HomeMy WebLinkAbout3. PLN-14-00239 - 9516 Lakewood (The Commons)DATE: MAY 20, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-14-00239 (SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND
MITIGATED NEGATIVE DECLARATION) – A REQUEST TO
CONSTRUCT AN 18,144 SQUARE FOOT NEW COMMERCIAL
DEVELOPMENT (THE COMMONS AT GALLATIN ROAD)
LOCATION: 9516 LAKEWOOD BLVD
ZONING: C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER)
REPORT SUMMARY
The proposed development will occur on property that was formally occupied by a new car
dealership (Downey Ford). The project will include demolishing all existing structures on the
site to accommodate two new restaurant buildings. The first building contains 12,144 square
feet of floor area and is intended for a single restaurant use. The second building is a 6,000
square foot building that is intended for three restaurant uses. Based on the analysis contained
in this report and the attached Initial Study of Environmental Impacts, staff is recommending the
Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-
14-00239), THEREBY ALLOWING THE COMMONS AT GALLATIN ROAD
PROJECT, A NEW 18,144 SQUARE FOOT COMMERCIAL DEVELOPMENT
ON PROPERTY LOCATED AT 9516 LAKEWOOD BLVD, ZONED C-2
(GENERAL COMMERCIAL) AND P-B (PARKING BUFFER).
BACKGROUND
The subject site is 3.53-acre rectangular-shaped parcel that is located on the southeast corner
of Lakewood Blvd and Gallatin Road. The parcel has a 489 foot frontage along Lakewood Blvd
and a 160 foot frontage along Gallatin Road. Vehicle and pedestrian access to the site is
available through multiple drive approaches on both Lakewood Blvd and Gallatin Rd. The
property has a General Plan Land Use Designation of General Commercial. The majority of the
Agenda Page 1
parcel is zoned C-2 (General Commercial); however, the eastern 20’ and southern 60’ of the
parcel are zoned P-B (Parking Buffer).
The project site was formerly occupied by a new car dealership (Downey Ford), which ceased
operation in 2009. The original buildings were constructed in 1956 with additional buildings
being added during the 1960’s and 1970’s. The site is currently developed with five buildings
that include showroom, offices, and repair facilities. The total existing building area is 27,500
square feet. The remainder of the site is paved and was previously used for vehicle storage
and display area.
View of property from Lakewood and Gallatin
Surrounding properties include a single-family residential neighborhood to the east and south
sides of the project site. To the north of the project (across Gallatin) is ‘The Marketplace at
Gallatin Road’, a multitenant shopping center. The west side of the project site is bounded by
Lakewood Blvd. Across Lakewood is a vacant new car dealership. However, staff received an
application for a pending project for this site called ‘Downey Crossroads,’ which involves
demolishing more than half of the existing buildings and conducting a façade and interior
renovation to prepare for future retail uses. Furthermore, a new 3,186 square foot drive-thru
restaurant will be constructed on the southeast corner of the site. Finally on the northwest
corner of Lakewood Blvd. and Gallatin Rd. is a commercial development that includes a
restaurant and a small office building. This commercial development is surrounded by a 46-unit
townhome development.
On November 24, 2014, the applicant submitted a request for the Site Plan Review and
Conditional Use Permit to allow the project. As part of the application review, staff initiated a
peer review of the proposed architecture with ‘Studio One Eleven’, an architecture, landscape,
and urban design studio within the world renowned architectural firm ‘Perkowitz and Ruth’. A
detailed discussion of the peer review is contained later in this report.
On February 11, 2015, the applicant attended a neighborhood watch meeting to present the
project to the neighbors. Staff was in attendance at this meeting. Although it is not a required
component of the application process, the applicant wanted to elicit feedback from the
neighbors on the project. The neighbors expressed concerns about traffic, parking, security,
and had questions about the proposed tenants.
Agenda Page 2
On April 16, 2015, the applicant submitted the remaining information needed to process the
request to the City. Accordingly, staff deemed the application complete on April 23, 2015.
In accordance with the requirements of the California Environmental Quality Act, a notice of the
intent to adopt the Mitigated Negative Declaration was posted at the Los Angeles County
Recorder’s Office on April 28, 2015. Additionally, the notice of the pending public hearing was
published in the Downey Patriot and mailed to all property owners within 500’ of the subject site
on April 30, 2015.
