Item No. 7.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: MARCH 10, 2026
APPROVAL OF FINAL PARCEL MAP NO. 83742 AND AGREEMENT FOR THE SUBJECT: CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 12428
BENEDICT AVENUE
EXECUTIVE SUMMARY
The City Council will consider approving a resolution for the approval of Final Parcel Map No. 83742 and an agreement with the subdivider for the construction of subdivision public improvements. Approval and recordation of the Final Parcel Map will implement the Planning Commission's prior approvals for the project at 12428 Benedict Avenue and allow the subdivider to proceed with permits and construction while ensuring the required public improvements are completed to current City and ADA standards.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 26-8340, approving Final Parcel Map No. 83742 and agreement with the subdivider for the construction of subdivison public improvements.
BACKGROUND
On March 1, 2023, the Planning Commission adopted Resolution No. 23-3199 approving Site Plan Review, Conditional Use Permit, and Tentative Parcel Map for the project at 12428 Benedict Avenue, including the consolidation of two adjacent properties, subject to conditions of approval.
As part of the conditions of approval for this development, the applicant is responsible for upgrading public right-of- way improvements to current City standards and Americans with Disabilities Act (ADA) accessibility requirements.
The required public improvements associated with this subdivision include, but are not limited to, sidewalk work, curb and gutter work, driveway approach work, utility service work, and related appurtenances as shown in the approved improvement plans and detailed in the Subdivision Improvement Agreement.
ANALYSIS
Final Parcel Map No. 83742 has been checked and found to be technically correct, consistent with the approved tentative map, and in compliance with applicable local codes and the Subdivision Map Act. City Council approval is required for the Final Parcel Map to be recorded with the County, which is necessary for the applicant to proceed with permits and ultimately commence construction.
Also enclosed is a Subdivision Improvement Agreement between the City and the subdivider, Islamic Center of Mid Cities, for the construction and completion of the required public improvements. The Agreement establishes an estimated total cost of improvements of $151,000 and requires a corresponding deposit/security, and it obligates the subdivider to complete the public improvements by the stated deadlines (June 2027) in conformance with approved plans and City standards.
The public improvements required under the Agreement include items such as construction of new utility services (including sewer and water service work), abandonment of existing utility services, and reconstruction of curb and gutter, sidewalk, and concrete driveway approaches, along with associated work identified in the cost basis exhibit.
Staff recommends adoption of the attached resolution approving Final Parcel Map No. 83742 and approving the Subdivision Improvement Agreement to ensure completion of the required public improvements.
FISCAL IMPACT
There is no fiscal impact. All subdivision public improvements will be constructed at the subdivider's expense and secured through the required deposit/security.
Quality of Life, Safety & Infrastructure
Attachments
Attachment A Resolution. ' 1 •
Attachment B: Plannin_gCommission Resolution1
RESOLUTION NO. 26-8340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL PARCEL MAP NO. 83742 AND AGREEMENT WITH THE
SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
WHEREAS, on March 1, 2023, the Planning Commission adopted Resolution No. 23- 3199 approving Tentative Parcel Map No. 83742 (PLN-21-00147), subject to conditions, for the project located at 12428 Benedict Avenue (attached herein as Exhibit A); and WHEREAS, the City Engineer and City Planner have reviewed the proposed Final Parcel Map and find it to be technically correct and that all applicable Tentative Parcel Map conditions have been satisfied; and
WHEREAS, a Subdivision Improvement Agreement between the City of Downey and the subdivider for the construction of subdivision public improvements, attached hereto as Exhibit"B, has been prepared for City Council consideration in connection with Final Parcel Map No. 83742.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Final Parcel Map No. 83742 and related Subdivision Improvement Agreement, attached hereto as Exhibits A and B, are hereby approved.
SECTION 2. The City Clerk is directed to transmit the Final Parcel Map No. 83742 to the Los Angeles County Recorder's Office for recordation.
SECTION 3. This Resolution shall become effective upon its adoption.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10t" day of March, 2026.
