HomeMy WebLinkAbout3. PLN-12-00205 - 9250 LakewoodSTAFF REPORT
DATE: OCTOBER 3, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -12 -00205 (SITE PLAN REVIEW AND CONDITIONAL USE PERMIT) — A
REQUEST TO DEMOLISH AND RECONSTRUCT A MCDONALDS RESTAURANT
WITH DRIVE -THRU LANES AT 9250 LAKEWOOD BLVD, ZONED C -2 & P -B
(GENERAL COMMERCIAL & PARKING BUFFER).
CEQA
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. 15302 (Class 2,
Replacement or Reconstruction). 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 the California Environmental Quality Act. Class 2 consists of projects that
involve the replacement of existing structures on the same site, purpose, and capacity.
Inasmuch as the proposed building will occupy the same portion of the site and maintains the
same use and capacity, staff feels that this request qualifies for this exemption.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
• RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
• SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN -12- 00205), THEREBY
ALLOWING THE REPLACEMENT OF A 4,099 SQUARE FOOT RESTAURANT WITH A DRIVE -
THRU LANE WITH A NEW 3,796 SQUARE FOOT RESTAURANT WITH A DRIVE -THRU LANE,
INCLUDING DOUBLE ORDER LANES, ZONED C -2 & P -B (GENERAL COMMERCIAL &
PARKING BUFFER).
CODE AUTHORITY
The applicant is making his request pursuant to the provisions of Municipal Code Sections 9314.04
(Permitted Uses), 9406 (Drive -In Businesses), 9824 (Conditional Use Permit) and 9820 (Site Plan
Review). The Planning Commission's authority to consider the requested project is set forth in
Municipal Code Sections 9824 (Conditional Use Permits) and 9820 (Site Plan Review).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
9250 Lakewood Blvd
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location: 9250 Lakewood Blvd
AIN 6389 -001 -021 through 023
6389- 002 -019
2. Applicant Information
Applicant: Masood Elahi
Bickel Underwood Corp
3600 Birch Street, Ste 120
Newport Beach, CA 92660
Property Owner: Matthew Rodman
Furst Enterprises
8955 National Blvd, #100
Los Angeles, CA 90034
3. CEQA Determination: Categorical Exemption (Class 2)
4. Noticing Information
Applicant Notification: August 27, 2012
Required Action Date: October 26, 2012
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3. 2012 - Page 2
B. Surrounding Properties
North — The property to the north of the project site is improved with Dennis the Menace
Park. This property is split zoned between the R -1 7,500 (Single Family Residential) and
the O -S (Open Space) zones. The park has a General Plan Land Use Designation of
Open Space.
South — To the south of the project site, across Gallatin Rd, is the former Downey Ford
site. This property is zoned C -2 and has a General Plan Land Use Designation of
General Commercial.
East — To the east of the project site are single family homes. These properties are
either zoned R -1 7,500 (Single Family Residential) or R -1 10,000 (Single Family
Residential) and have a General Plan Land Use Designation of Low Density Residential.
West — The properties to the west of the subject site are located across Lakewood Blvd.
They are improved with a variety of commercial uses, are zoned C -2 (General
Commercial), and have a General Plan Land Use Designation of General Commercial.
BACKGROUND
The subject site is an approximate six acre parcel that is located on the northeast corner of
Lakewood Blvd and Gallatin Road. The site is improved with a multi- tenant retail center, which
includes a 35,687 s.f. grocery store; a 20,468 s.f. inline multi- tenant building; a 4,885 s.f. office
building; and three pad buildings that measure 237 s.f., 1,039 s.f. and 4,099 s.f. The site is zoned
C -2 (General Commercial); except for the easternmost portion of the site, which is zoned P -B
(Parking Buffer).
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October 3, 2012 - Page 3
C. Site Photographs
On July 27, 2012, the applicant submitted a Site Plan Review and Conditional Use Permit (PLN-
12- 00205) application, requesting to demolish the existing McDonald's restaurant and construct a
new 3,796 square foot McDonald's with a drive -thru lane. After a comprehensive review of the
request, staff deemed the application completed on August 27, 2012.
On September 20, 2012, notice of the pending application published in the Downey Patriot.
Furthermore, the notice was mailed to all property owners within 500' of the subject site.
