HomeMy WebLinkAboutPC Resolution 15-2911RESOLUTION NO. 15 -2911
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -14 -00252 - A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO SELL ALCOHOL FOR OFF -SITE CONSUMPTION, A VARIANCE
FROM THE CITY OF DOWNEY VARIABLE HEIGHT AND YARD SETBACK
REQUIREMENTS FOR PROPERTIES ABUTTING RESIDENTIAL ZONES, AND SITE
PLAN REVIEW OF THE DEVELOPMENT, DESIGN AND USE STANDARDS TO
CONVERT THE FORMER BEACH'S SUPERMARKET INTO A VALLARTA
SUPERMARKET
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 December 15, 2014, the Applicant submitted a Land Use Permit Application
(PLN -14- 00252) to remodel a vacant grocery store building (Beach's Market) for a
new use (Vallarta's Supermarket) and to sell beer and wine for off -site
consumption at 7902 Imperial Highway in Downey.
B. PLN -14 -00252 involves the Planning Commission's consideration and approval of
the following a variance from the variable height and setback requirements for
commercial properties abutting residential zones, a conditional use permit to sell
alcoholic beverages for off -site consumption and site plan review to evaluate the
proposal's compliance with the City's development standards.
C. The subject property is zoned C -2 (General Commercial).
D. The General Plan designation of the subject property is GC (General
Commercial).
E. On March 5, 2015, notice of the pending public hearing for PLN -14 -00022 was
published in the Downey Patriot on and it was mailed to all property owners within
500 feet of the subject site on March 5, 2015.
F. The Planning Commission held a duly noticed public hearing on March 18, 2015,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No 15 -2911.
approving PLN 15- 00252.
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
comply with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15332 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at said
public hearings, the Planning Commission further finds, determines and declares that:
Resolution No. 15 -2911
Downey Planning Commission
Variance
A. Special conditions and circumstances exist which are pecu liar to the land,
structure and buildings involved on the subject property, which are not
generally applicable to other lands, structures, or buildings in the same
vicinity and zone.
PLN -14 -00252 proposes an addition to the building for the Vallarta market
expansion that would extend the building 25' -4" feet southward, resulting in a
building setback distance of only 28' -11" feet from the south property line and
from adjacent residential properties. It also proposes to construct a portion of the
building addition at twenty feet in height. Section 9314.06 of the Downey
Municipal Code requires a 46 -foot building setback for commercial properties
abutting residential zones; therefore, the proposed building addition would be
seventeen feet less than the minimum distance required. Code Section 9534 has
a provision that establishes a variable height limitation for commercial properties
when abutting residential properties.
Special conditions and circumstances exist, which are peculiar to the land,
structure and buildings involved on the subject property, which are not generally
applicable to other lands, structures, or buildings in the same vicinity and zone
because homeowners have been affected by the sights and sound associated
with loading activities at Beach's Market since 1967, and the proposed variance
offers an opportunity to mitigate these impacts. Truck deliveries have occurred at
the rear of the building all this time, so these residents have endured diesel
engines, vibration, truck emissions and visions of the trucks for 48 years. Another
store could take over the building without making any changes to it and thereby
perpetuate these conditions.
Since Beach's Market's establishment in 1967, homeowners have been affected
by the sights and sound associated with loading activities at the store. Truck
deliveries have occurred at the rear of the building all this time, so these residents
have endured diesel engines, vibration, truck emissions and visions of the trucks
for 48 years. The notion of moving the building closer to the residences and
creating a taller structure than the Code allows would seem to exacerbate the
situation; however, the proposal offers an opportunity to mitigate these impacts
for the following reasons: The enclosure wall blocks views of trucks backing into
the loading area and at twelve feet in height, it also minimizes truck noise and
sounds generated by loading activities. A two -foot grade differential exists
between the commercial properties and the residential properties below. This
disparity creates a seven to eight foot wall height as measured from the
residential side of the property line that increases the sound mitigation and
lessens the visual impact of the addition because the residents will see less of it;
and the variance allows the Staff added conditions of approval that can provide
even more protection to the residents -- such as limiting delivery hours, requiring
trees along the perimeter walls to block sound and views of the building,
prohibiting truck engines from idling, prohibit trucks from staging in the area
between the property line and the side of the building, and shielding light fixtures
to prevent glare
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 2
Resolution No. 15 72911
Downey Planning Commission
B. The literal interpretation of the provisions of the Zoning Code would deprive
the applicant of rights under the terms of the Zoning Code commonly
enjoyed by other properties in the same vicinity and zone in which the
property is located.
Section 9314 of the Downey Municipal Code establishes a minimum forty -six -foot
yard setback between abutting commercial and residential zoned properties.
