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HomeMy WebLinkAbout3. PLN-15-00230 - 10207 LakewoodSTAFF REPORT PLANNING DIVISION DATE: APRIL 6, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER SUBJECT: PLN-15-00230 (CONDITIONAL USE PERMIT AND VARIANCE) – A REQUEST TO ADD A DRIVE-THRU LANE TO THE EXISTING MCDONALDS AND DEVIATE FROM THE REQUIRED PARKING AND VEHICLE QUEUING SPACE WITHIN THE DRIVE-THRU LANE LOCATION: 10207 LAKEWOOD BLVD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY McDonalds is requesting approval of a Conditional Use Permit to construct a new drive-thru lane, which will be located between the restaurant/museum buildings and the adjoining Fashionista business for the location at Lakewood Blvd and Florence Ave. To accommodate the drive-thru lane, the applicant is also requesting a Variance to deviate from the required vehicle queuing space for a drive-thru lane and parking requirements for the site. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT AND VARIANCE (PLN-15-00230), THEREBY ALLOWING THE MCDONALD’S RESTAURANT TO CONSTRUCT A DRIVE-THRU LANE AND DEVIATE FROM THE PARKING AND VEHICLE QUEUING WITHIN THE DRIVE-THRU LANE ON PROPERTY LOCATED AT 10207 LAKEWOOD BLVD, ZONED C-2 (GENERAL COMMERCIAL). BACKGROUND The subject site is 2.96-acre irregular shaped lot that is located on the southwestern corner of Lakewood Blvd and Florence Ave. The site is currently improved with three buildings; a 38,364 square foot multi-tenant building, a 1,182 square foot McDonald’s restaurant (the subject of this request), and a 922 square foot museum. Other aspects of the site include a 576 square foot outdoor eating area, a 158-space parking lot and approximately 7,900 square feet of landscape area. Vehicle and pedestrian access to the site are located at various points along Florence Ave, Lakewood Blvd, and from the adjoining parcel to the south. The site has a General Plan Agenda Page 1 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 2 Land Use Designation of General Commercial and is within the C-2 (General Commercial) zone. The subject McDonald’s was the third to be built in the worldwide chain. However, the first two restaurants (San Bernardino and Phoenix) have since been demolished, making Downey’s McDonald’s the world’s oldest operating McDonald’s restaurant. Built in 1953, the restaurant retains a classic 1950’s architecture, consisting of its original red-striped exterior and classic golden arches. An animated neon “Speedee” sign was added to the site in 1959. Today, the site still features the original architecture, including a walk up window and outdoor seating area. The mascot ‘Speedee,’ represents a chef who could deliver fast service to its customers. McDonald’s Building In 1984, this McDonald’s was determined to be eligible for the National and State Registers of Historical Places. This distinction was made due to: 1) the unique building architecture, including the neon trimmed arches, interesting shapes, and signage, and 2) McDonald’s contribution to the American car culture and eating habits. Although the building was determined to be eligible for listing, it has not been included in either the National or State Registers. A copy of the nomination form is attached to this report. On March 16, 1988, the Planning Commission approved a Variance for the site to allow the retention of the 60’ tall arch sign with the neon animated Speedee, a painted wall sign on the north elevation, and to allow the neon lit building arches. However, the building suffered structural damage during the 1994 Northridge Earthquake; as a result of which, McDonald’s ceased operations at the site. The restaurant remained closed until it was determined the building could be restored. Unfortunately, the 1988 Variances expired for lack of use. Accordingly, on October 16, 1996, the Planning Commission approved a second Variance on the site to reestablish the deviations on the signs and neon building arches. Additionally, the City approved construction of the adjacent museum building. Agenda Page 2 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 3 Museum Building The surrounding area is primarily improved with a variety of commercial uses. North of the project site (across Florence Ave) is a fast-food restaurant and a small strip center that are within the C-2 (General Commercial) zone. East of the site (across Lakewood Blvd) is an automotive service station, office building, and medical office. These parcels are also within the C-2 zone. South of the project site is another strip center that is within the C-1 (Neighborhood Commercial). West of the project site (facing Florence Ave) are two small commercial buildings. The remainder of the west side of the site is bounded by single-family homes that front Bellman Ave. On November 18, 2015, McDonald’s submitted a request for a Conditional Use Permit to allow a new drive-thru lane to be constructed at the site. Staff deemed this application incomplete December 17, 2015, due to missing information on the project plans and the need for the applicant to submit a Variance request to accommodate the drive-thru lane. The applicant submitted the final information needed to process the request on February 23, 2016. Accordingly, staff deemed the Conditional Use Permit and Variance application complete on March 1, 2016. On March 24, 2016, notice of the pending public hearing was published in the