DISCUSSION /ANALYSIS
The existing McDonald's is located on the southwest corner of the subject site and is the closest
building to the intersection of Lakewood Gallatin. The existing building 4,099 square feet and has a
single drive -thru lane. The order board for the drive -thru is located at the entrance and there is
room to stack approximately seven vehicles between the order board and the pick -up window. It
should be noted that the Municipal Code requires space to stack a total of eight cars (four before
the menu board and four between the menu board and pick -up window) for drive -thru restaurants.
In addition to the insufficient vehicle stacking, this McDonald's restaurant receives a large volume
of traffic utilizing the drive -thru, which results in vehicles queuing in the drive aisles and the creation
of obstructions to on -site circulation. This also includes vehicles queuing on the left side of the
drive aisle (facing into oncoming traffic).
In order to address the potential safety issue and to modernize the restaurant (including a
architectural style that is consistent with McDonald's current prototype), the applicant is proposing
to demolish the existing restaurant and construct a new restaurant that will include a drive -thru
lane. The new building will be 3,796 square feet and contain the kitchen, dining room, and public
restrooms. The new drive -thru utilizes a double order board configuration. Entry to the driveway is
on the west side of the building, with the vehicles driving along the south side of the building to one
of two order boards, then merging back together to the pick up window on the north side of the
building. Including the double order board, the drive -thru has an approximate length of 220' from
entrance to order boards (enough for 11 vehicles) and approximately 115' from order boards to
pick -up window (enough for five vehicles). The overall length allows 16 vehicles, which doubles
the amount required by the Municipal Code. A complete breakdown of the proposed
development's compliance with the Development Code is as follows:
Standard
Proposed
Code Requirement
Notes
Building Size
3,796 s.f.
N/A
Building Height
to parapet
20'
45'
to RCE
24' -7"
45' -0"
Setback
Lakewood BI (west)
26-10"
15'
After required dedication
Gallatin Rd south
34' -2"
15'
After required dedication
east
35-6"
15'
After Lot Line Adjustment
north
38'
0'
Landscaping
8,265 s.f.
2,173 s.f.
In addition to the aforementioned development standards, staff analyzed the parking of the
shopping center. Even though McDonald's sits on its own parcel, it is part of the overall
development and shares access and parking with the rest of the center. As part of the new
building, the shopping center will lose eight parking spaces, leaving a total of 329 parking spaces
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 4
on site. Based on staff's analysis of the parking required for all of the uses, only 314 spaces are
required, giving a 15 space surplus. It should be noted that this does not take into account joint
use parking (where a person can visit multiple businesses on one visit), which could give an
additional surplus of spaces.
The proposed architecture of the building is a contemporary commercial style that follows
McDonald's current prototype. This includes the use of stucco siding, porcelain tile, metal
canopies, and window glazing. Finished material and colors will be as followed:
Feature
Material Type
Color
Canopies
Metal
Pantone 123 (Golden Yellow
Roof cap elements
Metal
Pantone 123 Golden Yellow
Fascia Band,
Aluminum
Clear Anodized Aluminum
Trellis, & Wall Sconce
Aluminum
Clear Anodized Aluminum
Building Accents
Stucco
Benjamin Moore 2175 -10 (Aztec Brick)
Base Building
Stucco
Benjamin Moore 2173 -10 (Earthly Russet
Arcade & Hearth
Porcelain Tile
Eurowest Tile Brushstroke Oyster
Staff does note that the proposed architecture does not completely match the rest of the
shopping center. Staff is not concerned about the difference since this is a pad building, which
allows it to sustain its own appearance. Furthermore, staff believes that the applicant has taken
the necessary steps to ensure the proposed building is compatible with the remainder of the
shopping center. This includes the use of the "Earthly Russet" color on the base of the
proposed building, which closely matches the trim color used in the rest of the shopping center.
Staff is of the further opinion that the "Oyster" color tile compliments the beige used as the
building base in the shopping center. Staff is content with the proposed architecture and feels
that the design not only is compatible with the shopping center, but will provide an aesthetic
improvement to the streetscape and the area as a whole.