DISCUSSION
The proposed project will demolish all existing structures on the site to accommodate two new
restaurant buildings. The first building (hereinafter ‘Building A’), which is located near the center
of the site, contains 12,144 square feet of floor area. As currently proposed, this building is
intended for a single restaurant use, with a large dining room, kitchen, and storage areas. The
building has a width of 170’-3¼” and a maximum depth of 83’-7”. Generally, the building has a
height of 18’ (as measured to the top of the parapet), but the entry tower extends to a height of
27’-6”. The trash enclosure is attached to the south side of the building and a loading dock is on
the east side of the building.
The proposed building architecture is a traditional design that has some contemporary
elements. This building will primarily be stucco siding; however the tower elements and the
wainscot will consist of stone. Specifically, the tower elements will use a lighter color stone than
the wainscot. Additionally, the tower features will have a sloped roof, which in staff’s opinion
adds to the architectural style. To reduce the mass of the building, the applicant utilizes varied
materials and colors, and includes a cornice cap, extensive windows, fabric awnings, and crook
neck lighting on the building. As previously noted, the proposed project was subject to an
architectural peer review by Studio One Eleven, a division of Perkowitz and Ruth. Overall,
Studio One Eleven was pleased with the proposed building architecture; however, they
recommended the use of a wood finish on the soffits and incorporation of low shrubs below the
windows. The applicant has incorporated these recommendations into their plans.
Rendering of ‘Building A’
Agenda Page 3
The second building (hereinafter ‘Building B’) is a 6,000 square foot structure that is located on
the northwest corner of the site (nearest to the intersection of Lakewood and Gallatin). This
building measures 111’-5” by 58’-6”. Building B measures 18’ to the top of the parapet and 24’
to the tower elements. As proposed, there will be three tenants occupying this building, each
with a 2,000 s.f. tenant space. A drive-thru lane is being proposed for the southernmost tenant
of this building. Access to the drive-thru will be on the north side of the site and will allow
vehicle movement along the north side, thence turning left along the west side of the structure.
The drive-thru will exit near the southwest corner of the building. This drive-thru, which can
accommodate 11 vehicles, will have the order board on the north side of the building (facing the
McDonalds across Gallatin) and the pick-up window on the west side building (facing
Lakewood). On the east side of this building is a 4,000 square foot plaza (The Commons),
which will accommodate an outdoor eating area for the uses, as well as, shaded seating and
bicycle storage for customers. Finally, a trash enclosure is located on the east side of the plaza
to be used by the tenants of the building.
Building B utilizes many of the same traditional architectural features that are incorporated into
‘Building A’. Nevertheless, this building is located near the street intersection; as such, the
applicant is providing additional architectural enhancements. Instead of the red fabric awnings,
the applicant is proposing a contemporary metal awning. Furthermore, the northwest corner of
Building B (facing the intersection) is being finished with a tile that will give the façade an
antiqued wood texture. The main concern with this building during the peer review was the
mass of the structure as seen from the intersection. To address the massing concern, Studio
One Eleven recommended that the mullion pattern be changed and recessed into the building.
Additionally, they recommended a change to the landscape along the drive-thru which provides
more color against the backdrop of the building. The applicant has incorporated these
recommendations into their project.
Rendering of ‘Building B’
In addition to the buildings, the developer is proposing to provide 242 parking spaces. Access
to the site is provided through one of four driveways, two of which are on Lakewood Blvd. and
two are on Gallatin Rd. Staff is aware of the Planning Commission’s preference for radius
return approaches on large development sites; however, the drive-approaches were recently
installed by the City as part of the Lakewood Blvd improvement project. Since these were
designed and approved as part of the Lakewood project and prior to staff incorporating this new
preference into developments, the City was unable to have the radius drive approaches
installed. Due to the moratorium on street work in this area (currently three years), the City is
unable to ask the developer to replace the drive approaches. Staff has reviewed the layout of
the parking lot and is satisfied with the on-site vehicle circulation. The design will allow for
constant forward movement of vehicles in all areas of the parking lot.
