HomeMy WebLinkAboutPC Resolution 15-2915RESOLUTION NO. 15 -2915
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00009 (CONDITIONAL USE PERMIT AND SITE PLAN
REVIEW) FOR A NEW 880 SQ. FT. WALK -UP /DRIVE -THRU COFFEE SHOP
(STARBUCKS) AND A 195 SQ. FT. OUTDOOR SEATING AREA LOCATED AT 9506
IMPERIAL HIGHWAY, ZONED C -2 (GENERAL COMMERCIAL)
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 15, 2015, the Applicant submitted a Land Use Permit Application
(PLN -15- 00009) to facilitate the construction of a 880 square foot walk-up /drive-
thru coffee shop (Starbucks) with off - street parking spaces and landscaping on
property at 9506 Imperial Highway.
& PLN -15 -00009 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 CM (Commercial
Manufacturing).
E. On April 2, 2015, notice of the pending public hearing for PLN -15 -00009 was
published in the Downey Patriot and was mailed to all property owners within 500
feet of the subject site.
F. The Planning Commission held a duly noticed public hearing on April 15, 2015,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No. 15 -2915,
approving PLN -15- 00009.
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. The
requested conditional use permit for a walk -up /drive -thru coffee shop (Starbucks) 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
Resolution No. 15 -2915
Downey Planning Commission
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 Bellflower 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 coffee shop goes beyond the needs
of the immediate neighborhood and provides a customer base from surrounding areas.
Furthermore, 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 the proposed use is sufficiently removed
from the residential properties to the east and 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
coffee shop building, because the project site exceeds the required minimum 10,000
square foot lot size for a drive -thru use as per Downey Municipal Code Section
9406.08(b) and meets or exceeds all other development standards as illustrated in the
following table:
C-2 (General Commercial)
Development
Required
Stan.. .
Proposed
Lot Area
10,000
14,246
Lot Width
100
117
Lot Depth
100
125
Floor Area Ratio
1.4
0.06
Lot Coverage
50%
6%
Building Height
45 ft. or 3 stories
18.5 ft.
Front Setback
15 ft.
80 ft.
Side - Interior
Setback
N/A
51 ft.
Side - Street
Setback
5 ft.
24 ft.
Rear Setback
15 ft.
19 ft.
Parking
11
12
Landscape
10%
29%
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 2
Resolution No. 15 -2915
Downey Planning Commission
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 southeast corner
of Imperial Highway and Bellflower Boulevard. This intersection is a busy one within the
city and portions of both streets utilize medians to control vehicle movements. Said
medians are proposed to continue on both Imperial Highway and Bellflower Boulevard,
immediately adjacent to the project site in the near future. Nevertheless, the surrounding
streets and highways in the area have sufficient capacity to accommodate the increase in
traffic that the use will generate.
Additionally, the proposed project will help correct on -site circulation deficiencies by
creating a new drive -thru lane that can accommodate enough vehicles to satisfy the code
requirements, without creating vehicle queuing in the drive aisles. Additionally, the
closure of three of the existing four driveway approaches to the site, will allow for a better
flow of traffic on both streets. 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
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 to "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
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 -00009 proposes a
880 square foot walk -up /drive -thru coffee shop (Starbucks) to replace an existing legal,
but non - conforming automotive repair shop. 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 -00009 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 area 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.
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 3
Resolution No. 15 -2915
Downey Planning Commission
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 -00009 proposed follows a contemporary commercial style
that adheres to the current Starbucks model for its smaller locations. The building utilizes
a tower element to emphasize the walk -up window (on the north elevation) and the pick-
up window (on the south elevation). Horizontal wood siding in light and dark brown is
incorporated to the entire tower on all elevations for a dramatic effect; this tower also
includes decorative metal panels on the south and north elevations that extend the tower
to a total height of 18.5 ft. The remaining 14.5 ft. tall areas of the building on the north,
south, and west elevation continue a 3.5 ft. wainscot of the dark wood. Metal- framed
awnings are visible from all elevations and highlight most windows and doors. The south
and west elevation also incorporate decorative metal screens with up- lighting to further
break -up the elevations. Finally, a metal wall cap will top the walls on all elevations where
there are no proposed decorative screens. The following table illustrates the architectural
colors:
Material
Color
Omega 404 Barn Swallow
Walls - Stucco
Wall Cap Metal, Powder Coated
Dark Bronze
—
Awnings — Metal, Powder Coated
Dark Bronze
■
--- .___ ---
Decorative Screens — Metal, Powder
_
Dark Bronze
Coated
Omega 404 Barn Swallow
Trash Enclosure - Stucco
Dark Bronze
■
Trash Enclosure Doors — Metal,
Powder Coated
Light Gray
Walls - Horizontal Wood Siding
Dark Gray
The proposed plant palette ranges from moderate to low water use, and the irrigation
system will be designed to be of low volume /water use (i.e. drip, bubblers) to reduce water
consumption and make the irrigation delivery more efficient. The following tables illustrates
said plant palette:
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 4
Resolution No. 15 -2915
Downey Planning Commission
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 5
PLANT MATERIALS
Botanical Name
Common Name
Screening Shrubs
15 al./42" o.c.
Myrtus c. 'Compacts'
Dwarf Myrtle
Callistemon Little John
Dwarf Bottlebrush
Flowering Perennial Shrub
1 al./18" o.c.
Achilla 'Moonshine'
Yarrow
Aloe 'Blue Elf'
Blue Elf Aloe
Calandrinia grandiflora
Rock Purslane
Seslaria aumturnnalis
Autumn Moor Grass
Limonium perezii
Sea Lavendar
Midground Flowering Shrub
5 al. /30" o.c.
