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HomeMy WebLinkAbout2. PLN-14-00003 8619 Firestone Bl STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MARCH 19, 2014 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-14-00003 (SITE PLAN REVIEW AND MINOR CONDITIONAL USE PERMIT) – A REQUEST TO CONSTRUCT A NEW 2,600 RESTAURANT (THE HABIT BURGER GRILL) WITH AN OUTDOOR DINING AREA. LOCATION: 8619 FIRESTONE BLVD (AIN 6254-031-017) ZONING: C-3 (CENTRAL BUSINESS DISTRICT) REPORT SUMMARY The proposed request is to allow for the construction of a new 2,600 square restaurant, which will have a 665 square foot outdoor seating area. The site layout, parking, and landscaping was previously approved by the Planning Commission on September 18, 2013. The new Site Plan Review application allows the Planning Commission to review the building architecture, and the Minor Conditional Use Permit will allow the outdoor dining area. Based on the analysis contained within this report, staff feels that all required findings to approve the project can be made in a positive manner; as such, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW AND MINOR CONDITIONAL USE PERMIT (PLN-14-00003), THEREBY ALLOWING THE CONSTRUCTION OF A 2,600 S.F. RESTAURANT WITH AN OUTDOOR DINING AREA ON PROPERTY LOCATED AT 8619 FIRESTONE BLVD, ZONED C-3 (CENTRAL BUSINESS DISTRICT). BACKGROUND The subject site is an irregular shaped 2.26-acre parcel that is located on the north side of Firestone Blvd, east of Patton Rd. The subject site has a General Plan Land Use Designation of General Commercial and is zoned C-3 (Central Business District). The site is currently vacant, but was previously improved with an approximate 36,000 s.f. single story building that was occupied by Verizon (formerly GTE). The Verizon building was originally constructed in 1959 and was demolished in 2012. This building was primarily used as an office building. On September 18, 2013, the Planning Commission approved a Site Plan Review and Conditional Use Permit (PLN-13-00147) to allow the construction of a 4,711 square foot restaurant on the site with a drive-thru and outdoor eating area. The approved site layout included a second building pad, which is the subject of this application. In addition to the two restaurants, the site will be SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 2 improved with 115 parking spaces (74 are required), 21,842 s.f. landscaped area (9,850 s.f. is required), and the site will be surrounded by a six foot tall block wall. Besides the Site Plan Review and Conditional Use Permit, the Planning Commission also approved a Tentative Parcel Map (PLN-13-00158) to subdivide the site into two separate lots. As of the time this report is written, the approved improvements are currently in Building and Safety Plan Check and should be ready to issue permits shortly. To the west of the subject site is a small retail building, which contains an optometrist office and a retail store, and Downey High School. The high school is also located on the north side of the subject site. To the east of the subject site is a two story office building. The retail and office buildings are within the C-3 (Central Business District) zone and have General Plan Land Use Designations of General Commercial; whereas Downey High School is dual zoned R-3 (Multi- Family Residential) and R-2 (Two-Family Residential). Downey High School has a General Plan Land Use Designation of Mixed Use for the entire site. Across Firestone Blvd (south side of the site) is a variety of commercial businesses, including a grocery store. Several retail establishments, and fast food restaurant. These properties have a General Plan Land Use Designation of General Commercial and are within the C-2 (General Commercial) zones. View of property from Firestone Blvd On January 6, 2014, the applicant (The Habit Burger Grill) submitted the request for a Site Plan Review and Minor Conditional Use Permit (PLN-14-00003) requesting to construct a 2,600 s.f. restaurant with an outdoor dining area on the second building pad of the site. The applications were deemed incomplete on February 5, 2014 due to missing information on the project plans. On February 7, 2014, the applicant submitted the final information needed for the request; as such, staff deemed the application complete on February 10, 2014. On March 6, 2014, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS Inasmuch as the Planning Commission has already reviewed and approved the site improvements, staff is only asking that they consider the second restaurant proposal, which is the subject of this report. The applicant will locate the restaurant on the second building pad on the site, which is located on the easterly half of the property. The proposal will include constructing a new 2,600 square foot restaurant that consists of a 1,198 square foot dining area and 1,402 square feet of work/storage area, which includes the kitchen, office, restrooms, storage, etc. On the south side of the building (facing Firestone Blvd) is a 665 square foot SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 3 outdoor dining area, which will be enclosed by a 36” tall rail and cable fence. The proposed development standards for the building are as noted in the following table: Development Standards Standard Requirement Proposed Lot Size 10,000 s.f. 38,781 s.f. Building Size N/A 2,600 s.f. Floor Area Ratio 3.0 0.07 Lot Coverage 50% 6.7% Building Height 105’ 25’ Setbacks Front 0’ 90’-6” Side (west) 0’ 159’ Side (east) 0’ 30’ Rear 46’ 195’-9” Building Separation 20’ 89’-10” Parking 74 spaces 115 spaces Landscape Area 9,850 s.f. 21,842 s.f. The proposed architecture of the building is contemporary, with the use of stucco siding with wood accents. Additionally, the applicant is proposing large fabric awnings above the storefront framing and the use of a copper and a stainless steel flashing for the cap of the building. In order to further improve the appearance of the building, the applicant has incorporated articulation in the façade, the use of contrasting colors, large storefront windows, and a multiple height parapet. Specifically, the proposed finished materials/colors will be as follows: Finished Material Element Material Brand Color Façade Stucco Benjamin Moore Paint Davenport Tan Façade Stucco Benjamin Moore Paint Putnam Ivory Trim Stucco Benjamin Moore Paint Saddle Brown Trim Stucco Benjamin Moore Paint To Match Wood Accents Wood Timbertech Pacific Teak Building Cap Metal TBD Copper Building Cap Metal TBD Stainless Steel Awning Fabric Firesist Burgundy Front (south) Elevation SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 4 Side (west) Elevation Staff is satisfied with the proposed architectural style of the building. It is staff’s opinion that this building will be complementary to the architecture previously approved Chick-fil-A on the site, as well as, other properties in the area. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In-Fill Development Projects). 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 32 exemptions are intended to encourage redevelopment of sites, while avoiding environmental impacts. Specifically, projects that qualify for this exemption meet the following five (5) criteria: 1) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services. It is staff’s opinion that the proposed project meets all five criteria set forth in Guideline Section 15332 to qualify for the Class 32 exemption. FINDINGS Site Plan Review Since the applicant is proposing a new commercial building; the Municipal Code requires that the Planning Commission approve a Site Plan Review. Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted prior to the Planning Commission approving the Site Plan Review. A discussion of the findings follows: SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 5 A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed restaurant will satisfy these needs by providing a quick service eating establishment for those who live and work in the area. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval does not create a specific plan, staff believes that it contributes to achievement of this goal by providing an additional restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” It is staff’s further opinion the proposed improvements will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. For these reasons, staff is of the opinion that approval of project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the Zoning Code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C-3 (Central Business District) zone, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed project meets both of these goals by providing a restaurant that can provide quick food service to those who live, work, and travel through the area. Furthermore, staff feels that this approval will allow the second building pad on the site to be improved thus improving the streetscape of Firestone Blvd. Staff is of the further opinion that the conditions of approval will let the project be constructed while avoiding significant impacts to the area. C. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The site is currently vacant and void of landscaping. The applicant’s proposal will include the construction of a new restaurant with a contemporary architectural style, which includes the use of multi-colored stucco on the facades and wood accents. Furthermore, the site will be improved with a variety of landscaping that will give the site a pleasant visual appearance. It is staff’s opinion that the combination of the landscaping and architectural style will serve to enhance the site and the entire area. Staff furthermore feels that the proposed architecture will integrate with the existing architecture of other buildings in the area. SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 6 D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The proposed project will allow the construction of a restaurant on the second building pad at the subject site. The proposal exceeds all requirements for parking and on site landscaping, which in staff’s opinion has been designed to facilitate movement on the site and minimize points of conflict. Finally, the site will have sufficient parking lot illumination to ensure a hazard does not occur at night. Based on this, staff is of the opinion that the applicant has taken into consideration proper pedestrian and vehicle circulation in designing the site. Staff is of the further opinion that the use of landscaping along the front setback will give a proper visual effect of the site from the street. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there are a virtual plethora of architectural styles, particularly in this area. The proposed architecture is a contemporary architectural style, which includes the use of multi-colored stucco on the facades and wood accents. After a review of other buildings in the area, staff noted that this style is not prevalent in the area. Nevertheless, it is staff’s opinion that the finished materials and colors being proposed by the applicant will allow the buildings to blend nicely with the architectural styles of the other buildings; most particularly, the Chick-fil-A that was previously approved on the site. Staff is of the opinion that the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area and that this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. F. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. It is staff’s opinion this project will upgrade the property of the immediate area. Furthermore, staff believes that the use of large canopy trees and block walls along the property lines will provide proper screening for the adjoining uses. Based on this, it is staff’s opinion the project will upgrade the property and promote the public health, safety, and welfare of those who work or reside in the area. G. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. As part of this project staff is recommending several conditions of approval, which include the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, staff has recommended an additional condition of approval that the applicant have it removed within 48 hours of application. With these conditions, staff feels that the design features will include be in accordance with Section 4960 of the Municipal Code. SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 7 Minor Conditional Use Permit The Minor Conditional Use Permit is required for the outdoor dining area. Pursuant to Municipal Code Section 9814.08, there are three (3) findings that must be adopted prior to the Planning Commission approving the Minor Conditional Use Permit. A discussion of the findings follows: A. That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed restaurant will provide these needs by providing a quick service eating establishment for those who live and work in the area. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval does not create a specific plan, staff believes that it contributes to achievement of this goal by providing an additional restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” It is staff’s further opinion the proposed improvements will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. For these reasons, staff is of the opinion that approval of this project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. B. That the proposed activity or use is consistent with other provisions of the Zoning Code. One of the purposes of the Zoning Code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C-3 (Central Business District) zone, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed project meets both of these goals by providing a restaurant that has been designed in a manner that will enhance the streetscape and provide quick food service to those who live, work, and travel through the area. Furthermore, even with the proposed outdoor dining area, the proposed project meets or exceeds all standards set forth in the Zoning Code. Staff is of the further opinion that the conditions of approval will let the project be constructed while avoiding significant impacts to the area C. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. As noted in the previous two findings, the proposed project is consistent with the goals and the General Plan and Zoning Code, all while meeting or exceeding every development standard set forth for the use and zone. It is staff’s opinion that the construction of the restaurant and outdoor eating area will not create a new condition or circumstance that is contrary to the public health, safety, or general welfare. SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 8 CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed project will not create significant adverse impact to the area, provided that all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all required findings can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Site Plan Review and Minor Conditional Use Permit (PLN-14-00003), subject to the recommended conditions of approval. SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 9 Exhibits Location Aerial Photograph SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 10 500’ Radius Zoning RESOLUTION NO. 14-______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW AND MINOR CONDITIONAL USE PERMIT (PLN-14-00003), THEREBY ALLOWING THE CONSTRUCTION OF A 2,600 S.F. RESTAURANT WITH AN OUTDOOR DINING AREA ON PROPERTY LOCATED AT 8619 FIRESTONE BLVD, ZONED C-3 (CENTRAL BUSINESS DISTRICT). 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 September 18, 2013, the Planning Commission approved a Site Plan Review and Conditional Use Permit (PLN-13-00147) to allow the construction of a 4,711 square foot restaurant on the site with a drive-thru and outdoor eating area. The approved site layout also included a second building pad, 115 parking spaces, 21,842 s.f. landscaped area, and various other site improvements (lighting, trash enclosures, etc.); and, B. On January 6, 2014, the applicant (The Habit Burger Grill) submitted the request for a Site Plan Review and Minor Conditional Use Permit (PLN-14-00003) requesting to construct a 2,600 s.f. restaurant with an outdoor dining area on Pad B of the site. After a diligent review of the plans, staff deemed the application incomplete due to missing information on the project plans on February 5, 2014; and, C. On February 7, 2014, the applicant submitted the final information needed for the request; as such, staff deemed the application complete on February 10, 2014; and, D. On March 6, 2014, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, E. The Planning Commission held a duly noticed public hearing on March 19, 2014, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In-Fill Development Projects). 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: 1. 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 and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed restaurant will provide these needs by providing a quick Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 2 service eating establishment for those who live and work in the area. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval is does not create a specific plan, it contributes to achievement of this goal by providing an additional restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The proposed improvements will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the Zoning Code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C-3 (Central Business District) zone, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed project meets both of these goals by providing a restaurant that can provide quick food service to those who live, work, and travel through the area. Furthermore, this approval will allow the second building pad on the site to be improved thus improving the streetscape of Firestone Blvd. Finally, the conditions of approval will let the project be constructed while avoiding significant impacts to the area. 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 site is currently vacant and void of landscaping. The applicant’s proposal will include the construction of a new restaurant with a contemporary architectural style, which includes the use of multi- colored stucco on the facades and a wood siding. Furthermore, the site will be improved with a variety of landscaping that will give the site a pleasant visual appearance. The combination of the landscaping and architectural style will serve to enhance the site and the entire 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 allow the construction of a restaurant on the second building pad at the subject site. The proposal exceeds all requirements for parking and on site landscaping, which has been designed to facilitate movement on the site and minimize points of conflict. Finally, the site will have sufficient parking lot illumination to ensure a hazard does not occur at night. 5. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there are a virtual plethora of architectural styles, particularly in this area. The proposed architecture is a contemporary architectural style, which includes the use of multi-colored stucco on the facades and wood accents. After a review of other buildings in the area, it has been found that this style is not prevalent in the area. Nevertheless, the finished materials and colors being proposed by the applicant will allow the buildings to blend nicely with the architectural styles of the other buildings; most particularly, the Chick-fil-A that was previously approved on the site. Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 3 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. This project will upgrade the property of the immediate area. Furthermore, the use of large canopy trees and block walls along the property lines will provide proper screening for the adjoining uses. Based on this, the project will upgrade the property and promote the public health, safety, and welfare of those who work or reside in the area. 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. As part of this project several conditions of approval have been included to require the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, an additional condition of approval has been included to have the applicant have it removed within 48 hours of application. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Minor Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed restaurant will provide these needs by providing a quick service eating establishment for those who live and work in the area. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval is does not create a specific plan, it contributes to achievement of this goal by providing an additional restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The proposed improvements will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. 2. That the proposed activity or use is consistent with other provisions of the Zoning Code. One of the purposes of the Zoning Code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C-3 (Central Business District) zone, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed project meets both of these goals by providing a restaurant that can have has been designed in a manner that will enhance the streetscape and provide quick food service to those who live, work, and travel through the area. Furthermore, even with the proposed outdoor dining area, the proposed project meets or exceeds all standards set forth in the Zoning Code. 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. As noted in the previous two findings, the proposed project is consistent with the goals and the General Plan and Zoning Code, all while meeting or exceeding every development standard set forth for the use and zone. Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 4 The construction of the restaurant and outdoor eating area will not create a new condition or circumstance that is contrary to the public health, safety, or general welfare. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves the Site Plan Review and Minor Conditional Use Permit (PLN-14-00003), 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 19th day of March, 2014. Robert Kiefer, 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 19th day of March, 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 5 SITE PLAN REVIEW AND MINOR CONDITIONAL USE PERMIT (PLN-14-00003) EXHIBIT A - CONDITIONS PLANNING 1) The approval of a Site Plan Review and Minor Conditional Use Permit (PLN-14-00003) allows the construction of a new 2,600 square foot restaurant (The Habit Burger Grill) with a 665 square foot outdoor dining area. 2) Approval of this Site Plan Review and Minor Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4) 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 notif y 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Site Plan Review and Minor Conditional Use Permit becomes valid. 6) The development standards for the site shall be as follows: Development Standards Standard Requirement Proposed Lot Size 10,000 s.f. 38,781 s.f. Building Size N/A 2,600 s.f. Floor Area Ratio 3.0 0.07 Lot Coverage 50% 6.7% Building Height 105’ 25’ Setbacks Front 0’ 90’-6” Side (west) 0’ 159’ Side (east) 0’ 30’ Rear 46’ 195’-9” Building Separation 20’ 89’-10” Parking 74 spaces 115 spaces Landscape Area 9,850 s.f. 21,842 s.f. Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 6 7) The outdoor dining areas shall be limited to the south side of the building, as noted in the approved set of plans. 8) At least two trash receptacles shall be provided in the outdoor dining area. 9) Any bollards on the site shall be decorative in nature and shall be approved by the City Planner. 10) The approved architectural style shall be as approved by the Planning Commission. The approved finished materials shall be as follows: Finished Material Element Material Brand Color Façade Stucco Benjamin Moore Paint Davenport Tan Façade Stucco Benjamin Moore Paint Putnam Ivory Trim Stucco Benjamin Moore Paint Saddle Brown Trim Stucco Benjamin Moore Paint To Match Wood Accents Wood Timbertech Pacific Teak Building Cap Metal TBD Copper Building Cap Metal TBD Stainless Steel Awning Fabric Firesist Burgundy 11) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 12) All signs shall comply with the requirements set forth in the Downey Municipal Code. 13) 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. Any graffiti applied on the site shall be removed by the applicant within 48 hours. 14) 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. Prior to the issuance of building permits, the applicant shall obtain approval of the final light design from the City Planner. 15) Prior to the final of building permits, all landscaping and irrigation shall be installed. The type, size and number of landscaping shall be as noted on the approved landscape plan. All landscape shall be installed and permanently maintained. 16) All above grade back-flow preventers, check valves, and transformers shall be painted green and screened from view from the public right-of-way. BUILDING 17) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 18) 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. Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 7 FIRE DEPARTMENT 19) Plans to be submitted through Building and Safety and shall comply with the most recent version or the California Fire Code, as adopted by the City of Downey; current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 20) 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. PUBLIC WORKS 21) All new onsite utilities shall be installed underground. 22) The facility design must provide for recycling facilities, i.e., storage and handling areas for recycling facilities. 23) 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. 24) 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 25) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 26) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water service line, meter, and meter box for each unit. 27) The owner/applicant shall furnish and install a (min. 1-inch) dedicated water service line, meter, and meter box for the landscaping irrigation system. 28) The owner/applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 29) The owner/applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements. 30) The owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. Resolution No. 14-_______ Downey Planning Commission SPR, MCUP (PLN-14-00003) – 8619 Firestone Blvd March 19, 2014 - Page 8 31) The owner/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. 32) The owner/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). 33) The owner/applicant shall furnish and install the public sanitary sewer improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate capacity for the site as approved by the Department of Public Works and CSDLAC. 34) The owner/applicant is responsible for coordinating with and payment to the City and CSDLAC for all sanitary sewer connection and capacity charges.