Agenda Page 4
The parking lot will be illuminated using 20’ tall LED light standards, which will provide ample
illumination at night to prevent security concerns. One additional benefit of the LED light
standards is they accommodate adjustments to the light direction to prevent light spillage. To
confirm the lights will not illuminate the right of way or neighboring properties, the applicant has
provided a photometric plan that demonstrates all lighting will be kept on site. Staff wants to
ensure the light standards are consistent with the traditional building architecture; accordingly,
staff is recommending a condition of approval that requires the light poles be round and to have
a decorative base.
A complete review of the development standards is in the following table:
As noted in the table above, the proposed project meets or exceeds all development standards
for the zone. This includes providing 22,108 s.f. of landscape area on the site, which is 14.7%
of the total site (10% is minimum required). The applicant has chosen a variety of trees, shrubs,
vines, and ground cover that will provide property line screening, shade, and color to the site.
This includes using Bottle Tree (Brachychiton populneus) and Brisbane Box (Tristania conferta)
along the eastern and southern property lines to provide additional screening for the adjoining
residences. Both of these tree species can reach a mature height in excess of 30’ with
canopies widths of 25’, which makes them ideal for property line screens. As part of the peer
review, Studio One Eleven reviewed the landscaping. They found that the plant palette is
complementary to the proposed architecture.
It is important to note that even though most of the proposed landscaping is drought tolerant,
the City has a recycled water main in Lakewood Blvd. In order to further water conservation
efforts, staff is recommending a mitigation measure in the environmental document (see
discussion below) to require the applicant to water all landscape areas with recycled water.
ENVIRONMENTAL ANALYSIS
In accordance with the provisions of the California Environmental Quality Act (CEQA), staff has
prepared an Initial Study for Environmental Impacts (attached) on the proposed project. During
this analysis staff looked at potential impacts from air quality, traffic, noise, and geology among
others. It was found that the project could have a potential significant impact on noise and
Utilities & Service Systems, unless impacts are mitigated.
Standard Requirement Site ‘Building A’ ‘Building B’
Lot
Area 10,000 s.f. ± 150,400 s.f. - -
Width 100’ ± 160’ - -
Depth 100’ ± 489’ - -
FAR 1.4 0.12 - -
Lot Coverage 50% 12% - -
Height 45’ - 27’-6” 24’
Setbacks
Front (Gallatin) 15’ - 229’ 24’-6”
Street Side (Lakewood) 15’ - 133’ 28’-3”
Rear (south) 46’ - 61’-7” 348’
Side (east) 46’ - 72’ 236’
Building Separation 20’ 142’ - -
Parking (includes parking for plaza) 221 242 - -
Drive-thru Queue 8 vehicles - - 11 vehicles
Landscaping 15,040 s.f. 22,108 s.f. - -
Agenda Page 5
Noise
The primary source of noise impacts are generated during the construction phase of the project.
This is due to the allowable construction hours in the City of Downey (7:00 a.m. to 9:00 p.m.,
seven days a week). Even though this noise impact is temporary in nature, it is possible to
mitigate the impacts to a level that is considered to be less than significant by limiting the
allowable hours of construction. A secondary potential significant source of noise was identified
as delivery vehicles idle in the loading area located on the east side of ‘Building A’. To mitigate
this impact, trucks can turn off their engines while deliveries are being made. In accordance
with the Initial Study, the following mitigation measures are being recommended to address
impacts to noise:
NOI01: Construction 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 activity on
Sundays.
NOI02: Trucks making deliveries shall turn off all engines and not be allowed to idle on
the site. A sign shall be posted in the loading area requiring all trucks to turn off
engines.
NOI03: Signs shall be posted in the parking lot to remind patrons to be courteous to
neighbors and keep noise down.
Utilities & Service Systems
With the ongoing drought in California and upcoming water reductions, a potential significant
impact was identified to water resources. Notwithstanding the fact that the applicant is using
drought tolerant landscaping, the amount of water that can be consumed by the large landscape
area could present an issue. Fortunately, the site is served by a recycled water main, which is
not subject to water reduction requirements. As such, the recommended mitigation measure is:
UTL01: All landscape areas on site shall be irrigated with recycled water.
