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HomeMy WebLinkAboutPC Resolution 13-2852 RESOLUTION NO. 13-2852 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT APPLICATION PLN — 13—00064 AND APPROVING SAID APPLICTION, A REQUEST MODIFYING THE LAYOUT OF THE PARKING LOT AND DRIVE-THROUGH LANE OF THE IN-N-OUT BURGER AT 8767 FIRESTONE BOULEVRD AND PERMITTING IN-N-OUT TO ENLARGE ITS PARKING AREA AND LENGTHEN ITS DRIVE-THROUGH LANE BY CONVERTING FOR ITS USE THE ADJACENT PROPERTY, 11101 LAKEWOOD BOULEVARD, INTO A PARKING LOT. (APPLICANTS: IN-N-OUT BURGER AND PROGENY CAPITAL PARTNERS, LP) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. An application, Conditional Use Permit No. PLN No. 13-00064, was filed by Mr. John Puente, Jr. on behalf of the project applicants, In-N-Out Burger and Progeny Capital Partners, LP, to modify the parking layout and drive-through lane of the In-N- Out Burger at 8767 Firestone Boulevard and permit In-N-Out Burger to enlarge its parking area and lengthen its drive-through by converting for its use the adjacent property, 11101 Lakewood Boulevard, into a parking lot. In conjunction with this conditional use permit, Progeny Capital Partners filed an application to rezone the property at 11101 Lakewood Boulevard from Professional Office (CP) to Lakewood/Firestone Specific Plan. B. The Planning Commission held a duly-noticed public hearing on October 16, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No.13-2852, approving PLN No. 13-00064. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares: A. That the requested conditional use permit, PLN No. 13-00064, will not adversely affect the intent and purpose of this article or the City of Downey's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. In regards to the General Plan, the requested conditional use permit (CUP), a drive-through restaurant, is considered to be consistent with it. According to Section I.A.C., of the Lakewood/Firestone Specific Plan, the land uses permitted by Specific Plan SP-91-2, which includes drive-through restaurants, are consistent with the affected property's General Commercial General Plan designation. Another way the requested CUP is consistent with the General Plan is that project implementation will implement several General Plan programs and a General Plan policy. Additionally, the requested CUP is not expected to adversely impact people working or residing in the vicinity of the project site. The development plan is designed so the activities typically associated with the requested CUP will not carry over onto neighboring properties. Design measures incorporated into the project include property line buffers composed of block walls and landscaping featuring an uninterrupted screen of shrubs and trees. B. That 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 Resolution No. Planning Commission intent of the contemplated project is to improve traffic conditions at the project site, which in turn will improve traffic flow on the streets that provide access to the project site, Firestone and Lakewood Boulevards. Given these potential benefits, project implementation will have positive effect on growth and development in the area. C. That 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 project site exceeds the minimum area requirement for new lots in the zoning classification the applicant is seeking. The minimum area requirement for a new lot in the requested zone is 32,670 square feet, whereas the project site measures approximately 44,000 square feet, slightly more than an acre. As part of the development plan, the project applicant filed a request to rezone the smaller of the two lots comprising the project site to the Lakewood/Firestone Specific Plan (the other parcel already maintains the requested zone and the applicant intends to merge the properties after the decision-makers consider the entitlements now under consideration). The merged parcel should be more than adequate in size to accommodate the subject use. The project consists of an existing fast-food restaurant, with a drive-through lane, enlarging its parking area by taking over the adjoining property. Features that make up the development plan satisfy all development standards, and substantially exceed the minimum requirements for two critical features: required parking and the capacity of the drive-through lane. The minimum parking requirement for the restaurant is 30 spaces, compared to the 61 spaces that will be provided; the minimum vehicle stacking requirement for a restaurant's drive-through lane is 8 spaces, whereas the project's aisle will accommodate 15 spaces. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The project will not alter the traffic volumes of the fast-food restaurant use that's the subject of the development plan under consideration. Instead, the project consists of enlarging the parking lot and increasing the length of the drive-through lane of an existing restaurant. It does not involve increasing the size of the restaurant; consequently, the restaurant will generate the same amount of traffic regardless of the expanded parking facilities. Rather the parking lot expansion contemplated is expected to benefit the streets that provide access to the site. The expanded facilities will provide more onsite parking and drive-through lane capacity so vehicles accessing the site during the restaurant' peak hours won't queue as often into the adjoining streets. SECTION 3. The Planning Commission further finds, determines and declares that: A. An Initial Study and Negative Declaration were prepared for PLN No. 13—00064, In accordance with the provisions of the California Environmental Quality Act (CEQA), state CEQA Guidelines and the City of Downey's Procedures for Implementing CEQA. B. The Initial Study and proposed Negative Declaration were made available to the public for review and comment from September 18, 2013 to October 11, 2013. C. A public hearing was held by the Planning Commission of the City of Downey on October 16, 2013, at which time evidence was heard on the Initial Study and PLN--13--00064 Conditional Use Permit—In-N-Out Burger Planning Commission Meeting,10/16/13 2 Resolution No. Planning Commission proposed Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered the environmental documents, together with the comments received during the public review period. D. In view of the foregoing, the Planning Commission adopts the Negative Declaration prepared for PLN No. 13-00064, along with its findings and conclusions. . SECTION 4. Based upon the findings set forth in Sections 1, 2 and 3 of this Resolution, the Planning Commission of the City of Downey does hereby approve PLN No. 13-00064, subject to attached Exhibit A. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of Oc •ber $13. Louis Mor- es, Chairman City Pla ing 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 16th day of October 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ary C.vanagh, Secreta City Planning Commission PLN--13--00064 Conditional Use Permit—In-N-Out Burger Planning Commission Meeting, 10/16/13 3 Resolution No. Planning Commission EXHIBIT A—CONDITIONS OF APPROVAL PLN NO. 13–00064 (CONDITIONAL USE PERMIT) Planning Division 1. This approval is to modify the layout of the parking lot and drive-through lane of the In-N-Out Burger at 8767 Firestone Boulevard and allow In-N-Out to enlarge its parking area and lengthen its drive-through lane by converting the adjacent property for its use as a parking lot, as shown on the approved plans dated, July 19, 2013. Deviations or exceptions from this plan shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with a public notice and public hearing to assure compatibility with the purpose and intent of the Lakewood/Firestone Specific Plan No. 91-2 and Comprehensive Zoning Ordinance and to protect public health, safety and welfare. 3. If City approval is contingent upon any changes to the application's plans as submitted, the applicant shall submit three (3) copies of the revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the issuance of building permits. 4. All conditions of PLN No. 13–00064 (Conditional Use Permit) shall be complied with before this application becomes valid, unless otherwise noted. . 5. All developments in excess of$500,000.00 valuation that involve the construction or reconstruction of commercial uses shall be subject to the Public Arts Program. The Applicant shall either install public art on the property or pay a cash payment, not to exceed one hundred and fifty thousand dollars ($150,000.000), equal to the public arts fee in accordance with the City of Downey Manual for Art in Public Places. 6. The applicant agrees to indemnify and hold harmless, at applicant's expense, City and City Agents, officers and employees from and against any claim, action, or proceeding commenced within the time period 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 the City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity or any condition attached hereto. City shall promptly notify applicant of any such claim, action or proceeding to which the City receives notice and City will cooperate fully with applicant in 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, but such participation shall not relieve the applicant of the obligations of this condition. 7. PLN No. 13–00064 (conditional use permit) shall not become effective until and unless the City Council approves the rezone of the property located at 11101 Lakewood Boulevard from Professional Office (C-P) to the Lakewood/Firestone Specific Plan and any corresponding amendment to the Lakewood/Firestone Specific Plan. The approval of PLN No. 13–00064 shall not be construed as an approval of the rezoning of 11101 Lakewood Boulevard or an amendment to the Lakewood/Boulevard Specific Plan. 8. PLN No. 13–00064 (conditional use permit) shall not become valid and effective until or unless the applicant, In-N-Out Burger, becomes the record owner of the property at 11101 Lakewood Boulevard. PLN--13--00064 Conditional Use Permit—In-N-Out Burger Planning Commission Meeting,10/16/13 4 Resolution No. Planning Commission 9. PLN No. 13—00064 (conditional use permit) shall not become valid and effective until or unless the applicant records a lot merger with the Los Angeles County Register Recorder's Office merging lots located at 8767 Firestone Boulevard (APN 6254-028-055) and 11101 Lakewood Boulevard (APN 6254-028-055) in the City of Downey. 