The final aspect of the applicant's proposal is the landscaping. As noted in the development
standards table above, the applicant is exceeding the minimum landscape requirements. The
applicant will be providing a variety of shrubs and ground cover on the McDonald's potion of the
site, which in staff's opinion blends nicely into the remainder of the property. The most
important aspect of the landscaping is the hedge that runs between the drive -thru lane and the
streets. Because cars in the drive -thru will be facing towards oncoming traffic on both
Lakewood Blvd and Gallatin Rd, the Municipal Code requires that the applicant maintain a
hedge between the height of 36" and 42" to prevent the headlights of the vehicles in the drive -
thru lane from shining into the eyes of drivers on Lakewood and Gallatin. To accomplish this,
the applicant is proposing to plant a hedge of Bottlebrush shrubs (Callistemon citrinus
`compacts), which in staff's opinion will create a solid hedge and can be easily maintained at the
required heights.
FINDINGS
Based on the requirements of the Municipal Code, the applicant is required to obtain approval of a
Site Plan Review prior to commencing construction on the site. Pursuant to Municipal Code
Section 9820.08, there are seven (7) findings required to approve the request. A discussion of
each is as follows:
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 5
1. 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 subject site has a General Plan Land Use Designation of General Commercial,
which is being implemented by the C -2 (General Commercial) zone. The goal of the
General Commercial area is intended to provide commercial development that is geared
to the entire city and surrounding areas. It is staff's opinion that a drive -thru restaurant
goes beyond the needs of the immediate neighborhood and provided a customer base
from surrounding areas. Furthermore, staff is of the opinion that the combined goals and
policies of the General Plan are to ensure the City is developed in a harmonious manner
that minimizes impacts to the public and environment. Approval of this project will
address on -site circulation issues, thus making the project more harmonious with the
surrounding uses.
2. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
The subject site is within the C -2 (General Commercial) zone. According to the Municipal
Code, "the C -2 Zone is intended to provide for and encourage the orderly development
of general commercial uses, with a wide variety of goods and services, for the residents
of the entire City, with provisions designed to ensure that such commerce will be
efficient, functionally related, and compatible with adjacent noncommercial
development." Inasmuch as, the fast -food restaurant is intended to serve the entire
community, rather than the local neighborhood, it is staff's opinion that the proposal is
consistent with the intent of the C -2 zone. Furthermore, staff is of the opinion that since
the proposal meets all of the development standards, it is being proposed in accordance
with the objectives of the zone.
3. The proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City.
The proposed project will correct on -site circulation deficiencies by allowing for new
drive -thru lanes that can accommodate enough vehicles, without creating vehicle
queuing in the drive aisles. Furthermore, as previously noted in this report, it is staff
opinion that the proposed architectural style and landscaping will complement the rest of
the shopping center. Staff feels that since the architectural design and landscaping will
complement and enhance the shopping center, the proposed project will allow the entire
property to integrate harmoniously into the area.
4. 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 proposed project will correct onsite circulation deficiencies by creating a new drive -
thru lane that can accommodate enough vehicles to satisfy the code requirements and
the needs of restaurant, without creating vehicle queuing in the drive aisles.
Furthermore, the use of landscaping along the drive -thru will prevent the headlights of
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3. 2012 - Page 6
the vehicles within the drive -thru from shining into vehicles on the public streets.
Accordingly, staff believes that 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 have been properly considered in this request.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
The proposed architectural style is a contemporary commercial style that follows
McDonald's current prototype. While the building will not completely match the rest of the
shopping center, it is staff's opinion that since this is a pad building it can sustain its own
appearance and be complementary to the rest of the shopping center. Furthermore,
staff believes that the applicant has taken the necessary steps to ensure the proposed
building is compatible with the remainder of the shopping center. This includes the use
of the "Earthly Russet" color on the base of the proposed building, which closely
matches the trim color used in the rest of the shopping center; and the "Oyster" color tile,
which complements the beige used as the building base in the shopping center. Staff
feels the proposed architecture is compatible with the shopping center and will provide
an aesthetic improvement to the streetscape and the area as a whole.
6. 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.
By eliminating the onsite circulation deficiency, the applicant has reduced potential
conflicts between vehicles and reduced overall hazards on site. It is staff's opinion that
this change significantly improve the on -site conditions affecting the public health, safety,
comfort, and welfare by providing safer vehicle and pedestrian access on the site.
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.
As part of the recommended resolution for approval, staff is recommending several
conditions of approval for this Site Plan Review. This includes the use of graffiti resistant
materials in the construction of the building (Condition of Approval No. 11). Furthermore,
should any graffiti appear on the site, staff has recommended a condition of approval
that the applicant remove it within 48 hours of application (Condition of Approval No. 12).