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
jo4A M. FUNK
City Attorney
CLAUDIA M. FROMETA, Mayor
Attachment A
RESOLUTION NO. 26-8340
PAGE 2
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 10th day of March, 2026, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CIVIC
City Clerk
RESOLUTION NO. 26-8340
PAGE 3
W:I:II=i1r=1
RESOLUTION NO. 26-8340
PAGE 4
Resolution No. 23-3199
Downey Planning Commission
RESOLUTION NO. 23-3199
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, CONDITIONAL USE
PERMIT, (PLN-22-00098) AND TENTIVE PARCEL MAP (PLN-21-00147),
ALLOWING THE EXPANSION OF AN EXISTING RELIGIOUS FACILITY
WITH SITE IMPROVEMENTS AND THE CONSOLIDATION OF TWO
ADJACENT PROPERTIES AT THE ADDRESS OF 12428 BENEDICT
AVENUE
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that:
A. On October 22, 2021, the application was filed by Mohammad A. Ansari, (hereinafter referred to as the "applicant") for a request for Tentative Parcel Map (PLN-21-00147) to consolidate the two adjacent properties; and, B. On July 27, 2022, the application was filed by the applicant, for a request for a Site Plan Review and a Conditional Use Permit (PLN-22-00098) for the expansion of an existing Mosque, fagade and site improvements; and, C. The application was deemed incomplete due to missing information on November 22, 2021 and August 25, 2022. The applicant resubmitted additional information and the application was deemed complete for further processing on January 11 2023; and
D. On February 16, 2023, 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,
E. The Planning Commission held a duly noticed public hearing on March 1, 2023 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 categorially exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1 — Existing Facilities) and No. 15315 (Class 15 — Minor Land Subdivisions). Class 1 exemptions consist of additions to existing structures provided that the addition will not result to an increase of more than 10,000 square feet and if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Class 15 exemptions consist of the division of property in urbanized areas zoned commercial into four or fewer parcels when the division is in conformance with the General Plan and zoning.
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:
12428 Benedict Ave — PLN-21-00147 & PLN-22-00098
March 1, 2023— Page 1
Resolution No. 23-3108
Downey Planning Commission
A. The site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted bvthe Council. The p 'gCt's objective to revitalize the Site helps achieve various long-term goals. SpHcihC8||y. the fO||Ovving policies are promoted by the Site Plan Review: Policy 8.1.1 — Promote 8[chife[tU[@| design of the highest quality. Policy 8.2.2 — P[Onlnte the upgrading Of properties. The proposed architecture uses quality materials that provide different 8|erOeDtS to achieve @ dO[DiC8l style architecture for the DlVGqUe. This is G significant upgrade tOthe existing religious facility that has remained the same since 2005.The redevelopment Ofthis site has the potential Dfserving 8S@Oexample for higher quality of architecture for future d8V8|Vp0OeDtS within the City. The quality of design, site layout, and landscaping not only upgrades the subject property, but the surrounding areas @Swell.
B. The proposed development iSiDaccordance 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, 8Sstated iDthe Downey Municipal COd8,"iSintended [Oprovide for and encourage the orderly development Ofgeneral commercial uses, with awide variety of goods and services, for the residents of the entire city, with provisions designed to ensure that such commerce will be efficient, function related, and compatible with @rUacBOt noncommercial development." It is Staff'SOpiniOO that the proposed application is in full conformance with the objectives stated above. This is achieved because religious facilities are commonly found in commercial corridors and residential 8[B8S and is compatible with other commercial uses. In addition, the proposed project COOtiDUCS to provide residents with 8 variety and services.
C. Thep site plan and its design features, including architecture and landscaping, wiUi harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The pnOpOS8d design of the project will integrate h@[OOoOiOUS|y with this area by providing aesthetically pleasing architecture and landscaping. The renovations serve 8S8 significant upgrade from the existing facility OO site. In addition, the StngetSC8p8 is enhanced and the transition from the street onto the site is improved by the proposed landscaping.
O. The site Db]n and |oC@tk)O of the buildings, parking a[88S' signs, |GndsC8piOQ. luminaries, and other site features indicate that proper consideration has been given to both the functional aspects Ofthe site development, such aSautomobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site plan along with the site fg8tUngS iOC|Ud'Og landscaping and parking have considered all functional aspects Ofthe site and will b8well integrated into the neighborhood. The project iSexpGndedoff[heg8ner8||OC8U0nVf1he existing building footprint and all new additions comply with the development standards for the zone. The added driveway entrance for the expanded parking lot provides 8more efficient ingress and egress for vehicular traffic. |Maddition, the landscaping around the front building fagade and within the new parking area creates 8 nice tr8OSitiDO8| buffer between the religious facility, the public right of way, and Benedict Avenue.
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 compliment the use it serves. The 12428 Benedict Ave — PLN-21-00147 & PLN-22-0009
Resolution No. 23-3108
Downey Planning Commission
proposed redevelopment reflects 8high quality ofarchitectural design. The development is unique in its architecture and provides an example of quality architecture for future developments within the City of Downey.