10. PLN No. 13—00064 shall not become valid and effective until or unless the City Council approves a summary vacation of the overlaying public alley and surplus Lakewood Boulevard right-of-way and said vacation is recorded with the Los Angeles County Register Recorder's Office. The approval of PLN No. 13—0064 shall not be construed as an approval of the summary vacation of the public alley and surplus Lakewood Boulevard right-of-way. 11. Applicant shall erect and permanently maintain a 7-foot decorative masonry wall above finished grade along the northerly property line of the affected site's northernmost property: 11101 Lakewood Boulevard. 12. For the required 10-foot wide planter along the westerly property line where it abuts residentially-zoned properties, the applicant shall plant with trees and shrubs, forming an uninterrupted screen foliage, not less than 10 feet no more than 15 feet in height at the time of planting and which grow to be not less than 15 feet no more than 20 feet in height at full growth. 13. For the required 5-foot wide planter along the project site's northerly property line, the applicant shall plant with trees and shrubs, forming an uninterrupted screen foliage, not less than 10 feet nor more than 15 feet at the time of planting and which grow to be not less than 15 feet no more than 20 feet in height at full growth. Public Works Conditions 14. 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. 15. The applicant shall dedicate seven feet (7') for right-of-way purposes along the frontage of 11101 Lakewood Boulevard (to match the existing 15-foot parkway width of the In-N-Out property at 8767 Firestone Boulevard) to the standards of the Engineering Division. 16. The owner/applicant shall be responsible for any costs associated with the alley way summary vacation and proposed improvements. 17. The owner shall install all new utilities underground. All existing poles and overhead utility lines along the west property line of 11101 Lakewood Boulevard and 8767 Firestone Boulevard shall be protected in place. 18. The owner/applicant shall provide and use recycled water for all landscape irrigation and other non-potable water needs (if approved by.LA County DHS and Downey) in cases where a recycled water main is located in the vicinity of the project site. 19. The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. PLN--13--00064 Conditional Use Permit—In-N-Out Burger Planning Commission Meeting, 10/16/13 5 Resolution No. Planning Commission Miscellaneous conditions: a. Provide proof establishing that the parcel was created in accordance with subdivision requirements for lot merger. b. The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and site drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. Proposed parking lot shall not have less than one (1%) percent gradient on any asphalt or non- paved surface, or less than one quarter(1/4%) percent gradient on any concrete surface. Provide the following information on plans: topographic site information, including elevations, dimensions/location of existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps), the width and location of all existing and proposed easements. 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 owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. c. 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. d. The owner/applicant shall install pavement, which consists of a minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt concrete pavement. e. The owner/applicant 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 Water Resources Control Board; the Standard Urban Stormwater Mitigation Plan (SUSMP); and Ordinance 1142 of the Downey Municipal Code (DMC). 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 so as to comply with the requirements of the Standard Urban Stormwater Mitigation Plan (SUSMP) and Municipal Separate Storm Water System; and is required to Certify and append Public Works standard "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). f. The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. • Utility easements g. The owner/applicant shall protect all existing utility easements in place. Building & Safety Division 20 Applicant shall obtain a demolition permit to raze the 2-story office building at 11101 Lakewood Boulevard. 21. Applicant shall obtain all necessary plan approvals and permits. H:planning/msell/InNOut/cupreso PLN--13--00064 Conditional Use Permit—In-N-Out Burger Planning Commission Meeting, 10/16/13 6