The Conditional Use Permit is required to allow the drive -thru to operate. Pursuant to Municipal
Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning
Commission approving a Conditional Use Permit. A discussion of the findings follows:
The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The subject site has a General Plan Land Use Designation of General Commercial,
which is being implemented by the C -2 (General Commercial) zone. The goal of the
General Commercial area is intended to provide commercial development that is geared
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3. 2012 - Page 7
to the entire city and surrounding areas. It is staff's opinion that a drive -thru restaurant
goes beyond the immediate neighborhood's needs and provides a customer base from
all surrounding areas. Furthermore, staff is of the opinion that the combined goals and
policies of the General Plan are to ensure the City is developed in a harmonious manner
that minimizes impacts to the public and environment. Approval of this project will
address on -site circulation issues, thus making the project more harmonious with the
surrounding uses.
2. 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 subject site is in a fully developed area of the City, with little to no vacant properties
in the immediate area. The proposed project will correct on -site circulation deficiencies
by allowing for new drive -thru lanes that can accommodate enough vehicles, without
creating vehicle queuing in the drive aisles, to meet the City's development standard.
Furthermore, the use of landscaping along the drive -thru will prevent the headlights of
the vehicles within the drive -thru from shining into vehicles on the public streets. Staff is
of the opinion that these changes will serve to protect surrounding land use and
encourage new development. Notwithstanding this, staff has proposed several
conditions of approval to prevent the use from being a burden unto others. Staff
believes that these conditions are necessary to avoid any adverse affects on the
adjoining properties.
3. 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 proposed drive -thru restaurant will occupy the same area as the existing restaurant,
but will allow the applicant to reduce impacts by providing sufficient vehicle capacity in
the drive -thru lane. In the design of the new building, the applicant meets or exceeds
every development standard that is required, without the need to variances or
deviations. Accordingly, staff believes that the subject has sufficient shape and size to
accommodate the proposed use.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
Access to the subject site is from Lakewood Blvd and Gallatin Rd. Staff has reviewed the
proposal and any potential increase in traffic caused by operation of the business. It is
staff's opinion that the surrounding streets and highways in the area have sufficient
capacity to accommodate the minimal increase in traffic that might be generated by the
business.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3. 2012 - Page 8
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed Site
Plan Review and Conditional Use Permit will not create an impact to those who live and work in
the area. Furthermore, staff feels that reconstruction of the restaurant and drive -thru lanes will
alleviate on -site traffic congestion and provide safer access for pedestrians and vehicles.
Finally, as noted above, staff believes that all of the findings required to approve the Site Plan
Review and Conditional Use Permit can be made in a positive manner. As such, staff is
recommending that the Planning Commission approve the Site Plan Review and Conditional
Use Permit (PLN -12- 00205), subject to the recommended conditions of approval.
H: \Community Development \Blumenthal\ Projects \McDonalds \PLN -12 -00205 (SPR CUP) \Staff Report_2012- 10 -3.doc
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 9
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SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 11
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE
PERMIT (PLN- 12- 00205), THEREBY ALLOWING THE REPLACEMENT OF A
4,099 SQUARE FOOT RESTAURANT WITH A DRIVE -THRU LANE WITH A
NEW 3,796 SQUARE FOOT RESTAURANT WITH A DRIVE -THRU LANE,
INCLUDING DOUBLE ORDER LANES, ZONED C -2 & P -B (GENERAL
COMMERCIAL & PARKING BUFFER).
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 July 27, 2012, the applicant submitted a Site Plan Review and Conditional Use
Permit (PLN -12- 00205) application, requesting to replace a 4,099 square foot
restaurant with drive -thru with a new 3,796 square foot restaurant with a drive -thru
lane, including double order lanes; and,
B. On August 27, 2012, staff deemed the application complete; and,
C. On September 20, 2012, notice of the pending application published in the Downey
Patriot. Furthermore, the notice was mailed to all property owners within 500' of the
subject site; and,
D. The Planning Commission held a duly noticed public hearing on October 3, 2012 and
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing adopted this resolution, subject to conditions of approval
(Exhibit A).
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. 15302 (Class 2, Replacement or
Reconstruction).