F. The site plan and design CVnSd8rBU0nSSh8UtHndk}upAr8d8pnQpedminUle immediate neighborhood and surrounding areas with 8Oaccompanying beitermeOtOf conditions affecting the public health, Sefetv, C000fOd' and welfare. The proposed architecture isGsignificant upgrade tOthe immediate neighborhood and surrounding @[e8S. In addition, the redevelopment of this site has the potential of serving as an example for higher quality @rChit8CtU[8 for future deVB|Dp0eOtS within the City Of OOvvO8y. The project compliesvvith all zoning codes and will comply with all building and safety, and engineering codes to ensure a safe and sound structure for its occupants and its SU[POUDdiDg neighbors. Lastly, the project was designed to 8OSUPe that any potential effects will not negatively harm or impact the surrounding sites and the public health, safety, comfort and general welfare.
G. The proposed d site plan and its design features will include graffiti - resistant features and materials in accordance with the requirements of Section 4960 OfChapter 1O0fArticle K/Ofthis Code. The project h8SbeencOnditiODed[nDl88{ 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 FerDOv8| of graffiti.
SECTION4. Having considered all o[the oral and written evidence presented k}it8[ 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 n['working iOthe neighborhood thereof; The projectVvi||OVt@dvHrsH|V affect the intent and purpose Qfthe Downey Municipal Code 0rthe City'SGeneral Plan.
The subject site islocated within anactive commercial corridor that contains complimentary uses, therefore the project 8hOu|dD0tC@USe8DUiS@DCH[e|@tedtopWb|iC convenience Orgeneral welfare tVany nearby persons residing Qrworking inthe area.
PO|iCV 1.1.4—Provide 8O appropriate amount Ofland area for people tOacquire goods and services. Program 9.1.1.5—Continue the revitalization of commercial and industrial corridors. The proposed use will provide services for the public benefit and support gO@|G and policies in the General Plan under Neighborhood Commercial uses. The mosque in itself and its expansion will serve the surrounding area by providing religious facilities to the Muslim Community. Its expansion will further support tVdiversify the amount Of goods and services available b}patrons 0fthe City. /\spart Qfits expansion, itwill consolidate the two adjacent properties which are developed with the non -conforming use of residential homes and will be replaced with the conforming use of a religious facility, strengthening the commercial corridor off of Imperial Highway.
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. A religious facility use is common and appropriate within commercial areas and in urbanized areas and occasionally found within proximity to residential zones. In addition, the use is existing and currently functions appropriately Onthe subject site. The expansion Ofthef8Ci|ib/vvi|| not adversely affect adjoining land uses @Sthe project will comply with all development 1242OBenedict Ave —PLN- 1-00147&PLN-22-00098
Resolution No. 23-3108
Downey Planning Commission
standards including parking standards and landscaping. Conditions ofapproval ensure the project will not result in negative impacts.
C.The size and shape ofthe site proposed for the use is adequate to allow the full development of the proposed use iOa manner not detrimental to the particular area. The proposed addition igcombined with the expansion Ofthe site tOapproximately 1S'5S9.
The larger parcel adequately mCCOrnnnOd8tHS the expansion Vfthe building along with the additional p@[WDg gt8||S, drive 8iS|HS, trash eOdOSUF8 and d[iV8YV8y. The p@[kjOQ lot will accommodate the required number of parking spaces ensuring that parking demand does not significantly spill onto adjacent neighborhoods. Th8refVr8.thRGize@ndGh8pe 0fthe site will not be detrimental to the particular area.
D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways iDth98n8G.Th8@dd8dsquare footage UJthis existing building will potentially increase the usage and increase vehicle trips to the site. However, the COOOe{tiDQ street Of Imperial Highway is a major arterial with three (3) t[8Ve| lanes in each direction and has 'sufficient excess capacity U]accommodate project g9nerat8d traffic. |Oaddition, project generated traffic isnot expected tnspill over into the street parking since the parking meets the required number Of31 parking spaces. |Oaddition, prayer service and chi|dn8n's study sessions will be adstaggered times; Therefore, traffic generated bythe proposed use will not impose 8nundue burden upon the streets and highways iOthe area.
SECTION 5. Having considered all of the oral and written evidence presented {Qit8t said public hearings regarding the Tentative Parcel Map, the Planning Commission further finds, determines and declares that:
A. The proposed map is consistent with the General and Specific Plans. Policy 82.2— Promote the upgradingOfproperties. The proposed TPyNiSconsistent with the Cit/S GHDH[81 Plan. The On8p most closely helps pn]n1OLe Policy 8.2.2 relating to the improvement Ofexisting properties. Although [heCity'SGener8|P|@nd0eSn0[GddreSG subdivisions directly, subdivisions proposed for commercial properties are rarely processed without 8nimproved benefit b]the site and [email protected] project iDC|Ud8S redevelopment Of8site along with the consolidation Ofthe adjacent lots that has not experienced significant upgrades since 1948. These upgrades include, but are not limited to, site layout, landscaping, [jrCu|akiOD' parking, and fngodeimprovements.
