HomeMy WebLinkAboutPC Resolution 14-2870 RESOLUTION NO. 14-2870
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
I 16 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. 14-2870
Downey Planning Commission
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.
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March 19,2014-Page 2
Resolution No. 14-2870
Downey Planning Commission
L 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
L 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
i 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
I 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
L 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.
SPR,MCUP(PLN-14-00003)—8619 Firestone Blvd
March 19,2014-Page 3
Resolution No. 14-2870
Downey Planning Commission
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: Kiefer, Lujan, Morales, Flores and Rodriguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 14-2870
Downey Planning Commission
SITE PLAN REVIEW AND
MINOR CONDITIONAL USE PERMIT (PLN-14-00003)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval st uction of a new 2,600 square foot restaurant (The Habit Burger Grill) with
allows the co
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
L 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.
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"
L Building Separation 20' 89'-10"
Parking 74 spaces 115 spaces
Landscape Area 9,850 s.f. 21,842 s.f.
SPR,MCUP(PLN-14-00003)—8619 Firestone Blvd
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Resolution No. 14-2870
Downey Planning Commission
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. —
SPR, MCUP(PLN-14-00003)–8619 Firestone Blvd
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Resolution No. 14-2870
Downey Planning Commission
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.
I 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.
SPR,MCUP(PLN-14-00003)—8619 Firestone Blvd
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Resolution No. 14-2870
Downey Planning Commission
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.
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