Air Quality
Even though no significant impacts were found to air quality, the Initial Study identified
additional mitigation measures that should be included with the project. This includes the
following:
AIR01: The applicant shall comply with all mitigation measures contained in the City of
Downey General Plan (Vision 2025) regarding air quality impacts.
AIR02: During construction, the applicant shall comply with all BMP’s contained in
SCAQMD's Rule 403 for fugitive dust control.
With the implementation of these mitigation measures, it is staff’s belief that the project will not
have a significant effect on the environment. All of the proposed mitigation measures have
been included in the conditions of approval, giving them the force of law. As such, staff is
recommending the Planning Commission adopt the Mitigated Negative Declaration.
FINDINGS
Conditional Use Permit
The Conditional Use Permit is required for the outdoor dining area and the drive-thru lane.
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
Agenda Page 6
prior to the Planning Commission approving the Conditional Use Permit. A discussion of the
findings follows:
A. The requested Conditional Use Permit will not adversely affect the purpose and
intent of the zoning code 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 and
all uses are within the C-2 (General Commercial) zone. The intent of the land use
designation and zoning to provide commercial and service uses in the City that serves
the broadest community and regional needs. It is staff’s opinion that the proposed
restaurants will meet these needs by providing additional eating establishments for those
who live and work in the area. Furthermore, General Plan Policy 1.1.4 states “Provide
an appropriate amount of land area for people to acquire goods and services.” This
approval will provide additional eating opportunities to those who live and work in the
area. It is staff’s opinion that these restaurants will be complementary to the other
retail/commercial uses that are located in the vicinity of the project site. It is also a policy
of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” Staff is of
the further opinion the proposed improvements will not only upgrade the subject site by
removing the buildings that have fallen into disrepair, and will serve to upgrade all the
surrounding properties, by enhancing the streetscape. For these reasons, staff believes
the approval of this project is consistent with the goals, policies, programs, and land
uses of all applicable elements of the General Plan.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The subject site is within a fully developed area of the City, with little to no vacant
properties in the immediate area. More specifically, the surrounding properties are
improved with either residential or commercial developments. Staff has reviewed the
request and is of the opinion that the proposed development is designed in a manner
that will not impact the ability of the surrounding properties to grow and/or develop. This
is achieved by exceeding all requirements for setbacks, parking, and landscaping.
Notwithstanding this, staff has recommended several conditions of approval, which will
serve to mitigate any potential impacts on the neighboring properties.
C. 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 subject site is an approximate 3.53-acre lot that is currently improved with a vacated
car dealership. The proposed project will demolish all buildings on site to accommodate
the new buildings, a drive-thru lane, and an outdoor eating area. The proposed project
exceeds all development standards for the zone. It is staff’s opinion that the proposed
site layout allows for proper vehicle and pedestrian movement, while allowing for larger
setbacks and more landscaping than the code requires. Staff believes that this
demonstrates that the site has adequate size and shape to allow the full development of
the proposed use in a manner not detrimental to the particular area.
Agenda Page 7
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The subject site can be accessed via Lakewood Blvd or Gallatin Rd. In order to ensure the
project for would not have traffic impacts; the City of Downey prepared a traffic impact
analysis. This analysis included studying level of service at seven intersections in the City.
The result of the analysis was that the project would not create additional delay or worsen
the level of service at the studied intersections. Accordingly, there will be no undue burden
on the streets or highways in the area.