B. The design or improvement Of the proposed subdivision is consistent with applicable general and specific plans. The project is consistent with all applicable goals and policies specified in the City's General plan and policies adopted by the City Council. The project Dl8im objective is to redevelop the site and achieve |OOg-berDl 8O8|S. Policy 8tY — Promote architectural design 0fthe highest quality. Policy f[2.2—Promote the upgrading 0fproperties. The exterior changes tOthe fay8dHalong with the additions are R significant upgrade to the existing facility on -site and will be newer than most developments within is proximity. The redevelopment Vfthe site has the potential of serving as an eX@Mnp|e of higher quality architecture for future developments within the city. PnDgn8[D 9.1.1.5—Continue the revitalization of commercial and industrial COFridOnS.
The site was developed with amosque use in2OO5and the two adjacent properties have not seen any improvements since 1948.This redevelopment would remove all nOn- 1242OBenedict Ave —PLN-21-OO147&PLN-22-000S8
Resolution No. 23-3108
Downey Planning Commission
conforming uses Onthe sites and revitalize the commercial use it is zoned for and supported under the General Plan.
C. The site isphysically suitable for the type of development.The subject site isphysically suitable for the type of development. The site holds infrastructure, utilities, and wehiCU|8[ and pedestrian 8CCesS' It iSalso well under the Dl8Xi[DUDl building deV8|OpDleOL In addition, the project iSfOUndiOb8iDCO[Dp|i8DC8VVith8UdeYe|OpDleOtst8nd8[dS@OdxVi|| comply with COOdiUnOS of approval for this application. These standards include, but are not limited to, setbacks, height. and landscaping. These characteristics will remain unchanged from the approvals related tOthe layout Qfthe site.
O. The site isphysically suitable for the proposed of development. The square footage after the subdivision will be19599and iSallowed 8maximum lot coverage Of50 percent and is currently 8tthe lot COmer8Q8 Of33 percent. The iDlpnOV8m8ntS to the existing building have @ n]3xinOOOO height Of45feet or three stories; the pn}D0s8d height is 45 feet which is due to the [DiO@Pet tower feature which is only d8CO[@bVe.
Furthermore, existing roadways and infrastructure adequately serve the lot.
E. The design Cfthe subdivision or type of improvements is not likely tOcause serious public health problems. The design Ofthe projecthas been carefully laid out tOavoid conditions that could result in series public health problems. Pedestrian circulation on the site is separated from vehicle traffic as VV@|k«wevS are directly connected to all 8Ot[@OQBS to the public right-of-way. It is st8ff'S opinion that this Site layout works best to facilitate vehicle movement without jeopardizing pedestrian safety. Staff believes that the functional aspects of the site development from the view Ofthe public street have been properly considered iOthe request.
F. The design of the subdivision or type of improvements will not conflict with easements, acquired bvthe public at large, for access through V[use Qf property within the proposed subdivision. During the review Ofthe preliminary title report for the subject site, DQsuch easements were found within the subject property. Overhead utility lines are present along the rear property line, but will not be modified or altered as a result of this application.
G. The design Ofthe subdivision Ofthe proposed improvements iSnot likely tOcause substantial environmental damageCxsubstantially and avoidably injure wildlife or their habitat. The project site is in on urban setting and is already serving the community an an existing use as a religious facility. The proposed map and development will not cause Orcontribute tO impacts not already existing on the site or in the general area. In addition, environmental impacts | tedtOnOiSe,[[GffiC.|ight.8Odaes[hEtichaveb8en identified as negligible and compliance with categorical exemptions from the California EDVirODDleDta| Quality Act.
SECTION 6. Based upon the findings set forth in SHCUOnG 1 through R of this ReSO|UUOn, the Planning CoDlmdsSOD of the City Of Downey hgngbv 8pp[OVeS @ Site P|@0 Review, Conditional Use Permit, and Tentative p8[Ce| K48p No 83742/PLN-21-00147& PLN- 22-00098\.subject hJconditions 0fapproval attached hereto aSExhibit W.which are necessary to preserve the health, safety and general welfare of the cnnD[DUOitV and enable the pl@MMimg Commission tDmake the findings set forth iDthe previous sections. The conditions are fair and reasonable for the accomplishment ofthese purposes.
