HomeMy WebLinkAboutPC Resolution 15-2912RESOLUTION NO. 15 -2912
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -15 -00022 (CONDITIONAL USE PERMIT)
REGARDING A DRIVE -THRU LANE AND AN OUTDOOR DINING AREA, AND
SITE PLAN REVIEW OF THE DEVELOPMENT, DESIGN AND USE
STANDARDS FOR A STARBUCKS COFFEEHOUSE AT 7954 IMPERIAL
HIGHWAY
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 January 30, 2015, the Applicant submitted a Land Use Permit Application
(PLN -15- 00022) to facilitate the construction of a 1,850 square foot Starbucks
coffee shop with off - street parking spaces and landscaping on property at 7954
Imperial Highway.
B. PLN -15 -00022 involves the Planning Commission's consideration and approval of
the following a conditional use permit for a drive -thru lane and an outdoor dining
area, 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 -15 -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. 15-2912,
approving PLN 15- 00022.
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 32, Infill Developments).
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:
Conditional Use Permit
A. 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.
Resolution No. 15 -2912
Downey Planning Commission
The requested conditional use permit for the Starbucks coffee shop will not
adversely affect the purpose and intent of the Downey Municipal Code, or the
public convenience or general welfare of persons residing or working in the
neighborhood nearby because the proposed use is compatible with the
development patterns in the area, it is an appropriate use of land in the C -2
(General Commercial) zone, the size and shape of the subject property meet the
City's development standards for the C -2 zone, the use satisfies the parking
requirements for coffee facilities, and it provides appropriate vehicular access
from Imperial Highway and Paramount Boulevard.
The subject site has a General Plan Land Use Designation of General
Commercial, which is being implemented by the C -2 (General Commercial) zone.
The goal of the General Commercial area is intended to provide commercial
development that is geared to the entire city and surrounding areas. A drive -thru
restaurant goes beyond the needs of the immediate neighborhood and provides a
customer base from surrounding areas. Furthermore, staff is of the opinion that
the combined goals and policies of the General Plan are to ensure the City is
developed in a harmonious manner that minimizes impacts to the public and
environment. Approval of this project will address on -site circulation issues, thus
making the project more harmonious with the surrounding uses.
B. That the requested use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be
located. The proposed conditional use will not adversely affect the adjoining land
uses since the proposed use conforms to its C -2 zone development standards,
other uses in the vicinity are more intense than the coffee shop, and a restaurant
has existed on this site for more than thirty years, and because the coffee shop is
sufficiently removed from the residential properties to the south.
C. That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to the
particular area. The size and shape of the subject property is generally adequate
to allow for the Starbucks building, 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.
D. 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 at 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 staff's opinion that the surrounding streets
and highways in the area have sufficient capacity to accommodate the increase in
traffic that the use will generate.
The proposed project will help correct onsite circulation deficiencies by creating a
new drive -thru lane that can accommodate enough vehicles to satisfy the code
requirements and the needs of restaurant, without creating vehicle queuing in the
drive aisles. Furthermore, the use of landscaping along the drive -thru will prevent
the headlights of the vehicles within the drive -thru from shining into vehicles on the
public streets. Accordingly, the functional aspects of the site development, such
PLN -15 -00022 7954 Imperial Highway
March 18, 2015 - Page 2
Resolution No. 15 -2912
Downey Planning Commission
as automobile and pedestrian circulation, and the visual effects of the
development from the view of the public streets have been properly considered in
this request,
Site Plan Review
A. 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 the building as an attractive franchise -type
coffee shop with a unique, modern form. 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 attract business
and continue the revitalization efforts of Imperial Highway and the southerly region
of Downey.
B. -.,.,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 -15 -00022 proposes a 1,850 square foot Starbucks coffee shop to replace a
restaurant at the former Beach's Market commercial center. 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 -15 -00022
proposes is in accordance with the purposes and objectives of the C -2 Zone for
the following reasons: the proposed coffee shop is a use that 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 coffee shop will
create an attractive building and contribute to the revitalization of the commercial
property.
C. 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 -15 -00022 proposes seeks to follow the architectural style
Starbucks incorporates for its newest locations. The contemporary design utilizes
tower elements to emphasize the main entrance (on the south elevation) and the
pick -up window (on the North Elevation); horizontal wood siding, metal awnings and
PLN -15 -00022 7954 Imperial Highway
March 18, 2015 - Page 3
Resolution No. 15 -2912
Downey Planning Commission
canopies, green screens along the north elevation and in the outdoor patio area,
and faux windows to break up some of the wall elements and visual balance.
D.. 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 and the Starbucks coffee shop. Both streets are major arterials
serving Downey motorists. 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 a remodel of the former
Beach's Market building to accommodate a new store (Vallarta Market). The
driveway that is closest to the proposed Starbucks Market will remain. The parking
lot will be rearranged as part of the overall improvements to the overall site
resulting in improved circulation. This layout will benefit the Starbucks plan as it
provides landscaped planters that will direct motorists to the location. The
aforementioned drive -thru lane circles the building while remaining separate from
the Starbucks parking lot near the south side of the building.
E. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
Although the building PLN -15 -00022 proposes seeks to follow the architectural
style Starbucks incorporates for its newest locations, it will convey its own unique
style. Nevertheless, the design will be completely different from the building design
proposed for the modifications to the former Beach's Market building on the same
property. Nevertheless, the proposed building will incorporate common materials
and features found on many buildings in the vicinity.
F. 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 -15 -00022 proposes to upgrade a portion of the subject commercial property
by constructing a Starbucks coffee shop, 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.
G. 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.
PLN -15 -00022 7954 Imperial Highway
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Resolution No. 15 -2912
Downey Planning Commission
The Conditions of Approval for PLN -15 -00022 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 -15 -00022 (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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of March 2015,
Hector Lei' n, 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 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
LAI
Mary Ca anagh, Secretary
City Planning Commission
PLN -15 -00022 7954 Imperial Highway
March 18, 2015 - Page 5
Resolution No. 15 -2912
Downey Planning Commission
EXHIBIT A - CONDITIONS
PLN -15 -00022 (Conditional Use Permit and Site Plan Review)
1) This approval of PLN -15 -00022 (conditional use permit and site plan review) authorizes a
drive -thru lane and an outdoor dining area, and approves the building design and site
layout for a new Starbucks coffee shop at 7954 Imperial Highway. .
2) Approval of this PLN -15 -00022 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
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.
PLN -15 -00022 7954 Imperial Highway
March 18, 2015 - Page 6
Resolution No. 15 -2912
Downey Planning Commission
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 Fire 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) The_Applicant shall install a lockable gate and a roof structure on the trash enclosure.
18) The outdoor dining areas shall be enclosed by a solid decorative masonry wall or
decorative ornamental wrought iron fence not less than forty -two (42) inches in height
that does not impede pedestrian movement, ADA access, or access to adjacent
properties). No chain -link fences are allowed. The construction drawings for the
proposed project shall reflect this requirement.
19) The Applicant shall modify the North Elevation of the building by installing a faux window
to replace the easternmost green screen. The faux window shall match the appearance
of the adjacent windows in the same manner as the faux window provided on the south
elevation.
20) The Applicant shall provide a curved radius at the westernmost planter, adjacent to the
exit drive -thru lane..
21) The building plans shall indicate a solar ready area and roof access.
22) The Applicant shall provide color samples of the shaded umbrella to be installed on the
outdoor dining area.
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March 18, 2015 - Page 7