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:
The site plan is consistent with the goals and polices embodied in the General Plan
and other applicable plans and policies adopted by the Council. The subject site has
a General Plan Land Use Designation of General Commercial, which is being
implemented by the C -2 (General Commercial) zone. The goal of the General
Commercial area is intended to provide commercial development that is geared to
the entire city and surrounding areas. A drive -thru restaurant goes beyond the
needs of the immediate neighborhood and provides a customer base from
surrounding areas. Furthermore, the combined goals and policies of the General
Plan are to ensure the City is developed in a harmonious manner that minimizes
impacts to the public and environment. Approval of this project will address on -site
circulation issues, thus making the project more harmonious with the surrounding
uses.
Resolution No.
Downey Planning Commission
The proposed development is in accordance with the purposes and objectives of this
article and the zone in which the site is located. The subject site is within the C -2
(General Commercial) zone. According to the Municipal Code, "the C -2 Zone is
intended to provide for and encourage the orderly development of general
commercial uses, with a wide variety of goods and services, for the residents of the
entire City, with provisions designed to ensure that such commerce will be efficient,
functionally related, and compatible with adjacent noncommercial development. "
Inasmuch as, the fast -food restaurant is intended to serve the entire community,
rather than the local neighborhood, the proposal is consistent with the intent of the
C -2 zone. Furthermore, since the proposal meets all of the development standards, i
is being proposed in accordance with the objectives of the zone.
The proposed development's site plan and its design features, including architecture
and landscaping, will integrate harmoniously and enhance the character and design
of the site, the immediate neighborhood, and the surrounding areas of the City. The
proposed project will correct onsite circulation deficiencies by allowing for new drive -
thru lanes that can accommodate enough vehicles, without creating vehicle queuing
in the drive aisles. Furthermore, that the proposed architectural style and
landscaping will complement the rest of the shopping center. Since the architectural
design and landscaping will complement and enhance the shopping center, the
proposed project will allow the entire property to integrate harmoniously into the
area.
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 proposed project will correct on -site circulation deficiencies by
creating a new drive -thru lane that can accommodate enough vehicles to satisfy the
code requirements and the needs of the restaurant, without creating vehicle queuing
in the drive aisles. Furthermore, the use of landscaping along the drive -thru lane will
prevent the headlights of the vehicles within the drive -thru from shining into vehicles
on the public streets. Accordingly, 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 have been properly considered in
this request.
The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities. The proposed architectural style is a contemporary commercial style that
follows McDonald's current prototype. While the building will not completely match
the rest of the shopping center, as a pad building, it can sustain its own appearance
and be complementary to the rest of the shopping center. Furthermore, the applicant
has taken the necessary steps to ensure the proposed building is compatible with the
remainder of the shopping center. This includes the use of the "Earthly Russet" color
on the base of the proposed building, which closely matches the trim color used in
the rest of the shopping center; and the "Oyster" color tile, which complements the
beige used as the building base in the shopping center. This makes the architecture
is compatible with the shopping center and will provide an aesthetic improvement to
the streetscape and the area as a whole.
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 2
Resolution No.
Downey Planning Commission
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. By eliminating
the on -site circulation deficiency, the applicant has reduced potential conflicts
between vehicles and reduced overall hazards on site. This change will significantly
improve the on -site conditions affecting the public health, safety, comfort, and
welfare by providing safer vehicle and pedestrian access on the site.
7. 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. Several conditions of approval for this Site
Plan Review have been included to address this issue. This includes the use of
graffiti resistant materials in the construction of the building (Condition of Approval
No. 11). Furthermore, should any graffiti appear on the site, the applicant remove it
within 48 hours of application (Condition of Approval No. 12).
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings, regarding the Conditional Use Permit, the Planning Commission further
finds. determines and declares that:
The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof. The subject site
has a General Plan Land Use Designation of General Commercial, which is being
implemented by the C -2 (General Commercial) zone. The goal of the General
Commercial area is intended to provide commercial development that is geared to
the entire city and surrounding areas. A drive -thru restaurant goes beyond the
immediate neighborhood's needs and provides for a customer base from all
surrounding areas. Furthermore, the combined goals and policies of the General
Plan are to ensure the City is developed in a harmonious manner that minimizes
impacts to the public and environment. Approval of this project will address on -site
circulation issues, thus making the project more harmonious with the surrounding
uses
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 subject site
is in a fully developed area of the City, with little to no vacant properties in the
immediate area. The proposed project will correct on -site circulation deficiencies by
allowing for new drive -thru lanes that can accommodate enough vehicles, without
creating vehicle queuing in the drive aisles, to meet the City's development
standards. Furthermore, the use of landscaping along the drive -thru will prevent the
headlights of the vehicles within the drive -thru from shining into vehicles on the
public streets. These changes will serve to protect surrounding land use and
encourage new development. Notwithstanding this, several conditions of approval
have been included to prevent the use from being a burden unto others. These
conditions are necessary to avoid any adverse affects on the adjoining properties.