12428Benedict Ave —PLN-21-OO147&PLN-22-OOO98
Resolution No. 23-3199
Downey Planning Commission
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of March 2023. 0!iqinqff y siqned by 51foracio Ortiz
Horacio Ortiz, 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 V day of March 2023, by the following vote, to wit:
AYES:
COMMISSIONERS: Guerra, Duarte, Uva, and Ortiz
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Qjiqinaff y s�qned by Linda Thai
Linda Thai,
Deputy City Clerk
12428 Benedict Aver PLN-21-00147 & PLN-22-00098
March 1, 2023— Page 6
Resolution No. 23-3199
Downey Planning Commission
PLN-21-00147 & PLN-22-00098
(TENATIVE PARCEL MAP & SITE PLAN REVIEW, CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
[a W-110 NN I I Z
The approval of this Tentative Parcel Map No. (PLN-21-00147), Site Plan Review, and Conditional Use Permit (PLN-22-00098) allows for the addition of 5,044 square feet to an existing mosque with site improvements, including a fagade improvement and a parcel map to consolidate the two adjacent properties at the addresses of 12436 & 12440 Benedict Avenue.
2. Conditional Use Permit PLN-22-00098 shall supersede and replace Conditional Use Permit No. 05-65.
3. The following table shall permit the days and times for prayer service and children's study sessions.
SCH
EDULE OF ACTIVITES —
PRAYER SERVICE/CHILDREN'S STUDY SESSION
TABLE
A - November through
March
Activity
Days
Time
Prayer Service
Sunday — Saturday
5 am — 6 am
Prayer Service
Sunday — Thursday
1 pm — 1:30 pm
Prayer Service
Saturday — Sunday
3 pm — 3:30 pm
Prayer Service
Sunday — Saturday
5:15 pm — 5:45 pm
Prayer Service
Sunday — Saturday
7:30 pm — 9:30 pm
Prayer Service
Friday Only
1 pm-2pm
Children' Studies
Monday — Thursday
8 am — 12 pm
Children' Studies
Monday — Friday
3:45 pm — 5:00 pm
Children' Studies
Monday — Friday
6:pm — 7:15 pm
Children' Studies
Saturday — Sunday
10 am — 12 pm
TABLE B — April through October
(Daylight Saving Time
Activity
Days
Time
Prayer Service
Monday — Saturday
5 am — 6 am
Prayer Service
Saturday — Thursday
1 pm — 1:30 pm
Prayer Service
Friday Only
1 pm-2pm
Prayer Service
Sunday — Saturday
§_. 3 �Om — �7. 3 0
Prayer Service
Sunday — Saturday
8 pm — 8:45 pm
Prayer Service
Sunday — Saturday
9:15 pm — 10:30 pm
Children' Studies
Monda-y — Thursday
8 am — 12 pm
Children' Studies
Saturday — Sunday
10 am — 12 pm
Children' Studies
Monday — Friday
3:30 pm — 4:45 prn
Children' Studies 77Monda
— Friday
5 pm — 6:15 pm
4. No later than March 16, 2023, the applicant and the property owner shall sign and return an affidavit of Acceptance of Conditions, as provided by the City of Downey.
5. All activities at the Muslim church facility shall be conducted entirely within the proposed 6,644 square foot building.
12428 Benedict Ave — PLN-21-00147 & PLN-22-00098
March 1, 2023 — Page 7
Resolution No. 23-3108
Downey Planning Commission
0. Prayer services shall not include musical instruments or a loud speaker announcing service to the neighborhood.
7. The Owner/Applicant agrees, asGcondition of approval of this resolution, toindemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any C|8i0O' @C1iOO or proceeding c0rnrDHn&8d within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void O[annul the approval Ofthis resolution, tOchallenge the determination made byCity under the California Environmental Quality Act Drt0challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such C|@iDl' @CtiOO or proceeding to which City neC8iv8S OOtiC8' and City will COOpg[8te 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 C|@irD, 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 Ofthe obligations Ofthis condition.
8. The City Planner is authorized to make minor modifications to the approved preliminary D|@Ds orany of the conditions ifsuch modifications shall achieve substantially the same results as would SthCf compliance with said p|@OS and conditions.
9. The approved architectural style, finished material, and colors shall De8Sapproved bv the Planning Commission. Changes to the facades and/or colors shall be subject to the review and approval of the City Planner. At his/her discretion, the City Planner may refer changes to the facades and/or colors to the Planning Commission for consideration.
10. All buildings and walls must b8finished with graffiti resistant materials pursuant to Downey Municipal Code Section 4880.
11. Any graffiti applied k}the site shall b8removed within 48hours.
12. The Applicant shall incorporate a copy of this Exhibit A - Conditions of Approval, into the approved set nfbuilding plans.
13. All landscaping must remain in compliance with the [>Oy«ney Municipal [|Ode. be composed Ofdrought tolerant plants, and strictly conform tUthe approved set Ofplans.
Any revisions tOthe proposed landscape plans will first require approval from the City Planner.
14. Parents whose child/children attend the study sessions shall park their motor vehicles in the onsite parking area and escort the child/children from the vehicle into the classroom; parents shall also escort the child from the classroom to their motor vehicle.