Phormium t. 'Dark Delight'
New Zealand Flax
Anigozanthos 'Bush Gold'
Kangaroo Paw
Geranium spp.
Cranesbill
Correa 'Wins Wonder'
Win's Wonder Australian
Fuschia _
Vines (Green Screen Panels)
5 gallon
Catsclaw unguis cati
Cat's Claw Vine
_
New Gold Lantana
Lonicera 'Golf Flame'
Multi- Branch Shade Tree
3/36" Box
Arbutus 'Marina'
Madrone Hybrid
Street Tree
4/24" Box, 6 -15 gallon
Lagerstroemia i.
Tuscadora
Tuscadora Crape Myrtle
Low Ground Cover
1 gal. /18" o.c.
Dymondia margaretae
_
Silver Carpet
Senecio t. mandraliscae
Groundsel
Teucrium x. 'Lucidrys'
Germander
Teucrium cossonii
Majorcan Teucrium
Rosmarinus o.
'Prostratus'
Trailing Rosemary
Greenscreens Macfadyena unguis cati
5 gal.
Cat's Claw
Lonicera x heckrottii Gold
Flame'
Distictus bluccinatoria
Gold Flame Honeysuckle
Blood -red Trumpet Vine
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 5
Resolution No. 15 -2915
Downey Planning Commission
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. Imperial Highway will provide most vehicular access to the
Starbucks coffee shop, while an existing driveway on an adjacent lot to the south of the
subject site, will also provide some vehicular access off of Bellflower Boulevard; Imperial
Highway is a major arterial and Bellflower Boulevard is a secondary arterial serving
Downey motorists. Currently, the subject property offers four driveways, two off of
Imperial Highway and two off of Bellflower Boulevard; however, PLN -15 -00009 proposes
to close three of the driveways, two off of Bellflower Boulevard and one off of Imperial
Highway, and reconstruct only one driveway off of Imperial Highway, which will allow for
better on -site circulation than currently exists. The proposed parking lot will be
reconstructed and striped to conform to the required standards in the DMC. The
aforementioned drive -thru lane circles the building while remaining separate from the
parking lot on the west side of the subject site.
The proposed plan provides a customer parking area of 12 parking spaces, on the east
side of the drive -thru and building, and designates a trash enclosure on the southeast
corner of the subject site. It also designates a 195 sq. ft. outdoor dining area on the north
side of the site. Landscaped screens and planters separate the drive -thru lane from the
outdoor seating area and assist in meeting the outdoor seating fencing requirement,
allowing the seating area to function safely and efficiently. No other fences or gates are
required on the west, being that it would impede ADA accessibility to the site. As such,
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.
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 -00009 proposes seeks to follow
the architectural style Starbucks incorporates for its newest locations, it will convey its
own unique style and will incorporate common materials and features found on many
newer buildings in the vicinity (i.e. Kaiser hospital /medical office building and 9125 -9133
Imperial Highway).
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 -00009 proposes to upgrade the subject site by constructing a new coffee shop
( Starbucks), with new landscaping and parking facilities. This proposal will improve
property values in the vicinity, improve the streetscape of Imperial Highway and
Bellflower Boulevard, and result in a contemporary structure that complies with current
Building and Fire Code regulations for structural integrity and fire safety. It will result in an
attractive project and should become an impetus for neighboring commercial property
owners to revitalize their properties.
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 6
Resolution No. 15 -2915
Downey Planning Commission
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. The Conditions of Approval for
PLN -15 -00009 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 -00009 (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 15th day of April 2015.
ector Lujan, Ch ' man
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 15th day of April 2015,
by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Morales, Rodriguez and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flores
ABSTAIN: COMMISSIONERS: None
Y �
Mary Cav nagh, Secretary
City Planning Commission
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 7
Resolution No. 15 -2915
Downey Planning Commission
EXHIBIT A - CONDITIONS
PLN -15 -00022 (Conditional Use Permit and Site Plan Review)
PLANNING
1) This approval of PLN -15 -00002 (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 coffee shop (Starbucks) at 9506 Imperial Highway.
2) Approval of this PLN -15 -00009 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 and Site Plan Review 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) 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.
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 8
Resolution No. 15 -2915
Downey Planning Commission
12) 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.
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) A reciprocal access agreement shall be recorded for accessibility purposes with the
neighboring property to the south (AIN: 6283 - 002 -037). A copy of the recorded
agreement shall be provided to the City Planner prior to final occupancy issuance of the
subject site.
15) The Applicant shall provide a curved radius at the northern driveway /approach entrance
off of Imperial Highway and at the southern planter and driveway entrance /exit, adjacent
to the neighbor to the south.
16) The Applicant shall comply with Downey Municipal Code Section 9314.06 by enclosing
the outdoor eating area with a decorative masonry wall or decorative ornamental
wrought -iron fence, not less than forty -two inches (42 ") in height.
FIRE:
17) 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.
PUBLIC WORKS:
18) 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.
19) The owner /applicant shall install all utilities underground.
20) 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.
BUILDING AND SAFETY:
21) The applicant shall install a lockable gate and a roof structure on the trash enclosure.
22) The building plans shall indicate a solar ready area and roof access.
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 9
Resolution No. 15 -2915
Downey Planning Commission
MISCELLANEOUS
23) The Applicant shall remove the two proposed planters adjacent to the north face of the
proposed building and replace them with concrete.
24) The Applicant shall plant all proposed green screens with Gold Flame Honeysuckle
(Lonicera x heckrottii `Gold Flame').
25) The wing wall adjacent to the roll -up door on the north elevation of the building shall not
exceed eighteen inches (18 ") in width.
PLN -15 -00009 9506 Imperial Highway
April 15, 2015 - Page 10