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 proposed drive -thru restaurant will occupy the same area as the existing
restaurant, but will allow the applicant to reduce impacts by providing sufficient
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 3
Resolution No.
Downey Planning Commission
vehicle capacity in the drive -thru lane. In the design of the new building, the
applicant meets or exceeds every development standard that is required, without the
need to variances or deviations. Accordingly, the subject has sufficient shape and
size to accommodate the proposed use.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Access to the subject site is from Lakewood Blvd
and Gallatin Rd. The surrounding streets and highways in the area have sufficient
capacity to accommodate the minimal increase in traffic that might be generated by
the business.
SECTION 5 . Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Site Plan
Review and Conditional Use Permit (PLN -12- 00205), subject to conditions of approval attached
hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of
the community and enable the Planning Commission to make the findings set forth in the
previous sections. The conditions are fair and reasonable for the accomplishment of these
purposes
SECTION 6 . The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3 rd day of October, 2012
Michael Murray, 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 3 rd day of October,
2012 by the following vote, to wit:
AYES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Theresa Donahue. Secretary
City Planning Commission
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3. 2012 - Page 4
Resolution No.
Downey Planning Commission
SITE PLAN REVIEW AND
CONDITIONAL USE PERMIT (PLN -12- 00205)
EXHIBIT A — CONDITIONS
PLANNING
1) The approval of this Site Plan Review and Conditional Use Permit (PLN -12- 00205)
allows for the construction of a of 3,796 square foot fast food restaurant with a dual
drive -thru lane on property located at 9250 Lakewood Blvd.
2) Approval of the Site Plan Review and Conditional Use Permit (PLN -12- 00205) shall not
be construed to mean any waiver of applicable and appropriate zoning regulations, or
any Federal, State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Downey Municipal Code shall apply.
3) The 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.
4) 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.
5) The applicant shall obtain approval of a Lot Line Adjustment to relocate the easterly
property boundary such that it is not located under the building. Said Lot Line
Adjustment shall be approved by the City Planner and recorded with the County of Los
Angeles prior to the issuance of building permits.
6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and
8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of
these hours.
7) The building shall comply with all of the following development standards:
Standard
Proposed
Notes
Building Size
3,796 s.f.
Building Height
to parapet
20 " -0"
to RCE
24' -7"
Setback
Lakewood BI (west)
26-10"
After required dedication
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 5
Resolution No.
Downey Planning Commission
Standard
Proposed
Notes
Gallatin Rd south
34' -2"
After required dedication
east
35' -6"
After Lot Line Adjustment
north
38'
Clear Anodized Aluminum
8) All lights on the property shall be directed, positioned, and /or shielded such that they do
not illuminate surrounding properties and the public right -of -way.
9) The approved architectural style and finished material shall be as noted in the approved
plans. Approved colors shall be as follows:
Feature
Material Type
Color
Canopies
Metal
Pantone 123 (Golden Yellow)
Roof cap elements
Metal
Pantone 123 Golden Yellow
Fascia Band
Aluminum
Clear Anodized Aluminum
Trellis, & Wall Sconce
Aluminum
Clear Anodized Aluminum
Building Accents
Stucco
Benjamin Moore 2175 -10 Aztec Brick
Base Building
Stucco
Benjamin Moore 2173 -10 (Earthly Russet
Arcade & Hearth
Porcelain Tile
Eurowest Tile Brushstroke Oyster
Changes to the facades and /or colors shall be subject to the review and approval of the
City Planner.
10) All roof mounted equipment shall be screened from view as seen from adjoining
properties and the public right -of -way. Additionally, any HVAC equipment mounted to
the ground shall be screened from view.
11) 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.
12) Any graffiti applied to the site shall be removed within 48 hours.
13) Drive -thru lanes shall maintain a minimum width of 12'.