15. Prior b]the final Ofbuilding permits, all landscaping 8Odi i 8UODSh@Ub9inst@|ked.Th8 type, size and number of landscaping shall be as noted on the final approved landscape plan. All landscape shall be installed and permanently maintained.
10. Prior h]the final 0fbuilding permits, all installed landscaping Sh8Ube certified bv@ 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. 12428Benedict Ave —PLN-21-OO147&PLN-22-OOOS8
Resolution No. 23-3108
Downey Planning Commission
17. All planting beds and landscaped areas shall beprovided with 8permanent watering system consisting of an appropriate number of bubblers or sprinklers capable of supplying adequate water [Oall plant materials. Bubblers or sprinklers use tOsatisfy the requirements ofthis provision shall be spaced hDassure complete coverage Ofthe plant material.
18. All exterior lights ODthe property shallbeLE[)8DdShGUb8diFBCted'DOSitiOO8d.8Dd/O[ shielded such that they do not illuminate surrounding properties and the public right-of-
19. All exterior mechanical and utility equipment shall b8designed and located five feet from p[Qoadv line so as to not transmit noise or vibration to abutting properties. All utility equipment shall b8located along the sides and/or rear Vfthe buildings and shall be screened from public view through the use of landscape screens, walls, or other devices @FChiteCtUF@||y compatible with the buildings. Electrical p8O8|s and/or transformers are expressly prohibited from being located between the buildings and the public street.
20. All parking stalls shall bedesigned tOavert the use iOwheel stops bv providing@O overhang of 30 inches into a curbed landscape area.
BUILDING
21. All construction shall comply with the most recent adopted City and State building codes:
8> 2O22California Building Code
b 2022California Residential Code
o\ 2022 California E|H[t[C8| Code
d\ 2022California Mechanical Code
8) 2022California Plumbing Code
f) 2022Ca|ih][Oia Fire Code
g\ 2O22California Green Code
22. Special Inspections —A@indicated bvCalifornia Building Code Section 1704,the owner shall employ one Ormore special inspectors who shall provide special iOSD8CtDnSVVheU required hvCBC section 1704.Please contact the Building Division @ttime Cf plan SUbDlitt@| t0obtain application for special inspections.
23. The Title Sheet of the plans shall include:
8\ OccupancyG[OUp
b) Occupant Load
c\ Description of use
d Type of Construction
R\ Height OfBuilding
f\ Floor area OfbUi|diOg(s) and/or occupancy grOUp(G)
24. School impact fees shall bepaid prior tOpermit issuance.
25. Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 1242DBenedict Ave —PLN-21-OO147&PLN-22-OOO98
Resolution No. 23-3108
Downey Planning Commission
26. All property lines and easements must be shown OOplot plan. Astatement that such lines and easements are shown iSrequired.
27. The project design will conform with energy conservation Dle@SUPeS @rtiCU|8h8d in Title 24ofthe California Code ofRegulations and address measures toreduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use tOthe extent feasible draught landscaping.
28. A design professional will be required at time of construction drevxinga, to prepare plans for proposed improvements per the Business and Professions' Code.
29. Public and private site improvements shall bHdesigned iO8CCOrd@DDeVVithth8 Anl9hC@ns with Disabilities Act and Chapter 11 of the California Building Code. Site plan Sh8|| include Site accessibility p|8O identifying exterior nJUfeS of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, sigD3geand truncated domes. Path of travel shall be provided from the public right of way and GCc8sG1b|e parking to building. The design professional shall ensure that the site accessibility p|8O is compliance with the latest Federal and State [egU|@tiOOS.
FIRE
The following comments pertain to a limited fire review of a design review plan submittal. The comments contained herein shall not be construed as complete or encompassing all fire -life safety code requirements set forth in k}C8|' State, and/or National local codes.
30. Deferred automatic fire sprinkler plan submittal required for new Residential Group F{ occupancy. Automatic fire sprinkler system design, installation, and testing shall b8per NFP/\13OO[13Rbased QDthe building construction type, height, fire separation, etc. [CFC&9O32.8;OIWC331R]
31. Fire Project cODstTU[tiOO Sh@|| comply with neqUi[8[DeOt5 set forth in the CA Building Code for egress calculation, exit pathways, and discharge.
PUBLIC WORKS CONDITIONS
32. All public utilities shall beinstalled underground.
33. 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 A\OA\.
34. Obtain permits from the Public Works Department for all iOOpn]VeFOeOtS within the public right of way @tleast two weeks prior tocommencing work. Contact Brian A|eDlan.
Assistant Civil Engineer, @t/562>804-7110for information.