Downey Patriot, as well as, directly mailed to all property owners within 500 feet of the subject site. DISCUSSION The building retains the original walk-up windows and outdoor seating area, but does not have a drive-thru window. McDonald’s has indicated that their other local restaurants conduct approximately 65% of their sales via the drive-thru operation. In addition to the lack of drive-thru lane, McDonald’s has indicated that the location’s kitchen does not conform to McDonald’s current standards. This limits the ability for the location to offer newer products and services. Agenda Page 3 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 4 The inability to offer newer products and not having a drive-thru lane has resulted in this location struggling to stay in operation. To boost sales, McDonald’s has requested to add a drive-thru to the restaurant. The entrance to the drive-thru lane will be on the west side of the museum building and will traverse along the south side of the museum and restaurant buildings, exiting near the southeast corner of the restaurant. To accommodate the drive-thru lane, McDonald’s is proposing to add two windows to the south side of the existing restaurant building. It is important to note that other than the two windows, no changes are being proposed to the building’s architecture. In addition to the drive-thru lane, McDonald’s will upgrade the kitchen equipment to allow them to offer newer products. As noted in the background section of this report, the restaurant was deemed eligible to be listed on the National and State Registers of Historical Places based on the building architecture and McDonald’s contribution to the American car culture. It is staff’s opinion that the addition of the two windows on the south façade of the building will not have an impact to the architectural style of the building. The unique style of the architecture includes red and white tile, sloped roof, neon lighting, and the trade-marked arches. The south façade contains none of these features and is the only façade that is finished with stucco. Furthermore, staff has reviewed these proposed changes with the Secretary of the Interior’s Standards for Rehabilitation (https://www.nps.gov/tps/standards/rehabilitation/rehab/index.htm). The recommendation for new windows is, “Designing and installing additional windows on rear or other-non character- defining elevations if required by the new use.” It is noted that the new drive-thru windows are on the rear elevation that does not contain any of the distinctive architectural features of the building. During the 1988 and 1996 public hearings, there was a large community presence encouraging the City to take the necessary efforts to preserve the McDonald’s at the site. McDonald’s has indicated that maintaining this location’s financial viability has become increasingly difficult. While the City does not consider financial concerns when considering a land use entitlement, staff does take note that the continued operation of this McDonald’s is of vital interest to the community. While deliberating on the proposed application, the Planning Commission should take into consideration the historical context of maintaining the building as McDonald’s and the community’s desire to keep the business in operation. Municipal Code Section 9406.08(m) requires that drive-thru lanes have enough space to queue four vehicles before the menu board and four vehicles between the menu board and pick-up window, for a total of eight vehicles. As proposed, the drive-thru lane will queue two vehicles before the order board and six vehicles between the order board and pick-up window. While the applicant is able to accommodate the full eight vehicles in the drive-thru lane, the location of the order board has to be pushed back due to the existing museum building location. Accordingly, the applicant has applied for a Variance to allow the deviation in the queue space. Staff has reviewed the request and is of the opinion that deviation is appropriate for this site. Adjusting the drive-thru lane to meet the strict regulation of the Zoning Code will have an adverse impact to onsite circulation. As part of the drive-thru lane construction, the Applicant will need to relocate the trash enclosure approximately 40’ to the north. To accommodate this relocation and to provide an efficient path of egress for vehicles exiting the drive-thru lane, the Applicant is proposing to remove 15 parking spaces. An analysis of the parking follows: Agenda Page 4 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 5 Use Size Municipal Code Requirement Spaces Required Pep Boys Retail Area 16,050 s.f. 1 space per 250 s.f. 65 Repair 10 bays 3 spaces per bay 30 Dollar Tree 9,504 s.f. 1 space per 250 s.f. 38 Fashionista 7,370 s.f. 1 space per 250 s.f. 30 McDonald’s Restaurant 1,182 s.f. 1 space per 100 s.f. 12 Outdoor Dining Area 576 s.f. 1 space per 100 s.f. 6 Museum 922 s.f. 1 space per 350 s.f. 3 Total Parking Required 184 As noted in the table above, the site requires 184 parking spaces; however, only 158 parking spaces are currently provided. Should the Planning Commission approve the applicant’s request, the onsite parking deficiency would increase from 26 spaces to 41 parking spaces. As such, the applicant has requested a Variance to deviate from Municipal Code Section 9712 to allow the deviation. The new drive-thru lane is located between