14) All signs shall comply with the Planned Sign Program for the property and the
requirements of the Downey Municipal Code. The applicant shall take note that the two
menu boards (one within each drive -thru lane) are the maximum allowed under the
code. There shall be no pre -order or pre -sale signs located in the drive -thru.
15) Noise generated from the drive -thru speakers shall not exceed 65 db(A) as measured
from the property line.
16) The restaurant and drive -thru are permitted to operate 24 hours a day, seven (7) days a
week.
17) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
SPR & CUP (PLN -12- 00205)— 9250 Lakewood Blvd
October 3. 2012 - Page 6
Resolution No.
Downey Planning Commission
18) All above grade back -flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right -of -way.
19) The applicant shall comply will the following construction provisions of the Mitigation
Monitoring Program adopted for the General Plan EIR (SCH 2004031159):
a) Construction shall include suppression measures for fugitive dust and those
associated with construction equipment in accordance with SCAQMD Rule 403
and other AQMD requirements. Prior to issuance of each grading or demolition
permit, the project property owner /developer shall obtain the appropriate permits
from the SCAQMD and submit them to the City.
b) Construction shall adhere to the requirements of SCAQMD Rule 1403 (Asbestos
Emissions for Demolition / Renovation Activities) for projects where demolition is
anticipated.
C) Water all active construction areas at least twice daily.
d) Cover all haul trucks or maintain at least two feet of freeboard.
e) Pave or apply water four times daily to all unpaved parking or staging areas
f) Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
g) Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material
h) Suspend all operations on any unpaved surface if winds exceed 25 mph
i) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for
more than 96 hours after clearing is completed.
j) Require 90 -day low -NOX tune -ups for off -road equipment.
k) Limit allowable idling to 10 minutes for trucks and heavy equipment
I) Limit individual construction sites to less than 10 -acres for extended, continuous
construction.
m) Encourage car pooling for construction workers.
n) Wet down or cover dirt hauled off -site.
o) Encourage receipt of materials during non -peak traffic hours
20) All landscaping shall be installed prior to the final of building permits. The size, location.
and type of landscaping shall be planted as on the approved set of plans. All
landscaping shall be maintained in perpetuity. Additionally, the proposed hedge on the
south and west side of the drive -thru, which consist of the Callistemon citrinus
`compacta' (Bottle brush Shrub), shall be maintained at a height between 36" and 42 ", as
measured from the adjacent finished grade.
21) Any bollards installed on the site shall either be decorative (as approved by the City
Planner) or covered with a vinyl sleeve.
22) Bicycle racks shall be provided and maintained on the site. Final location of the bicycle
racks shall be approved by the City Planner.
BUILDING
23) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
24) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 7
Resolution No.
Downey Planning Commission
FIRE
25) Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
26) A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a 'Deferred Submittal" in which
additional requirements to meet the code may be added.
27) Knox box access to the building shall be provided.
28) All fire lanes shall be clearly identified including the use of red curbs and signs. All fire
access shall require turn around area for fire apparatus, as approved by the Fire Chief.
29) The Fire Department connection shall be within 50' of a fire hydrant, which is currently
located adjacent to the property on Lakewood Blvd.
30) All grills, fryers, ovens, and the like shall have a hood extinguishing system.
PUBLIC WORKS
31) The applicant shall obtain all necessary permits and approvals prior to commencing
work on or off site. All 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.
32) The owner /applicant shall dedicate 8' -0" along the Lakewood Blvd frontage and 9' -6"
along the Gallatin Rd frontage for right -of -way proposes to the standards of the City
Engineering Division. This shall include the necessary corner radius.
33) The owner /applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and /or Division 2 of the Government
Code of the State of California.
34) All on -site utilities to the restaurant shall be installed underground.
35) Prior to the issuance for building demolition permits, the applicant shall complete a
construction & demolition (C &D) waste management plan per Article V, Chapter 8 of the
Downey Municipal Code.
36) Prior to the issuance of permits, the applicant shall submit an engineered grading plan
and /or hydraulic calculations and site drainage plan for the site (prepared and sealed by
a registered civil engineer in the State of California) for approval by the Engineering
Division and Building and Safety Division. All lot(s) shall not have less than one (1 %)
percent gradient on any asphalt or non -paved surface, or less than one quarter (1/4 %)
percent gradient on any concrete surface. Provide the following information on plans:
topographic site information, including elevations, dimensions /location of
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 8
Resolution No.
