Loading...
HomeMy WebLinkAboutPC Resolution 16-2967RESOLUTION NO. 16- 2967 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT APPLICATION TO PERMIT THE DEVELOPMENT OF A DRIVE - THROUGH LANE FOR THE PROPOSED JACK IN THE BOX FAST- FOOD RESTAURANT ON THE SITE AT 9511 FIRESTONE BOULEVARD AND 11104 PANGBORN AVENUE AND ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE APPLICATION 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. Gabriela Marks, filed a Land Use Permit Application on behalf of the Applicant, requesting the Planning Commission's approval of a conditional use permit for a 3,000 square foot fast food restaurant that features a drive -thru lane that is proposed on properties identified as 9551 Firestone Boulevard and 11104 Pangborn Avenue. B. The project site currently maintains two zoning classifications: 9511 Firestone Boulevard is zoned Parking Buffer (P -B) and Neighborhood Commercial (C -1), while 11104 Pangborn Avenue is zoned P -B; however, the Applicant has requested a change of zoning for the subject property to C -1 (Neighborhood Commercial). C. Currently the project site maintains two General Plan designations; 9511 Firestone Boulevard is designated "General Commercial," while the property with the single - family dwelling is designated "Medium Density Residential; however, the Applicant has requested a change of the subject property's land use designation to Neighborhood Commercial. D. On March 4, 2016, notice of the pending public hearing for PLN -14 -00214 was published in the Downey Patriot on and it was mailed to all property owners within 500 feet of the subject site March 4, 2016. E. The Planning Commission conducted a duly- noticed public hearing on March 16, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 2967, approving the proposed conditional use permit application. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares: A. That the requested conditional use permit will not adversely affect the intent and purpose of this article or the City of Downey's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. Policy 2.5.1 of the Downey General Plan (Downey Vision 2025) is "Provide for adequate parking supply to meet parking demands" and Program 2.5.1.8 is "Promote safe and efficient design for parking areas." The orientation of the proposed fast food restaurant and its drive thru lane provide safe and efficient on -site circulation and vehicle parking. Two driveway entrances, one on each street, provide vehicular access to the site. The drive - through lane will commence on the northerly side of the building then continue along the west side of the building adjacent to the Pangborn Avenue frontage before emptying onto Firestone Boulevard. Sixteen on -site parking spaces are adjacent to the RESOLUTION NO. 16 -2967 PAGE 2 east side of the proposed restaurant, which places them more than thirty -six feet away the apartment building on the adjacent property. Fifteen parking spaces are within the northerly portion of the subject property along both sides of the Pangborn Avenue facing driveway aisle. Coupled with the aforementioned design features, the proposed fast food restaurant will enhance the character and design of the site, the immediate neighborhood, and the surrounding areas. Additionally, the proposed conditional use is not expected to adversely impact people working or residing in the vicinity of the project site because the activities typically associated with the requested use will not carry over onto neighboring properties. Design measures incorporated into the project include property line buffers composed of block walls and landscaping featuring an uninterrupted screen of shrubs and trees. 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. An apartment building is immediately adjacent to the eastern boundary of the subject property. The site layout takes this placement into consideration by placing the proposed fast food restaurant to the westerly side of the subject site. It also locates the drive thru lane on the west side of the restaurant building, which makes those activities less of an issue. The site plan positions sixteen parking spaces adjacent to the restaurant building and in the northerly area of the subject site. This placement helps to reduce impacts on the apartment building along the east property line and another apartment building to the north. C. That the size and shape of the site proposed for the use is ade_ Bate to allow the full development of the proposed use in a manner not detrimental to the particular area. The project site exceeds the minimum area requirement for new lots in the C -1 (Neighborhood Commercial) zoning classification the applicant is seeking as part of this development proposal. The minimum area requirement for a new lot in the requested zone is 6,000 square feet, whereas the project site measures approximately 33,481 square feet, slightly less than an acre. The project consists of developing the as a fast -food restaurant, with a drive - through lane, and with thirty -one parking spaces. The minimum parking requirement for the restaurant is 30 spaces, compared to the 31 spaces that will be provided; the minimum vehicle stacking requirement for a restaurant's drive - through lane is 8 spaces, which the project's drive -thru lane will provide. D. That the traffic generated by the proposed use will not impose atl undue burden upon the streets and highways in the area. The project site occupies the northeast corner of the Firestone Bou leva rd/Pang born Avenue intersection, where the two streets meet forming a stop sign controlled," T "- intersection. Both streets provide access to the project site. The General Plan's Circulation Chapter classifies Firestone Boulevard as a "Major Arterial." A "Major Arterial ", according to the Circulation Chapter, is intended to serve as a through route for traffic crossing the city, and provide access to the freeway system. Firestone Boulevard is Downey's primary east/west retail commercial corridor and it essentially halves the community. The section of Firestone next to the site is 106 feet wide and is composed of three travel lanes in each direction, a raised