Site Plan Review
Since the applicant is proposing new structures on the site, 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:
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
all uses are within the C-2 (General Commercial) zone. The intent of the land use
designation and zoning to provide commercial and service uses in the City that serves
the broadest community and regional needs. It is staff’s opinion that the proposed
restaurants will meet these needs by providing additional eating establishments for those
who live and work in the area. Furthermore, General Plan Policy 1.1.4 states “Provide
an appropriate amount of land area for people to acquire goods and services.” This
approval will provide additional eating opportunities to those who live and work in the
area. It is staff’s opinion that these restaurants will be complementary to the other
retail/commercial uses that are located in the vicinity of the project site. It is also a policy
of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” Staff is of
the further opinion the proposed improvements will not only upgrade the subject site by
removing the buildings that have fallen into disrepair, but will serve to upgrade all the
surrounding properties, by enhancing the streetscape. For these reasons, staff believes
the approval of this 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 majority of the subject site is within the C-2
(General Commercial) zone, which intends 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 restaurants that
have been designed in a manner that will enhance the streetscape and provide food
service to those who live, work, and travel through the area. The remainder of the site is
within the P-B (Parking Buffer) zone, which was intended to separate commercial land
uses from adjoining residential use by limiting the zone to parking spaces and
landscaping. The applicant has only provided parking and landscape in the P-B portions
Agenda Page 8
of the site. Nevertheless, staff is of the 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 improved with a vacated car dealership, whose buildings have fallen
into disrepair. There is little landscaping currently provided on the site. The applicant’s
proposal includes the construction of new buildings using a traditional architectural style,
with contemporary design elements. Furthermore, the applicant is proposing to utilize 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 further feels that the proposed architecture
will integrate with the existing architecture of other buildings in the area.
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 two buildings at the subject site, one of which will have a
drive-thru lane. This drive-thru lane has been located in a manner such that pedestrians
will not need to traverse it to get to the building. Furthermore, 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
applicant is proposing 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.
Consequently 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 for
the commercial developments in this area. The proposed architecture offers a traditional
architectural style, with some contemporary elements incorporated. An outdoor plaza
creates a pedestrian friendly urban commons space that promotes both an intimate and
quiet ambiance. Combined with a lush and colorful landscape, the project provides a
warm and inviting space for those who live and work in the area. Staff is of the opinion
that the proposed architecture will allow the buildings to blend nicely with the
architectural styles of the other buildings in the area; all while avoiding a monotonous
streetscape. Staff is of the further opinion that this project will upgrade the overall
appearance of the site and, in turn, improve the community appearance.
Agenda Page 9
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.
The site is currently improved with a vacated car dealership, whose buildings have fallen
into disrepair. There is little landscaping currently provided on the site. The proposed
landscape plan utilizes trees on the south and east side of the project that will reach a
mature height in excess of 30’ with canopies that reach 25’ wide. Staff believes that the
use of large canopy trees in conjunction with the increased setbacks for the buildings will
provide proper screening for the adjoining uses. As noted in previous finding, staff is of
the opinion that the project will serve to enhance the property and the streetscape.
When this is considered with the proposed landscape plan, staff’s opinion is the project
will 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.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report and the attached initial study, staff is
concluding that the proposed project is consistent with the goals and intent of the General Plan
and Zoning Code. Furthermore, staff is concluding that the architectural style of the buildings
will complement the area and provide a general upgrade to the aesthetic quality of the area.
Based upon the analysis contained in the Initial Study, staff has found that all potential
significant impacts can be mitigated. Finally, as noted above, staff believes that all findings
required for approving a Site Plan Review and Conditional Use Permit can be made in a positive
manner. As such, staff recommends that the Planning Commission adopt a Mitigated Negative
Declaration and approve the Site Plan Review and Conditional Use Permit (PLN-14-00239),
subject to the recommended conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Initial Study for Mitigated Negative Declaration of Environmental Impacts
D. Project Plans
Agenda Page 10
MAPS
Location
Aerial Photograph
Agenda Page 11
Zoning
Agenda Page 12
RESOLUTION NO. ___________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-
14-00239), THEREBY ALLOWING THE COMMONS AT GALLATIN ROAD
PROJECT, A NEW 18,144 SQUARE FOOT COMMERCIAL DEVELOPMENT
ON PROPERTY LOCATED AT 9516 LAKEWOOD BLVD, ZONED C-2
(GENERAL COMMERCIAL) AND P-B (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 November 24, 2014, the applicant submitted a request for the Site Plan Review and
Conditional Use Permit to allow the construction of a new commercial development on a
former new vehicle dealership site. Due to missing information on the project plans, staff
deemed the application incomplete; and,
B. On April 16, 2015, the applicant submitted the remaining information needed to complete
the application. Accordingly, staff deemed the application complete on April 23, 2015;
and,
C. In accordance with the requirements of the California Environmental Quality Act, a notice
of the intent to adopt the Mitigated Negative Declaration was posted at the Los Angeles
County Recorder’s Office on April 28, 2015; and,
D. On April 30, 2015, 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 May 20, 2015, 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 that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that unless mitigated the project could have a significant environmental
impact. As such the Initial Study/Mitigated Negative Declaration was circulated for public review
from April 30, 2015 to May 20, 2015. Based on its own independent judgment that the facts
stated in the initial study are true, the Planning Commission hereby adopts a Mitigated Negative
Declaration of Environmental Impacts. Mitigation measures have been included in the
conditions of approval of this resolution.