the McDonald’s restaurant/museum buildings and Fashionista, which is located on the north side of the building located to the south of McDonald’s. Currently, an emergency egress route from Fashionista’s restrooms and storage area opens into the area between the two buildings. Staff is concerned that the emergency egress door will be blocked by a car sitting in the drive-thru lane. Accordingly, staff has recommended a condition of approval that requires the door to be inset three feet to allow proper clearance. DEVELOPMENT REVIEW COMMITTEE The City’s Development Review Committee reviewed the project on December 3, 2015. The DRC noted several issues with the project as originally proposed. The initial submittal created several issues with on-site circulation. The applicant’s proposal created a point of conflict between vehicles entering and exiting the site from Florence Ave and vehicles queueing in the drive-thru lane. To resolve this issue, the applicant shortened the drive-thru lane to allow fluid movement of vehicles on the site. Additionally, the applicant proposed limiting vehicle movements in the alley on the west side of the Pep Boys building to single direction traffic only (from north to south). It was further noted that the new drive-thru lane is located between the McDonald’s restaurant and the museum, and the Fashionista business, which is located on the north side of the building located to the south of McDonald’s. Currently, there is an emergency egress route from Fashionista’s restrooms and storage area that opened into the area between the two buildings. Staff is concerned that the emergency egress door will be blocked by a car sitting in the drive- thru lane. Accordingly, staff has recommended a condition of approval so that the door be inset three feet to allow proper clearance for the door. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15032 (Class 32, In-fill Development Projects). Categorical Exemptions are projects, which have been determined not Agenda Page 5 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 6 to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 32 exemptions includes projects on development sites that are less than five acres, are consistent with the General Plan and zoning designations, do not serve as protected habitat, do not result in significant impacts to air, traffic, noise, or water quality, and are adequately served by public utilities. Staff is of the opinion that the proposed project meets all of these five conditions to qualify for a Class 32 exemption. Notwithstanding this, staff recognizes the building’s architecture and contribution to the American car culture have made this McDonald’s eligible to be listed as a historical landmark. The new windows are proposed on the rear of the structure to avoid changing the building’s architectural style, as recommended in the Secretary of the Interior’s guidelines. Additionally, this rear façade does not contain any of the features that make the architecture unique. Staff is of the opinion that the approval of the proposed application will not have an impact on the historical determination of the building or use contained therein. FINDINGS Conditional Use Permit Restaurants with drive-thru lanes are a conditionally permitted use in the C-2 (General Commercial) zone. Accordingly, the applicant has requested a Conditional Use Permit to allow the operation of the drive-thru lane, which includes all necessary site improvements related to the drive-thru lane. Municipal Code Section 9824.06 requires the Planning Commission adopt four findings to approve the Conditional Use Permit, a discussion of which 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. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that adding a drive-thru restaurant extends the restaurant’s service area from the immediate neighborhood to providing a customer base from all surrounding areas. Staff feels that this larger service also supports General Plan Policy 1.1.4, which states, “Provide an appropriate amount of land area for people to acquire goods and services.” General Plan Policy 8.4.2 states, “Preserve the City’s cultural resources.” Included in the policy are several programs that encourage preserving historical resources. The subject McDonald’s was determined eligible to be listed as an historical place due to the unique architecture and the role McDonald’s played in the creation of the American car culture. Staff is of the opinion that addition of the drive thru will not impact the building’s architecture. Staff is of the further opinion that the new drive-thru lane will enhance the viability of the restaurant, thus improving the ability for long-term operations of this historically significant McDonald’s. 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. Agenda Page 6 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 7 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 primarily improved with commercial developments, except some single-family homes to the west of the project site. The proposed drive-thru lane can be constructed with some minor site layout changes. It will not involve the demolition or construction of new buildings. Staff has reviewed the request and is of the opinion that the proposed development is designed in a manner that will not influence the ability of the surrounding properties to grow and/or develop. 