PLN -14 -00252 proposes a setback distance of only 28' -11" between the
proposed loading area building extension and the property line that separates it
from the residences to the south. Even though the existing building and its
loading docks meet this requirement, the bays are open provide zero protection
from truck noise and loading activities. The proximity of the loading area has long
been a nuisance for persons living nearby and the proposed variance provides
the applicant an opportunity to reduce the noise significantly. However, the literal
interpretation of the provisions of the Zoning Code would prevent the applicant of
rights under the Zoning Code commonly enjoyed by others in the same vicinity
and Zone because unless the Applicant demolished a large portion of the building
they could not screen their outdoor activities from public view by a solid
decorative masonry wall not less than seven feet (7' -0 ") in height as Section 9314
requires. Nor could they mitigate noise to the same degree as the proposed
design offers. The purpose of the C -2 states that the Zone includes provisions
that are designed to ensure that activities within the zone will be compatible with
noncommercial development and to minimize any effects of older development,
heavy traffic or other operating characteristics. The literal interpretation of the
Zone would prevent that from happening.
3. Special conditions and circumstances do not result from the actions of the
applicant.
Special conditions and circumstances will not result from the actions of the
Applicant because the purpose of enclosing the loading area is to mitigate the
sound generated by delivery trucks in close proximity to residential properties.
Approving the variance subject to the conditions of approval will reduce noise and
visual impacts dramatically.
4. Granting the variance requested will not confer on the applicant special
privileges that are denied by the Zoning Code to other lands, structures or
buildings in the same vicinity and zone in which the property is located.
Granting the proposed variance will not confer special privileges upon the
applicant that the Zoning Code denies to other uses in the vicinity and zone
because the subject building was constructed in 1967, at time when the City's
development standards allowed truck loading docks to exist without screen walls.
There are several locations in the City where commercial properties affect
residential properties similarly. The proposed variance does not bring the loading
operation any closer to the residential properties. Instead, granting the variance
will greatly minimize the nuisances created by the proximity of the loading dock by
allowing a twelve -foot high wall to screen the noise and bock the view of the
trucks.
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 3
Resolution No. 15 -2911
Downey Planning Commission
5. The granting of such a variance will be in harmony and will not adversely affect
the General Plan.
Granting the proposed variance will be in harmony and will not affect the General
Plan because PLN -14 -00252 proposes walls to screen loading activities and
mitigate the impacts those activities have on adjacent residences, which is
consistent with General Plan Policy 1.3.1 , which reads: "Minimize or eliminate
conflicts where incompatible land uses are in proximity to each other." The
proposed variance does not bring the loading operation any closer to the
residential properties. Instead, granting the variance will greatly minimize the
nuisances created by the proximity of the loading dock by allowing a twelve -foot
high wall to screen the noise and bock the view of the trucks. This concept will
not adversely affect the General Plan because Program 1.3.1.3 states: "Promote
setback, wall, landscape, and other buffers to reduce conflicts where
incompatible land uses are in proximity. Also, approving the variance would allow
the Applicant to renovate an older commercial property and thereby be consistent
with the General Plan objectives regarding property maintenance; specifically,
Program 8.2.2.4 of Policy 8.2.2.1 which reads: "Encourage the upgrade of
property appearance during the development review process ".
6. The reasons set forth in the application justify the granting of the Variance
and that the variance is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
The reasons set forth in the application justify the granting of the variance,
because the subject building was constructed in 1967, at time when the City's
development standards allowed truck loading docks to exist without screen walls.
Consequently, this condition resulted in a nuisance for adjacent homeowners.
The reasons set forth to approve the variance application seek to eliminate the
noise and sight impacts caused by the unshielded loading docks that these
residential properties are exposed to.
Conditional Use Permit
1. That the requested conditional use permit will not adversely affect the
purpose and intent of this chapter or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The subject property is zoned C -2 (General Commercial) and its General Plan
designation is G -C (General Commercial). The requested conditional use permit
to allow the sale of beer, wine and distilled spirits for off -site consumption will not
adversely affect the purpose and intent of the Downey Municipal Code because
the C -2 zone is intended to provide for and encourage the orderly development of
commercial uses, with a variety of goods and services for residents of the entire
City, with provisions designed to ensure that such commerce will be efficient,
functionally related and compatible with adjacent non - commercial development
and because Table 9.3.5 of the Code lists liquor stores and other off -sale alcohol
establishments as uses that require a conditional use permit in the C -2 Zone.
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 4
Resolution No. 15 -2911
Downey Planning Commission
2. That the requested use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be
located.
The requested conditional use permit to operate the market with a Type 21
Alcohol Beverage Control license will not adversely affect the adjoining land uses,
because the proposed sale of beer, wine and distilled spirits is for off -site
consumption and because conditions of approval for this project will prohibit
customers from loitering. The subject property is developed with buildings and
off - street parking facilities in place and the adjacent properties are developed with
long established residential and commercial uses. Consequently, the proposed
use will not affect growth and development in the area.
3. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental
to the particular area.
The size and shape of the subject property is generally adequate to allow for the
building expansion, because the project area will occupy approximately 37,897
square feet of the 4.1 acres commercial site only and the rectangular- shaped
structure will contain 1,850 square feet of floor area. The size and shape of the
site is adequate to allow the project in a manner not detrimental to the particular
area because the site is fully developed.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
The subject site is on the south side of Imperial Highway, near the southwest
corner of Paramount Boulevard and Imperial Highway. This intersection is one of
the busiest in Downey and portions of both streets along both frontages of the
commercial property utilize medians to control vehicle movements. Nevertheless,
staff has reviewed the proposal and any potential increase in traffic caused by the
proposed use and it is staffs opinion that the surrounding streets and highways in
the area have sufficient capacity to accommodate the increase in traffic that the
use will generate.
Site Plan Review
1. That 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.
Those goals and policies of the Downey General Plan (Vision 2025) are
addressed as follows: Goal 2.5 of the Circulation Element is, "Address the
impacts from the lack of parking," while Policy 2.5.1 seeks to provide for adequate
parking to meet parking demands. The proposed site plan meets the minimum
quantity of off - street parking spaces required for retail uses and restaurants
(coffee shop) on the subject property. Goal 8.1 of the Design Element is "Promote
quality design for new, expanded and remodeled construction" and Policy 8.1.1
seeks to promote architectural design of the highest quality. The applicant
proposes to construct a contemporary commercial building that exemplifies
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 5
Resolution No. 15 -2911
Downey Planning Commission
Spanish design. Goal 9.1 of the General Plan is "Attract and retain businesses"
and Program 9.1.1.5 seeks to continue the revitalization of commercial and
industrial corridors. The proposed building will continue the revitalization efforts
of Imperial Highway and the southerly region of Downey.
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
PLN -14 -00252 proposes fagade improvements and additions to the former
Beach's Market building. The subject property is zoned C -2 (General
Commercial). The C -2 Zone is intended to provide for and encourage the orderly
development of general commercial uses, with a wide variety of goods and
services, for the residents of the entire City, with provisions designed to ensure
that such commerce will be efficient, functionally related, and compatible with
adjacent noncommercial development. The project PLN -14 -00252 proposes is in
accordance with the purposes and objectives of the C -2 Zone because the
proposed use is appropriate for the zone; the architectural design of the proposed
building addition will complement the shopping center and it will incorporate
exterior building materials that are commonly used for commercial construction;
and the proposed fagade improvements will create an attractive building and
contribute to the revitalization of the commercial property.
3. That 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 building PLN -14 -00252 proposes seeks to follow the "Spanish" architectural
style Vallarta incorporates at its other locations. The contemporary design utilizes
two tower elements to emphasize the main entrances (on the east elevation), stone
treatments, Mission tile roofs, green screens and a wooden trellis.
4. That 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.
Paramount Boulevard and Imperial Highway will provide vehicular access to the
shopping center. Both streets are major arterials serving motorists passing
through Downey. Currently, the subject property offers three driveways on
Imperial Highway and two driveways on Paramount Boulevard; however, one
driveway along Imperial highway will be closed as part of the remodel of the
former Beach's Market building to accommodate Vallarta's. The parking lot will be
rearranged as part of the overall improvements to the overall site resulting in
improved circulation.
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 6
Resolution No. 15 -2911
Downey Planning Commission
5. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
The building PLN -14 -00252 proposes seeks to follow the corporate Vallarta
architectural style. Nevertheless, the proposed building will incorporate common
materials and features found on many buildings in the vicinity, such as cement
plaster finishes, stone veneer, and Mission tile roofs.
6. That 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.
PLN -14 -00252 proposes to upgrade the subject commercial property by
remodeling the existing Beach's Market, and with new landscaping and parking
facilities. This proposal will improve property values in the vicinity, improve the
streetscape of Imperial Highway, and result in a contemporary structure that
complies with current Building Code and Fire Code regulations for structural
integrity and fire safety. The building design will complement the other buildings
on the subject property. It will result in an attractive project and should become an
impetus for neighboring commercial property owners to revitalize their property.
7. That 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.
The Conditions of Approval for PLN -14 -00252 will include a condition stating that
the design features will incorporate graffiti resistant materials.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby approves PLN -14 -00252 (Variance,
Conditional Use Permit and Site Plan Review) subject to the 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.
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 7
Resolution No. 15 -2911
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
18th day of March 2015.
ector Lu6K, C airman
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 18th day of March 2015,
by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS. Morales
ABSTAIN: COMMISSIONER: None
Mary Ca anagh, Secreta
City Planning Commission
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 8
Resolution No. 15 -2911
Downey Planning Commission
EXHIBIT A - CONDITIONS
PLN -14 -00252 (Variance, Conditional Use Permit and Site Plan Review)
1) This approval of PLN -14 -00252 (variance, conditional use permit and site plan review)
authorizes an addition to the south side of the building involving a new truck loading area
that is within the required setback distance and variable building height requirement;
architectural enhancements to the exterior elevations and site improvements; and the
selling of alcoholic beverages for off -site consumption, at 7902 Imperial Highway.
