Loading...
HomeMy WebLinkAboutPC Resolution 16-2966RESOLUTION NO. 16 -2966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW APPLICATION PLN -14- 00214, A REQUEST TO DEVELOP A 3,000 SQUARE FOOT JACK IN THE BOX FAST - FOOD DRIVE - THROUGH RESTAURANT ON THE 33,481 SQUARE FOOT SITE AT 9551 FIRESTONE BOULEVARD AND 11104 PANGBORN AVENUE AND ADOPT A MITIGATED NEGATIVE DECLARATION OF IMPACT FOR THE APPLICATION THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY 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 approval of the Planning Commission's approval of a site plan review of a 3,000 square foot fast food restaurant on properties identified as 9551 Firestone Boulevard and 11104 Pangborn Avenue for compliance with the requisite development, design, and use standards. 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. 2966, approving the proposed Site Plan Review application. SECTION 2. In consideration of the Site Plan Review request, the Planning Commission of the City of Downey further finds, determines and declares that: 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. RESOLUTION NO. 16 -2966 PAGE 2 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. PLN -14 -00214 proposes a simple, modular design for the fast food restaurant featuring three tower elements, sand -float plaster finishes, metal awnings, and decorative banding. The tower elements will emphasize the entrances to the restaurant and the drive -thru window cashier area. Control joints imbedded into the plaster finishes in horizontal and vertical patterns metal awnings and decorative straight -arm wall lights will accent the building and exterior colors will reflect the corporate colors in vogue for Jack in the Box Restaurants.. The landscaping will incorporate a variety of plant sizes and species to promote beauty, water conservation, and functionality (screening) 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. C -1 Zone is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area. The proposed development includes a 3,000 square foot fast food restaurant building with a drive through lane and 31 parking spaces on a 34,000 square foot site. It satisfies the property development standards, site area requirements, vehicular access, landscaping and other factors that allow the subject property to maintain its compatibility with surrounding uses. 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 subject property is rectangular shaped, measures approximately 109 feet in width and 300 feet in depth. The narrow portions of the building face south (Firestone Boulevard) and north, while the longer sides are aligned toward the west (facing Pangborn Avenue) and east. The orientation of the proposed fast food restaurant building follows this pattern to provide safe and efficient on -site circulation and vehicle parking. Two driveway entrances, one on each street, provide vehicular access to the site. A 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 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 by recycling an underutilized, unattractive site into a vibrant commercial property. 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 -2- RESOLUTION NO. 16 -2966 PAGE 3 effects of the development from the view of the public streets. 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 building making 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. A driveway aisle on the northerly site provides separation from the subject property. 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. The proposed fast food restaurant will replace a building that has been in existence since 1963. It will convey a simple, contemporary design that will be new to the area, with building colors and landscaping that will promote the continued revitalization of the Firestone Boulevard corridor. 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. The subject property consists of a 5,000 square foot commercial building on one parcel that has been vacant for more than two years and a single family dwelling on the other parcel that has been unoccupied for a much longer period. There are a few mature trees between the vacant store and the residence, and all parking areas are asphalt. Removing these structures and replacing them with a new and attractive use will upgrade property in the vicinity by improving the existing conditions. 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 -14 -00214 will include a condition stating that the design features will incorporate graffiti resistant materials. 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 -3- RESOLUTION NO. 16 -2966 PAGE 4 Commission fully reviewed and carefully considered the environmental documents, together with any comments received during the public review period. D. The Planning Commission hereby recommends the City Council of the City of Downey adopt the proposed Mitigated Negative Declaration prepared for the Site Plan Review, along with its findings and conclusions. SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN -14 -00214 (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. APPROVED AND ADOPTED this 16th day of Marc 416. atias 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, NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Lujan, Owens, Rodriguez, and Flores Mary C anagh, Secreta City Planning Commissio EXHIBIT A - CONDITIONS -4- RESOLUTION NO. 16 -2966 PAGE 5 PLANNING 1) This approval of PLN -14 -00214 (Site Plan Review) authorizes construction of a 3,000 square foot fast food restaurant on properties identified as 9551 Firestone Boulevard and 11104 Pangborn Avenue. 2) Approval of PLN -14 -00214 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) 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. The Applicant shall verify compliance with this condition by indicating the public art display on the site plan or paying the public art fee, prior to the submitting building plans for plan check. -5- RESOLUTION NO. 16 -2966 PAGE 6 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. 12) 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. 13) The applicant shall install decorative block walls measuring seven feet (7') in height along the north and east property lines. 14) The Applicant shall reconstruct the Firestone Boulevard driveway of the subject property to provide a radius approach. The driveway requires approvals and permits from the Downey Public Works Department. 15) The exterior light fixtures shall be shielded to prevent glare and light spillover onto the adjacent residential properties. 16) The Applicant shall post signs to address noise and loitering on the subject site. FIRE 17) An approved Automatic Fire Extinguishing System installed in accordance with nationally recognized standards shall protect the building throughout. 18) 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. BUILDING 19) The owner /applicant shall obtain all necessary plan approvals and permits. 20) The owner /applicant shall install 10" address numerals on the exterior of the building. PUBLIC WORKS 21) The owner /applicant shall install all utilities underground. 22) 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. 23) 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. I[M