Downey Planning Commission
existing /proposed public improvements adjacent to project (i.e. street, sidewalk, parkway
and driveway widths, catch basins, pedestrian ramps); the width and location of all
existing and proposed easements, the dimensions and location of proposed dedications;
(for alley dedications, show elevations of the four corners of the dedication and
centerline of alley, existing and proposed underground utility connections); the location,
depth and dimensions of potable water, reclaimed water and sanitary sewer lines;
chemical and hazardous material storage, if any, including containment provisions; and
the type of existing use, including the gross square footage of the building, and its
disposition.
37) Prior to the final of building permits, the applicant shall construct /install curb, gutter,
sidewalk, disabled ramps, portland cement concrete driveway approaches and
pavement along both property frontage to the standards of the Department of Public
Works. Any broken, uneven, or sub - standard curb, gutter, sidewalk, driveway, disabled
ramps and pavement, shall be replaced to the satisfaction of the Public Works
Department. Contact the Public Works Inspection Office at (562) 904 -7110 to have
these areas identified just prior to initiating a grading plan. The 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.
38) All driveway approaches shall be as wide as the driveway or parking aisle they serve.
All unused driveways shall be removed and reconstructed with full- height curb, gutter
and sidewalk.
39) All paving shall consist of a minimum section of 4" thick aggregate base, and a minimum
2 -1/2" thick asphalt concrete pavement.
40) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
owner /applicant shall provide a design that conveys all onsite drainage over a vegetative
swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain.
41) Prior to commencement of construction the applicant shall identify the point(s) of
connection for the sanitary sewer lateral(s) and confirm that sufficient capacity exists in
the publicly owned facilities in conformance with the requirements of the Department of
Public Works and the County Sanitation Districts of Los Angeles County ( CSDLAC).
Should the existing lateral and /or main have insufficient capacity to accommodate the
proposed development, the applicant shall install a sewer main and /or sewer lateral as
needed. The applicant shall provide that any design and improvements of sewers shall
be to the standards of the City Engineering Division. The applicant shall be advised that
septic systems are not acceptable. The applicant shall also be responsible for
coordinating with, and payment(s) to, the City and CSDLAC for all sanitary sewer
connection and capacity charges
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 9
Resolution No.
Downey Planning Commission
42) Prior to the final of building permits, all construction graffiti created as part of this project
in the public right -of -way shall be removed.
43) The applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box. Additionally, the applicant shall furnish and install a
separate (min. 1 -inch) dedicated water service line, meter, and meter box for the
landscaping irrigation system.
44) The 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.
45) Prior to the issuance of permits, the applicant shall confirm availability of adequate
fire /potable water flow and pressure in accordance with the Department of Public Works
and Downey Fire Department requirements. Should insufficient flow and pressure exist,
the 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.
46) The applicant shall furnish and install fire hydrant(s) and dedicated fire protection
lateral(s) including backflow devices, fire department connections and other
appurtenances as required by the Department of Public Works and the Downey Fire
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.
47) The owner /applicant shall furnish and install the public recycled water improvements,
including service line and meter, necessary to utilize recycled water for irrigation of
landscaping. This condition is intended to mean meter, service line, and on -site
improvements only. At such time that the City installs recycle water mains in Lakewood
and /or Gallatin, the City will connect to the recycled water improvements. Recycled
water improvements shall be in accordance with the requirements and standards of the
Department of Public Works, the County of Los Angeles Department of Health Services,
and the State of California Department of Health Services. The applicant is responsible
for all City, County and State plan review and on -site installation review and approval
fees pertaining to recycled water improvements.
48) The property owner shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
49) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit The owner /applicant shall provide
improvement plan mylars, record drawing mylars, and record drawing digital (AutoCAD —
latest edition) files in accordance with the requirements of the Department of Public
Works that have been signed by a civil engineer licensed in the State of California. Final
approval of new utilities shall be dependent upon submittal and approval of record
SPR & CUP (PLN -12- 00205) — 9250 Lakewood Blvd
October 3, 2012 - Page 10
Resolution No.
Downey Planning Commission
drawing mylars and scanned, uncompressed TIFF images of record drawings on a
CD /DVD -ROM media per City's GIS Requirements.
SPR & CUP (PLN -12- 00205)— 9250 Lakewood Blvd
October 3. 2012 - Page 11
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