35. Remove and replace damaged, uneven or sub -standard curb, gutter, sidewalk, driveway, disabled ramps, and pavement t0the satisfaction of the Public Works Department. Contact the Public Works Inspector 8t(GR2)AO4-711Ut0identify the limits Qfthe areas toberemoved and replaced 8tleast 48hours prior tncommencing work. 1242OBenedict Ave —PLN-21-OO147&PLN-22-00098
Resolution No. 23-3199
Downey Planning Commission
36. Owner/applicant must submit public improvement plan(s) for review and approval by Public Works Department prior to obtaining an encroachment permit.
37. All unused driveways shall be removed and constructed with full -height curb gutter, and sidewalk to match existing improvements.
38. The owner /applicant shall reconstruct all driveway approaches per Standard Plans of Public Works Construction (SPPWC) No. 110-2 Type C. Driveway width bottom of X to bottom of X shall be as wide as the driveway or parking aisle they serve. The new widen driveways shall be at least five (5) feet away from any above -ground obstructions (including storm drains) in the public right-of-way to the top of the driveway 'X" Otherwise, the obstruction shall be relocated at the applicant's expense. Ensure that each driveway provides proper pedestrian access across, in compliance with ADA standards. The final layout and site driveway approach design shall be subject to the review and approval by the Public Works Department.
39. Remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. USA markings shall be installed using chalk -based paint only.
40. Paint property address numbers (4" height) on the curb face in front of the proposed development to the City's satisfaction.
41. Drive approaches shall match driveway width as specified per Standard Plan of Public Works Construction No. 110-2 Type C.
42. Any utilities that are in conflict with the development shall be relocated at the owner/applicant's expense.
43. Any acquired property in the form of easement, fee simple or irrevocable offer shall be in form acceptable by the city engineer and the city attorney prior to its recordation.
Water & Sewer
44. The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire Department and Building and Safety standards. Should such fire sprinkler system(s) require the installation of dedicated fire service lateral(s), such lateral(s) shall be constructed in accordance with the latest Department of Public Works and Fire Department standards including backflow devices, fire department connections and other appurtenances as required. New fire service lateral(s) shall be connected to existing 8-inch main located on Benedict Avenue and shall be dedicated for fire service only.
45. The owner/applicant shall furnish and install domestic and fire water backflow devices in accordance with City of Downey standards and as required by State and LA County Department of Public Health. Backflow devices shall be located on private property, readily accessible for emergency and inspection purposes, and screened from view by providing sufficient landscaping.
46. Backflow devices shall be certified in the field by a licensed LA County Department of Public Health certified tester prior to placing into service and such certification provided 12428 Benedict Aver PLN-21-00147 & PLN-22-00098
March 1, 2023 — Page 11
Resolution No. 23-3108
Downey Planning Commission
to City.
47. |fexisting water utilities are being upgraded, existing potable and fire water service lines and associated appurtenances must be removed and abandoned from existing water
48. Any unused existing potable water services line and associated appurtenance must be removed and abandon from existing water main off of Benedict Avenue.
49. Owner 0[tenant must establish accounts with the City Cashier prior b0the City activating and the tenant using any fire, potable, or recycled water service and meter.
50. For any water service upgrades, the owner/applicant shall provide separate water improvement plan sets for review and approval consisting of the following:
8. Potable Water |0p[nV80eDt Plans (8U City -owned oOt8b|0 water and fire service lateral improvements.
51. Final City approved potable water improvement plans shall besubmitted onmylars and shall be signed and stamped bv@State VfCalifornia licensed civil engineer. In addition t3review and approval bvCity. Improvement plans for potable water main improvements shall b8both plan and profile.
52. Upon completion 0fwater 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 beincorporated into 8final 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 /Aut0CAD—latest edition).
52. If applicable, the DVVOe[/@pp|iCGOt shall furnish and iOSt@|| @8eVVe[ |8te[G| (to the hDDt property li)andabondonanyeXiaUngunuoed/donnagedaevver|atena|a. The design and improvements Ofsewers shall beiDaccordance with the latest standards Ofthe Department Of Public Works. Septic systems shall not be allowed.
54. Utility plans shall besubmitted tOand approved bythe Department OfPublic Works prior [othe issuance ofthe grading plan permit.
55. The owner/applicant shall consult the Department of Public Works to determine the sewer location and design requirements.