2) Approval of this PLN- 1400252 -00252 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 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) The Applicant shall comply with all conditions of approval set forth in this resolution
before the Conditional Use Permit becomes valid.
6) Noise generated from the proposed use shall comply with Municipal Code Section 4600
et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
7) All signs shall comply with the requirements set forth in the Downey Municipal Code.
8) The applicant shall remove any graffiti applied on the site within 48 hours.
9) All roof - mounted mechanical equipment shall be screened from view. The working
drawings shall include a cross - section detail to illustrate that the height of the building
parapet is sufficient to screen all roof - mounted equipment from view.
10) The Secretary of the Planning Commission is directed to certify the adoption of this
Resolution.
11) All developments in excess of $500,000 valuation that involve the construction or
reconstruction of light industrial, commercial or residential buildings (over 4 units) shall
be subject to the Public Arts Program. The Applicant shall either install public art on their
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 9
Resolution No. 15 -2911
Downey Planning Commission
property or pay a cash payment equal to the public arts fee in accordance with the City of
Downey Manual for Arts in Public Places. The Applicant shall verify compliance with this
condition by indicating the public art display on the site plan or paying the public art fee,
prior to the submitting building plans for plan check.
12) The Applicant shall incorporate anti - graffiti elements into the building design, such as
non - porous coatings on exterior wall surfaces, plant materials, and anti - graffiti film on
windows, subject to the approval of the City Planner.
13) Planting areas shall be maintained permanently, which includes proper watering,
pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement
of plants and other materials when necessary.
14) All new buildings to be constructed for any occupancy use shall be protected by an
approved Automatic f=ire Extinguishing System throughout, installed in accordance with
nationally recognized standards, when the total floor area of such building exceeds three
thousand six hundred (3,600) square feet. This provision shall also apply when said
building(s) have been vacated for one year or more ". DMC Section 3321.
14.5) The owner /applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans
and Specification for Public Works Construction and as modified by the City of Downey's
Standard Plans and Specifications.
15) The owner /applicant shall install all utilities underground.
16) The owner /applicant shall furnish and install the public recycled water improvements,
including extension and /or replacement of existing mains and associated facilities,
necessary to utilize recycled water for irrigation of landscaping, as reasonably required to
service the site.
17) Parking shall be prohibited along the south property line and the Applicant shall provide
"No Parking" signage to prohibit parking in this area.
18) The Applicant shall reconstruct the driveways of the shopping center to provide a radius
approach. The driveways require approvals and permits from the Downey Public Works
Department.
19) The Applicant shall install cypress trees along the south property line, to screen the truck
loading activity and to mitigate noise, extending 350 feet as measured from the west
property line..
20) The exterior light fixtures shall be shielded to prevent glare and light spillover onto the
adjacent residential properties.
21) Truck storage and staging are prohibited along the setback area adjacent to the south
side of the building and the southerly property line.
22) The hours of delivery shall be restricted to 8:00 a.m. to 9:00 p.m.
23) Delivery trucks engines shall not be allowed to idle within fifty feet of the south property
line.
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 10
Resolution No. 15 -2911
Downey Planning Commission
24) Alcohol sales shall only occur between the hours of business 7:00 a.m. to 11:00 p.m.,
seven (7) days a week.
25) Alcohol shall not be sold to persons under the age of 21.
26) The business operator shall not allow alcohol to be consumed on site.
27) The business operator shall not allow customers, or other persons, to loiter in front of the
business.
28) All signs shall comply with the requirements set forth in the Downey Municipal Code.
29) The applicant shall comply with and strictly adhere to all conditions of any permit issued
by the Alcohol Beverage Control ( "ABC ") to the applicant and any applicable regulations
of ABC.
30) A copy of the Conditional Use Permit and Police Permit shall be prominently posted on
the premises at all times. The applicant shall make available said copies upon request
by any Police Officer or other City official charged with the enforcement of the City's laws,
ordinances, or regulations.
31) The owner /applicant shall obtain all necessary plan approvals and permits.
32) The owner /applicant shall post an "Emergency Exit" sign above doorways to direct patrons
outside of the building, within 30 days of issuance of a certificate of occupancy for the store.
33) An approved Automatic Fire Extinguishing System installed in accordance with nationally
recognized standards shall protect the building throughout.
34) The owner /applicant shall install 10" address numerals on the exterior of the building.
PLN -14 -00252 7954 Imperial Highway
March 18, 2015 - Page 11