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 2.96-acre lot that is currently improved with several commercial buildings. The addition of the drive-thru lane does not require the demolition or construction of new buildings on site. It is staff’s opinion that the proposed site layout allows for proper vehicle and pedestrian movements. 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. 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 Florence Ave. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business. It is staff’s opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. Variance The Variance allows the applicant to deviate from the requirements of the Municipal Code. To accommodate the new drive-thru lane, the applicant is requesting to deviate from Municipal Code Sections 9706.08(m) (vehicle queueing requirements) and 9712 (parking requirements). Municipal Code Section 9826.08 requires the Planning Commission adopt four findings to approve the Conditional Use Permit, a discussion of which follows: A. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone; The extraordinary circumstance that exists on the site is the historical significance of the restaurant. In 1984, this McDonald’s was determined to be eligible for the National and State Registers of Historical Places due to: 1) the unique building architecture, including the neon trimmed arches, interesting shapes, and signage, and 2) McDonald’s contribution to the American car culture and eating habits. More specifically, this Agenda Page 7 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 8 McDonald’s was the third built and is now the oldest operating restaurant for the worldwide chain. There are very few parcels in the City of Downey that are improved with a building that is either listed or deemed eligible to be listed as a historical place. Having the world’s oldest operating location of a multi-national chain restaurant that has been deemed eligible for historical listing, in staff’s opinion, creates an extraordinary circumstance that only applies to this building and not to other structures in the vicinity and zone. B. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located; The proposed deviations are to allow the construction of a new drive-thru lane at the existing McDonalds. Continuing operations at the site has become difficult without the drive-thru lane, as the typical McDonald’s derives approximately 65% of their sales from drive-thru orders. Since the building has been deemed historically significant, demolition to correct site issues is not an option. Analyses of other chain fast food restaurants in the area show they all have drive-thru lanes. Disallowing the requested deviations and requiring that McDonald’s comply with the code would prevent them from offering drive- thru service to their customers, a right other similar restaurants in the area enjoy. C. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant; The project site is improved with structures that were built between 1953 and 1996. The applicant is not proposing to add any additional buildings or reduce the lot area in any form. The extraordinary circumstance that exists on the building is that it has been deemed eligible for historical listing. This is not a result of the applicant’s actions, but instead results from the unique architecture and the role McDonald’s played in the creation of the American car culture. As such, staff believes that the extraordinary circumstances will not result from the actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located; Both Lakewood Blvd and Florence Ave have commercial properties that front the street. In a review of the area, staff has found that the Planning Commission has approved Variances to allow various deviations to the Municipal Code. Staff is of the opinion that approval of this Variance does not confer a special privilege on the applicant that was denied to others in the vicinity and zone. E. That the granting of such variance will be in harmony and not adversely affect the General Plan of the City; The subject site has a General Plan Land Use Designation of General Commercial and all uses are within the C-2 (General Commercial) zone. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that adding a drive-thru restaurant extends the restaurant’s service area from the immediate neighborhood to providing a customer base from all surrounding areas. Staff feels that Agenda Page 8 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 9 this larger service also supports General Plan Policy 1.1.4, which states, “Provide an appropriate amount of land area for people to acquire goods and services.” General Plan Policy 8.4.2 states, “Preserve the city’s cultural resources.” Included in the policy are several programs that encourage preserving historical resources. The subject McDonald’s restaurant was determined eligible to be listed as an historical place due to the unique architecture and the role McDonald’s played in the creation of the American car culture. Staff is of the opinion that addition of the drive thru will not impact the building’s architecture. Staff is of the further opinion that the new drive-thru lane will enhance the viability of the restaurant, thus improving the ability for long-term operations of this historically significant McDonald’s. For these reasons, staff believes the approval of this project will be in harmony and not adversely effect the goals, policies, programs, and land uses of all applicable elements of the General Plan. F. That 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. In order to accommodate the drive-thru addition to the existing restaurant, the applicant has requested to deviate from parking and the drive-thru lane queueing requirements. The need for these deviations, in staff’s opinion, is derived from the existing site and building layout. Staff has worked with the applicant to ensure that the number of Variances has been reduced to the minimum needed, while ensuring the site is properly laid out for vehicle and pedestrian access and safety. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION It is apparent from previous public hearings on the site that the continual operation of this McDonald’s is a high priority to the City. It is the world’s oldest operating McDonald’s restaurant and has been deemed eligible to be listed on the National and State Registers of Historical Places. Staff feels the site layout and design accommodate the new drive-thru lane without creating an impact to the other businesses on the site or to those persons who live and/or work in the area. Staff is further concluding that approval of his project will preserve this McDonald’s and ensure continual operation of the site in the future. Based on the analysis provided in this staff report, staff feels that all of the required findings can be made in a positive manner for both the Conditional Use Permit and Variance, therefore staff recommends that the Planning Commission approve a Conditional Use Permit and a Variance (PLN-15-00230), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft P.C. Resolution C. National Register of Historic Places Inventory Nomination Form D. Project Plans Agenda Page 9 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 10 Exhibit ‘A’ - Maps Aerial Photograph Subject Site Agenda Page 10 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 11 Zoning Map Subject Site Agenda Page 11 RESOLUTION NO. _________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT AND VARIANCE (PLN-15-00230), THEREBY ALLOWING THE MCDONALD’S RESTAURANT TO CONSTRUCT A DRIVE-THRU LANE AND DEVIATE FROM THE PARKING AND VEHICLE QUEUING WITHIN THE DRIVE-THRU ON PROPERTY LOCATED AT 10207 LAKEWOOD BLVD, 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. In 1953, the subject building was constructed as the third McDonald’s restaurant. The first (San Bernardino) and second (Phoenix) McDonald’s restaurants built have been demolished, making this location the world’s oldest operating McDonald’s restaurant; and, B. In 1984, the building was determined to be eligible for the National and State Registers of Historical Places. This determination was based on the building’s unique architecture and McDonald’s contribution to the American car culture; and, C. On November 18, 2016, the applicant submitted a request for a Conditional Use Permit and Variance to add a drive-thru lane to the existing restaurant. Due to missing information on the project plans, staff deemed the application incomplete; and, D. On February 23, 2016, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on March 1, 2016; and, E. On March 24, 2016, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, F. The Planning Commission held a duly noticed public hearing on April 6, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and it has been found to comply with the California Environmental Quality Act (CEQA). This includes a review of potential impacts to the historical significance of the structure, in which the Planning Commission found approval of the project would not impact. The Planning Commission hereby finds that the project is categorically exempt from CEQA, pursuant to Guideline Section 15332 (In-fill Development). Agenda Page 12 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 2 SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Variance, the Planning Commission further finds, determines and declares that: 1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. The extraordinary circumstance that exists on the site is the historical significance of the restaurant. In 1984, this McDonald’s was determined to be eligible for the National and State Registers of Historical Places due to: 1) the unique building architecture, including the neon trimmed arches, interesting shapes, and signage, and 2) McDonald’s contribution to the American car culture and eating habits. More specifically, this McDonald’s was the third built and is now the oldest operating restaurant for the worldwide chain. There are very few parcels in the City of Downey that are improved with a building that is either listed or deemed eligible to be listed as a historical place. Having the world’s oldest operating location of a multi-national chain restaurant that has been deemed eligible for historical listing, creates an extraordinary circumstance that only applies to this building and not to other structures in the vicinity and zone. 2. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The proposed deviations are to allow the construction of a new drive-thru lane at the existing McDonalds. Continuing operations at the site has become difficult without the drive-thru lane, as the typical McDonald’s derives approximately 65% of their sales from drive-thru orders. Since the building has been deemed historically significant, demolition to correct site issues is not an option. Analyses of other chain fast food restaurants in the area show they all have drive-thrus. Disallowing the requested deviations and requiring that McDonald’s comply with the code would prevent them from offering drive-thru service to their customers, a right other similar restaurants in the area enjoy. 3. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The project site is improved with structures that were built between 1953 and 1996. The applicant is not proposing to add any additional buildings or reduce the lot area in any form. The extraordinary circumstance that exists on the building is that it has been deemed eligible for historical listing. This is not a result of the applicant’s actions, but instead results from the unique architecture and the role McDonald’s played in the creation of the American car culture. As such, the extraordinary circumstances will not result from the actions of the applicant. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. Both Lakewood Blvd and Florence Ave have commercial properties that front the street. In a review of the area, the City has found that the Planning Commission has approved Variances to allow various deviations to the Municipal Code. This Variance does not confer a special privilege on the applicant that was denied to others in the vicinity and zone. 5. That the granting of such variance will be in harmony and not adversely affect the General Plan of the City. The subject site has a General Plan Land Use Designation of General Commercial and all uses are within the C-2 (General Commercial) zone. It is Agenda Page 13 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 3 the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. Adding a drive-thru restaurant extends the restaurant’s service area from the immediate neighborhood to providing a customer base from all surrounding areas. This larger service also supports General Plan Policy 1.1.4, which states, “Provide an appropriate amount of land area for people to acquire goods and services.” General Plan Policy 8.4.2 states, “Preserve the City’s cultural resources.” Included in the policy are several programs that encourage preserving historical resources. The subject McDonald’s restaurant was determined eligible to be listed as an historical place due to the unique architecture and the role McDonald’s played in the creation of the American car culture. The addition of the drive thru will not impact the building’s architecture. The new drive- thru will enhance the viability of the restaurant, thus improving the ability for long-term operations of this historically significant McDonald’s. For these reasons, the approval of this project will be in harmony and not adversely effect on the goals, policies, programs, and land uses of all applicable elements of the General Plan. 6. That 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. In order to accommodate the drive-thru addition to the existing restaurant, the applicant has requested to deviate from parking and the drive- thru lane queueing requirements. The need for these deviations, is derived from the existing site and building layout. The City has worked with the applicant to ensure that the number of Variances has been reduced to the minimum needed, while ensuring the site is properly laid out for vehicle and pedestrian access and safety. 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. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. Adding a drive-thru restaurant extends the restaurant’s service area from the immediate neighborhood to providing a customer base from all surrounding areas. This larger service also supports General Plan Policy 1.1.4, which states, “Provide an appropriate amount of land area for people to acquire goods and services.” General Plan Policy 8.4.2 states, “Preserve the City’s cultural resources.” Included in the policy are several programs that encourage preserving historical resources. The subject McDonald’s restaurant was determined eligible to be listed as an historical place due to the unique architecture and the role McDonald’s played in the creation of the American car culture. The addition of the drive thru lane will not impact the building’s architecture. The new drive-thru will enhance the viability of the restaurant, thus improving the ability for long-term operations of this historically significant McDonald’s. For these reasons, the approval of this project will be in harmony and not adversely effect on the goals, policies, programs, and land uses of all applicable elements of the General Plan. Agenda Page 14 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 4 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 primarily improved with commercial developments, except some single-family homes to the west of the project site. The proposed drive-thru lane can be constructed with some minor site layout changes. It will not involve the demolition or construction of new buildings. The proposed development is designed in a manner that will not influence the ability of the surrounding properties to grow and/or develop. Notwithstanding this, several conditions of approval have been included with this resolution, which 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 2.96-acre lot that is currently improved with several commercial buildings. The addition of the drive-thru lane does not require the demolition or construction of new buildings on site. The proposed site layout allows for proper vehicle and pedestrian movements. 