Grading
50. Submit an engineered grading plan and/or hydraulic calculations and site drainage plan for the site (prepared and sealed by a|egistered civil engineer inthe State of California) accompanied bv@soil and geology report for approval hvthe Engineering DkviSiOO8Od Building and Safety Division. LCk(s)shall not have less than one (1%)percent gradient Onany asphalt O[non-paved surface, O[less than one quarter (1/4%)percent gradient OOany concrete surface. Provide the following information OOplans: topographic site information, including all building pad and other elevations, dimensions/location Of existing/proposed public improvements adjacent to project (i.e. street, Gid8yva|h. p@[kyv8y and driveway widths, catch basins, pedestrian ramps); the width and location of all 1242DBenedict Ave —PLN-21-OO147&PLN-22-OU098
Resolution No. 23-3108
Downey Planning Commission
existing and proposed easements, the dimensions and location nf proposed dedications; (for alley dedications, show elevations Ofthe four corners Ofthe dedication and centerline of alley, existing and proposed underground utility connections); the location, depth and dimensions Ofpotable water, nBo|@inled water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building and its disposition; construction details Ofdrainage devices and details OfLow Impact Development /[|O\plan.
57. Include any other applicable site -specific conditions.
58. ThBoxvner/8pp|iC8rt shall comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance 1142Ofthe Downey Municipal Code /C>N4C\;and the Low Impact Development (L|[)Plan. Furthermore, the applicant shall berequired b]Certify and append Public Works standard "Attachment /Y't0all construction and grading plans Gsrequired bvthe LAC0[)PVV8torn1vv8terQuality Management Plan /S[}K4P\.
59. [)VVD8[/Gpp|ic@Otsh@|| comply with the Low |Dlp8Ct [)9v8|Op08Ot F8qUin8D1HDts. The owner/applicant shall provide separate Low Impact Development plan and report for review and @ppnDV8| from the City of Downey Engineering Division. LOVV |0p8[J Development design shall comply with Attachment H of the City of Downey's MS4 Permit per the design criteria set bythe County Regional Board.
60. The owner/applicant shall secure 8VVO|[}number along with his GWPPP.
61. 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.
82. |fany hazardous material is encountered Onthe site, the owner/applicant shall secure @D |O number from the U.S. Environmental Protection Agency (EPA).
63. The owner/applicant shall deploy Best Management Practices during and after COn3L[U[tiOD.
Subdivision
64. The filed map shall comply with the latest edition of the state subdivision Map Act, the City of Downey Municipal Code and all the applicable state and local laws. Prior to recordation, the Applicant shall:
8) Prepare map under the direction of8Registered Civil Engineer authorized to practice land surveying, O[GLkcgOS8dL8Dd8U[V8yO[. The map must bB processed through the Dept. of Public Works prior to being filed with the County Recorder.
b) Apreliminary Title Report (or Gchain 0ftitle) prepared bvthe title company for the subdivision is required showing all fee interest holders and encumbrances. 12428Benedict Ave —PLN-21-OO147&PLN-22-OOO98
Resolution No. 23-3108
Downey Planning Commission
Aoupdated title report shall beprovided (not older than 00days) before the final tract/parcel map is released for filing with the County Recorder. o) Mnnum8nƒQtionVfthe map boundaries, street centerline and lot boundaries are required for map based on record of survey. In the absence Ofsuch record, 8licensed land surveyor shall set Upall the missing nDUOU08OtaUDn.
d\ Any required property in the form of easement, fee simple or irrevocable offer and any right Cfway vacation iOform accepted bvthe city engineer shall bB shown QOthe map.
Recycling
65. The facility must provide for recycling facilities, i.8,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. 8G. Complete a construction 8idemolition (C&O)waste management plan per Article \( Chapter 8 of the Downey Municipal Code.
67. ConstructVnsite pavement, consisting ofaminimum section 0f4rthick aggregate base, and aminimum 2-1/2"thick asphalt concrete pavement. Construct Pavement on -site parking and circulation areas aSrequired by a pavement engineering OrgeQteChOiC8| report prepared b-a Registered Civil Engineer, subject tothe review and approval of the Public Works and Community Development O8pa[tDl8OtS.
68. The OvVDer/8pp|iCGOt must comply with all applicable Federal, State and |0Ca| [u|SS and regulations, American Disabilities Act including compliance with South Coast Air [}Oa|itv Management District (SC/\[>K4[l) regulations.
GQ. The OvvDGr/8pp|iC8Otshall submit @ recorded Dly|G[copy 0fthe final map, 8digital Aub]CADformat file 0\LdOCAD2D12Q[later) and scanned, uncompressed TIFF images of final mop on a portable media for oitv'a G|S system data updates and maintenance.
70. The owner/applicant shall submit @0 | copy Ofthe final as -built public improvement p|8M(S).@digital AU[DCAOformat file (AUtOCAO2012orlater) and scanned, uncompressed TIFF images of final map on a portable media for city's GIS system data updates and maintenance.
[End of Conditions]
12428Benedict Ave —PLN- 1'00147&PLN-22-00898