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 all uses are within the
Agenda Page 13
C-2 (General Commercial) zone. The intent of the land use designation and zoning to
provide commercial and service uses in the City that serves the broadest community and
regional needs. The proposed restaurants will meet these needs by providing additional
eating establishments for those who live and work in the area. Furthermore, General
Plan Policy 1.1.4 states “Provide an appropriate amount of land area for people to
acquire goods and services.” This approval will provide additional eating opportunities to
those who live and work in the area. These restaurants will be complementary to the
other retail/commercial uses that are located in the vicinity of the project site. 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 by removing the buildings
that have fallen into disrepair, but will serve to upgrade all the surrounding properties, by
enhancing 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
majority of the subject site is within the C-2 (General Commercial) zone, which intends 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 restaurants that have been designed in a manner that will enhance the
streetscape and provide food service to those who live, work, and travel through the
area. The remainder of the site is within the P-B (Parking Buffer) zone, which was
intended to separate commercial land uses from adjoining residential use by limiting the
zone to parking spaces and landscaping. The applicant has only provided parking and
landscape in the P-B portions of the site.
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 improved with a vacated car dealership, whose buildings have fallen into
disrepair. There is little landscaping currently provided on the site. The applicant’s
proposal includes the construction of new buildings using a traditional architectural style,
with contemporary design elements. Furthermore, the applicant is proposing to utilize 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. The proposed architecture will integrate with the existing architecture of
other buildings in 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 allow two buildings at the subject site, one of which will have a
drive-thru lane. This drive-thru lane has been located in a manner such that pedestrians
will not need to traverse it to get to the building. Furthermore, 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 applicant is proposing
sufficient parking lot illumination to ensure a hazard does not occur at night. Based on
this, the applicant has taken into consideration proper pedestrian and vehicle circulation
in designing the site. Consequently the use of landscaping along the front setback will
give a proper visual effect of the site from the street.
Agenda Page 14
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 for the
commercial developments in this area. The proposed architecture is a traditional
architectural style, with some contemporary elements incorporated. An outdoor plaza
creates a pedestrian friendly urban commons space that promotes both an intimate and
quiet ambiance. Combined with a lush and colorful landscape, the project provides a
warm and inviting space for those who live and work in the area. The proposed
architecture will allow the buildings to blend nicely with the architectural styles of the
other buildings in the area; all while avoiding a monotonous streetscape. This project
will upgrade the overall appearance of the site and, in turn, improve the community
appearance.
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. The site is currently improved
with a vacated car dealership, whose buildings have fallen into disrepair. There is little
landscaping currently provided on the site. The proposed landscape plan utilizes trees
on the south and east side of the project that will reach a mature height in excess of 30’
with canopies that reach 25’ wide. The use of large canopy trees in conjunction with the
increased setbacks for the buildings will provide proper screening for the adjoining uses.
As noted in previous finding, the project will serve to enhance the property and the
streetscape. When this is considered with the proposed landscape plan the project will
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 approval, several conditions of
approval, which include the use of graffiti resistant materials in the construction of the
building, have been included. Should any graffiti appear on the site, an additional
condition of approval that requires the applicant have it removed within 48 hours of
application. With these conditions, the design features will include be in accordance with
Section 4960 of the Municipal Code.
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:
1. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code 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 and all uses are within the
C-2 (General Commercial) zone. The intent of the land use designation and zoning to
provide commercial and service uses in the City that serves the broadest community and
regional needs. The proposed restaurants will meet these needs by providing additional
eating establishments for those who live and work in the area. Furthermore, General
Plan Policy 1.1.4 states “Provide an appropriate amount of land area for people to
acquire goods and services.” This approval will provide additional eating opportunities to
those who live and work in the area. These restaurants will be complementary to the
other retail/commercial uses that are located in the vicinity of the project site. It is also a
policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The
Agenda Page 15
proposed improvements will not only upgrade the subject site by removing the buildings
that have fallen into disrepair, but will serve to upgrade all the surrounding properties, by
enhancing the streetscape.
