking spaces other than to pass behind the parking space in which they parked. 11B-502.7.2 Wheel stops. A curb or wheel stop shall be provided if required to prevent encroachment of vehicles over the required clear width of adjacent accessible routes. 11 B-502.8 Additional signage. An addition al sign shall be posted either; 1)In a conspicuous place at each entrance to an off-street parking facility or 2)Immediately adjacent to on-site accessible parking and visible from each parking space. 11B-502.8.1 Size. The additional sign shall not be less than 17 inches wide by 22 inches high. 11B-502.8.2 Lettering. The additional sign shall clearly state in letters with a minimum height of 1 inch the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or special license plates issued for persons with disabilities will be towed away at the owner's expense. Towed vehicles maybe reclaimed at: ____ or by telephoning ______ " Blank spaces shall be filled in with appropriate information as a permanent part of the sign. (NOTE: Towing Co.'s Name and Telephone Number must be noted on the detail sheet/s on the plans). z i .. ACCESSIBLE PARKING SIGN INSTALLED AT EACH SPACE C ' MINIMUM FINE$250' , A.EFLECTORIZED WITH Mlt,,MUM AREA OF 7D SQJN. . NOTEl SIG� 1.0CATWW/IN WHERE APPLIES s ACttSSl8t£ ROUTE SHAU. 8€ 10" MN. I:, A.f.E.ORA&OVEGROUHOSURfACE. <o !ilGH5 MAY AL!iO BE PUtMANlNTt, POSTTDONJI. WAl.l AT TI-IE INnJIIOII END Of M PAAIONG SPA«. GROUHD SURFACE fltllStl UIJE 36"MIN UffAIJTliOfflZEt> VEHICLE.$ PARKleO IN �IGIU1:f£D ACCESSl8LE SP,rcES NOT OISPLA TING OISTINOUISHINO. Pl.A.CA.ROS OA .SPEGLll UCEH5E PU TES ll$1JE0 fOR PERSOMS WlrH DISABIUTIES Wlll8E Towal /J,,WA't AT THEADCNTIOHAL" TON-AWAY" SIGN SHAU. BE 11• Mlt!. .I. 22"' Ml-I. LETffRS SHALL HA\11: A MINIM.UM HBGHTOF1• '™E OWNER'S EXPENSE. TOWIHG COMPAHY'S t�AME • TOWED VEtM:LES MA't BE AtlD TELEPHCt4E HOS.' 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