landscaped median, and 10 -foot wide sidewalks. It carries about 37,500 vehicles daily, which is less than the roadway's capacity (approximately 54,000 vehicles per day). The posted speed on Firestone Boulevard is 40 miles per hour and on- street parking is prohibited to maximize the street's capacity. RESOLUTION NO. 16 -2967 PAGE 3 Pangborn Avenue, by contrast, is classified as a "Collector Street" in the Circulation Chapter. It consists of one travel lane in each direction, while providing curbside parking on both sides of the street. "Collector' streets are designed to link local streets to both arterial roads and the regional roadway network, according to the General Plan. Pangborn Avenue is the only north /south street between Woodruff Avenue and the City's easterly boundary that stretches uninterrupted from Firestone Boulevard north to Florence Avenue. As such, it serves as the collector street for the intersecting east/west residential streets. Recent traffic counts indicate Pangborn Avenue carries about 5,770 vehicles per day, which is also less than its capacity: 8,000 vehicles per day. The project will provide a drive - through lane for the fast food restaurant facilities to provide sufficient onsite parking so vehicles accessing the site during the restaurant's peak hours won't queue into the adjoining streets. SECTION 3. The Planning Commission further finds, determines and declares that: A. An Initial Study and proposed Mitigated Negative Declaration were prepared for the proposed Site Plan Review, in accordance with the provisions of the California Environmental Quality Act (CEQA), state CEQA guidelines, and the City of Downey's Procedures for Implementing CEQA. B. That the Initial Study and proposed Mitigated Negative Declaration were made available to the public for review and comment from November 26, 2015 and ended on December 17, 2015. C. A public hearing was held by the Planning Commission of the City of Downey on March 16, 2015, at which time evidence was heard on the Initial Study and proposed Mitigated Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered the environmental documents, together with any comments received during the public review period. D, The Planning Commission hereby, adopts the Mitigated Negative Declaration prepared for PLN -14- 00214, along with its findings and conclusions SECTION 4. Based upon the findings set forth in Sections 1, 2 and 3 of this Resolution, the Planning Commission of the City of Downey does hereby approve PLN -14 -00214 (Conditional Use Permit), subject to attached Exhibit A. RESOLUTION NO. 16 -2967 PAGE 4 APPROVED AND ADOPTED this 16th day of March 20 Matias Flores, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning Commission of the City of Downey at a meeting held on the 16th day of March, 2016. AYES: COMMISSIONERS: Morales, Lujan, Owens, Rodriguez, and Flores NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Mary Cava agh, Secretary City Planning Commission RESOLUTION NO. 16 -2967 PAGE 5 EXHIBIT A— CONDITIONS OF APPROVAL PLN NO. 14 -00214 (CONDITIONAL USE PERMIT) PLANNING This approval of PLN -14 -00214 (Conditional Use Permit) is to develop a Jack in the Box restaurant with a drive through lane at the northeast corner of Firestone Boulevard and Pangborn Avenue on properties that are currently identified 9551 Firestone Boulevard and 11104 Pangborn Avenue, as shown on the approved plans dated, March 16, 2016. Deviations or exceptions from this plan shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions to this approval, with a public notice and public hearing to assure compatibility with the purpose and intent of Comprehensive Zoning Ordinance and to protect public health, safety and welfare. 3. If City approval is contingent upon any changes to the application's plans as submitted, the applicant shall submit three (3) copies of the revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the issuance of building permits. 4. All conditions of PLN -14 -00214 (Conditional Use Permit) shall be complied with before this application becomes valid, unless otherwise noted. 5. All developments in excess of $500,000.00 valuation that involve the construction or reconstruction of commercial uses shall be subject to the Public Arts Program. The Applicant shall either install public art on the property or pay a cash payment, not to exceed one hundred and fifty thousand dollars ($150,000.000), equal to the public arts fee in accordance with the City of Downey Manual for Art in Public Places. 6. 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. 7. PLN -14 -00214 (Conditional Use Permit) shall not become effective until and unless the Downey City Council approves the change of the General Plan Land Use designation of the properties at 9551 Firestone Boulevard and 11104 Pangborn Avenue from General Commercial and Medium Density Residential to Neighborhood Commercial, and to rezone the property from being dual zoned as P -B (Parking Buffer and C -1 (Neighborhood - Commercial) to the entire property being zoned C -1 (Neighborhood Commercial). RESOLUTION NO. 16 -2967 PAGE 6 8. PLN -14 -00214 (Conditional Use Permit) shall not become effective until the Downey City Council approves Final Parcel Map No. 73738, and said Map is recorded with the Los Angeles County Recorder. 9. Applicant shall erect and permanently maintain a 7 -foot decorative masonry wall above finished grade along the northerly and easterly property lines of the subject property. 10. All deliveries made to the business shall occur between the hours of 7:00 a.m. and 9:00 p.m. 11. For the required five -foot wide planter along the north and east property lines where it abuts residentially -zoned properties, the applicant shall plant with trees and shrubs, forming an uninterrupted screen foliage, not less than 10 feet no more than 15 feet in height at the time of planting and which grow to be not less than 15 feet no more than 20 feet in height at full growth. 12. The proposed use shall adhere to the regulations and standards for Drive -In Businesses contained in Section 9406.08 of the Downey Municipal Code. 13. 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.