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 within
a fully developed area of the City, with little to no vacant properties in the immediate
area. More specifically, the surrounding properties are improved with either residential
or commercial developments. The proposed development is designed in a manner that
will not impact the ability of the surrounding properties to grow and/or develop. This is
achieved by exceeding all requirements for setbacks, parking, and landscaping.
Notwithstanding this, several conditions of approval have been included that will serve to
mitigate any potential impacts on the neighboring 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 subject site is an approximate 3.53-acre lot that is currently improved with a vacated
car dealership. The proposed project will demolish all buildings on site to accommodate
the new buildings, a drive-thru lane, and an outdoor eating area. The proposed project
exceeds all development standards for the zone. The proposed site layout allows for
proper vehicle and pedestrian movement, while allowing for larger setbacks and more
landscaping than the code requires. This demonstrates that the site has adequate size
and shape to allow the full development of the proposed use in a manner not detrimental
to the particular area.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The subject site can be accessed via Lakewood Blvd or
Gallatin Rd. A traffic impact analysis was prepared, which studied the level of service at
seven intersections in the City. The result of the analysis was that the project would not
create additional delay or worsen the level of service at the studied intersections.
Accordingly, there will be no undue burden on the streets or highways in the area.
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 adopts a Mitigated Negative Declaration
and approves the Site Plan Review and Conditional Use Permit (PLN-14-00239), 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.
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SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of May, 2015.
Hector Lujan, 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 20th day of May,
2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 17
MITIGATED NEGATIVE DECLARATION, SITE PLAN REVIEW,
AND CONDITIONAL USE PERMIT
(PLN-14-00239)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Mitigated Negative Declaration, Site Plan Review, and Conditional
Use Permit (PLN-14-00239) allows for the construction of the Commons at Gallatin
Road project. Specifically, the approval includes a 12,144 square foot commercial
building near the center of the site and a 6,000 square foot commercial building near the
northwest corner of the site. This approval also allows a drive-thru lane and 4,000 s.f.
plaza (outdoor dining area) to serve the 6,000 square foot building.
2) Approval of this Mitigated Negative Declaration, Site Plan Review, and Conditional Use
Permit (PLN-14-00239) 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) All exterior lights shall be LED and shall be directed, positioned, and/or shielded such
that they do not illuminate surrounding properties and the public right-of-way. Parking
lot light poles shall be round and have a decorative base. The style and size of the
decorative base shall be approved by the City Planner prior to building permit final.
6) The approved architectural style, finish material, and colors shall be traditional with
contemporary elements, as noted in the approved plans. Changes to the facades and/or
colors shall be subject to the review and approval of the City Planner. At his/her
discretion, the City Planner may refer changes to the facades and/or colors to the
Planning Commission for consideration.
7) All roof mounted equipment shall be screened from view as seen from adjoining
properties and the public right-of-way.
Agenda Page 18
8) Prior to the issuance of any permits for signs on the property, the applicant shall obtain
approval of a Planned Sign Program.
9) 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.
10) Any graffiti applied to the site shall be removed within 48 hours.
11) The development standards for the site shall be as follows:
12) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
13) 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. Irrigation of the landscape
areas shall be with recycled water only.
14) All above grade back-flow preventers, check valves, and transformers shall be painted
green and screened from view from the public right-of-way.
15) The outdoor dining areas shall be limited to the east side of the 6,000 s.f. building, as
noted in the approved set of plans. There shall be at least one trash can provided per
tenant that utilizes the outdoor dining area.
16) Any bollards on the site shall be decorative in nature and shall be approved by the City
Planner.