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 Florence Ave. The City has reviewed the proposal and any potential increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this resolution, the Planning Commission of the City of Downey hereby approves a Conditional Use Permit and Variance (PLN-15-00230), subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 6. The Secretary shall certify the adoption of this Resolution. [signatures next page] Agenda Page 15 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 5 PASSED, APPROVED AND ADOPTED this 6th day of April, 2016. Matias Flores, 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 6th day of April, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 16 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 6 CONDITIONAL USE PERMIT AND VARIANCE (PLN-15-00230) EXHIBIT A - CONDITIONS PLANNING 1) This approval of a Conditional Use Permit and Variance (PLN-14-00230) allows the addition of a drive-thru lane to the existing McDonald’s restaurant. Additionally, this approval permits a deviation to Municipal Code 9712, to reduce the required parking by 41 spaces (this is 15 parking spaces above he existing 26 parking space shortage); and Municipal Code Section 9406.08(m) to reduce the required space need to queue vehicle before the order board from four to two vehicles. 2) Approval of this Conditional Use Permit and Variance (PLN-14-00230) 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) No alteration, demolition, or modification shall occur to any of the historical architectural features of the site. This shall not be meant to include maintenance or upkeep of these features. 5) 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. 6) The approved location of the drive-thru shall be as shown on the plans approved by the Planning Commission on April 6, 2016. 7) Any graffiti applied to the site shall be removed within 48 hours. 8) 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. Agenda Page 17 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 7 9) Prior to the issuance of building permits, the applicant shall modify the emergency egress from the Fashionista business in the adjoining building. This shall be accomplished by relocating the egress to the rear (west side) of the building, or by insetting the emergency door three feet to allow the door to swing open with being hindered by vehicles in the drive-thru lane. 10) A stop sign and limit line shall be provided at the exit of the drive-thru lane before vehicles cross the pedestrian sidewalk adjacent to the buildings. Additionally, signs shall be placed on each side of the drive-thru to caution pedestrians to watch for vehicles. 11) Any bollards on the site shall be decorative in nature and shall be approved by the City Planner. 12) Bicycle racks shall be provided on-site. 13) All inoperable neon lights shall be repaired and maintained in a working order. Additionally, the applicant shall ensure the Speedee animation is in working order. Prior to the final of building permits, the applicant shall demonstrate to the City Planner that all lighting complies with the condition. 14) The alley behind (west side) the Pep Boys building shall be converted to one-way traffic only, traveling from north to south. Prior to the final of building permits, the applicant shall install the proper signs and pavement markings to the satisfaction of the City Planner for this one-way alley. 15) All new signs for the drive-thru lane shall comply with the City of Downey sign code. 16) The applicant shall construct a new trash enclosure, as outlined on the approved site plan. The final design of the trash enclosure shall be approved by the City Planner, but shall be compatible with the McDonald’s restaurant design. 17) The new landscape area around the new trash enclosure shall be drought tolerant. Prior to the installation of the landscape, the applicant shall obtain approval of the landscape plan from the City Planner. BUILDING 18) 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. 19) 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 20) All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. PUBLIC WORKS 21) All new onsite utilities shall be installed underground. Agenda Page 18 Resolution No. __________ Downey Planning Commission 10207 Lakewood Blvd – PLN-15-00230 April 6, 2016 - Page 8 22) All utility easements on the west side of the site shall be protected in place. There shall be not structures placed over the easements. 23) All areas of construction shall with the National Pollutant Discharge Elimination System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify and append Public Works standard to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 24) The applicant shall install a grease interceptor that connects to kitchen sewer lateral. 25) Trash enclosure shall have a roof cover and floor drain connection to grease interceptor. Include hose bib connection for regular maintenance. Agenda Page 19 Agenda Page 20 Agenda Page 21 Agenda Page 22 Agenda Page 23 Agenda Page 24 Agenda Page 25 Agenda Page 26 Agenda Page 27 Agenda Page 28 Agenda Page 29 Agenda Page 30 Agenda Page 31 Agenda Page 32 Agenda Page 33 Agenda Page 34 Agenda Page 35 Agenda Page 36 Agenda Page 37