Standard Requirement Site ‘Building A’ ‘Building B’
Lot
Area 10,000 s.f. ± 150,400 s.f. - -
Width 100’ ± 160’ - -
Depth 100’ ± 489’ - -
FAR 1.4 0.12 - -
Lot Coverage 50% 12% - -
Height 45’ - 27’-6” 24’
Setbacks
Front (Gallatin) 15’ - 229’ 24’-6”
Street Side (Lakewood) 15’ - 133’ 28’-3”
Rear (south) 46’ - 61’-7” 348’
Side (east) 46’ - 72’ 236’
Building Separation 20’ 142’ - -
Parking (includes parking for plaza) 221 242 - -
Drive-thru Queue 8 vehicles - - 11 vehicles
Landscaping 15,040 s.f. 22,108 s.f. - -
Agenda Page 19
17) Prior to the final of building permits, the applicant shall provide stamped, colored
concrete or pavers across the driveways. The stamped, colored concrete or pavers
shall be as approved by the City Planner.
18) Bicycle racks shall be provided on-site.
19) The order menu/speaker shall be on the north side of the building (facing Gallatin Rd).
There shall be no canopy or cover over the menu/speaker.
20) The applicant shall comply with all mitigation measures, as established by the Mitigated
Negative Declaration, shall be complied with at all times. This shall include:
a) Construction 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 activity on
Sundays.
b) Trucks making deliveries shall turn off all engines and not be allowed to idle on
the site. A sign shall be posted in the loading area requiring all trucks to turn off
engines.
c) Signs shall be posted in the parking lot to remind patrons to be courteous to
neighbors and keep noise down.
d) All landscape areas on site shall be irrigated with recycled water.
e) The applicant shall comply with all mitigation measures contained in the City of
Downey General Plan (Vision 2025) regarding air quality impacts, which includes:
i) Future development projects shall adhere to the requirements of
SCAQMD Rule 1403 (Asbestos Emissions for Demolition / Renovation
Activities) for projects where demolition is anticipated.
ii) Water all active construction areas at least twice daily.
iii) Cover all haul trucks or maintain at least two feet of freeboard.
iv) Pave or apply water four times daily to all unpaved parking or staging
areas.
v) Sweep or wash any site access points within 30 minutes of any visible dirt
deposition on any public roadway.
vi) Cover or water twice daily any on-site stockpiles of debris, dirt or other
dusty material.
vii) Suspend all operations on any unpaved surface if winds exceed 25 mph.
viii) Hydroseed or otherwise stabilize any cleared area which is to remain
inactive for more than 96 hours after clearing is completed.
ix) Require 90-day low-NOX tune-ups for off-road equipment.
x) Limit allowable idling to 10 minutes for trucks and heavy equipment.
xi) Limit individual construction sites to less than 10 acres for extended,
continuous construction.
xii) Encourage carpooling for construction workers.
xiii) Wet down or cover dirt hauled off-site.
xiv) Encourage receipt of materials during non-peak traffic hours.
f) During construction, the applicant shall comply with all BMP’s contained in
SCAQMD's Rule 403 for fugitive dust control.
BUILDING
21) 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.
Agenda Page 20
22) 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.
FIRE DEPARTMENT
23) 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.
24) 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.
25) 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
26) Prior to the issuance of building permits, the owner shall record an irrevocable offer to
dedicate eight (8’) feet for right of way purposes along the entire Lakewood Blvd
frontage and a corner cut-off right-of-way at the intersection of Lakewood and Gallatin.
Prior to recording, the Director of Public Works shall review and approve the irrevocable
offer to dedicate.
27) Prior to building permit final, the owner/applicant shall install three city standard
streetlights with LED street light fixtures along Gallatin Road frontage to match the other
Gallatin Rd street light improvements.
28) 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.
29) All new onsite utilities shall be installed underground.
30) The facility design must provide for recycling facilities, i.e., storage and handling areas
for recycling facilities.
31) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water
service line, meter, and meter box for each tenant space. Should the owner/applicant
need to install additional water meters, they shall be connected to the water main on
Gallatin Rd.
32) 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.
33) 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
Agenda Page 21
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 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; 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.
34) 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.
35) 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.
36) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
37) 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.
38) 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.
39) 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.
40) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
41) The owner/applicant shall furnish and install sanitary sewer lateral(s) and associated
Agenda Page 22
facilities within the public right of way in accordance with the requirements of the
Department of Public Works.
42) 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).
43) 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.
44) The owner/applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
45) 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 drawing mylars and scanned,
uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City’s
GIS Requirements.
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