HomeMy WebLinkAboutPC Resolution 16-2965RESOLUTION NO. 16- 2965
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 73738, AN
APPLICATION TO CONSOLIDATE THE TWO LOTS AT 9511 FIRESTONE
BOULEVARD AND 11104 PANGBORN AVENUE AND ADOPT A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE
PARCEL MAP
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. An application was filed on by Mr. Sam Fong, (hereinafter "Applicant ") requesting
approval of Tentative Parcel Map No. 73738, to consolidate two parcels identified
as 9511 Firestone Boulevard (APN 6287024007) and 11104 Pangborn Avenue
(APN 6287024007), into one legal parcel containing 33,481 square feet.
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. 2965,
approving Tentative Parcel Map No. 73738.
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearing, the Planning Commission further finds, determines and declares that:
A. That the proposed map is consistent with the General Plan. The City of
Downey Land Use Element has adopted as one of its goals to address changes in
land use and zoning trends (Goal 1.3) and encourages land uses consistent with
the area's designation as properties recycle (Program 1.3.1.5). Approval of the
Tentative Parcel Map 73035 will result in a land use that is consistent with its
proposed Neighborhood Commercial zoning (a fast food restaurant with a drive thru
lane), and the eventual demolition of two vacant buildings, one residential the other
commercial; consequently, approval of Tentative Parcel Map 73035 is consistent
with the goals, policies, programs, and land uses of applicable elements of the
General Plan.
Resolution No. 16 -2965
Page 2
R That the site is physically suitable for the type and density of development.
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.
C. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems. The proposed subdivision seeks to
consolidate two parcels into one. The project will not cause serious public health
problems to the future occupants of the proposed development, nor persons living
nearby, since there are no sites nearby that pose health hazards, and because the
proposed development is for a commercial use (fast food restaurant with a drive -
thru lane) that is appropriate for this area.
D. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of property within the proposed subdivision. Tentative Parcel Map No.
73738 proposes to consolidate the two parcels that comprise the 33,481 square
foot site, 9511 Firestone Boulevard (APN 6287024007) and 11104 Pangborn
Avenue (APN 6287024007), into one legal parcel. The new Parcel 1 will contain
37,824 square feet of gross land area and 33,481 square feet of net land area. The
City developed Pangborn Avenue to its ultimate right of way width years ago, but
fourteen feet of the subject property remain in the public right of way. The street
dedication proposed on Tentative Map No. 73738 will clear this discrepancy.
Otherwise, there are no public access easements through or across the site.
Additionally, the City has reviewed the request and determined that the approval of
the map will not conflict with utility easements on the site.
E. That the design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage or substantially and avoidably
injure wildlife or their habitat. The subject property is developed with an 850
square foot single - family residence and detached garage, built in 1949 on the
Pangborn site, while site improvements for 9511 Firestone Boulevard consist of a
single -story, 6,261 square foot stucco building with parking areas in the front and
rear. Tentative Parcel Map No. 73738 proposes to consolidate the two parcels that
comprise the 33,481 square foot site to facilitate its development into a 3,000
square foot fast food restaurant with a drive thru lane. There are no known areas
within the City that host wildlife or their habitat, most particularly species identified
as a candidate, sensitive, or special status species. As such, it is staff's opinion
that the proposed the project will not impact wildlife resources.
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Resolution No. 16 -2965
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SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the
Planning Commission of the City of Downey hereby approves Tentative Parcel Map No. 73738,
subject to the conditions of approval attached hereto as Exhibit A.
SECTION 4. The Secretary shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 16th day of March
MatiO 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 Ca anagh, Secretary
City Planning Commission
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Resolution No. 16 -2965
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EXHIBIT A - CONDITIONS
TENTATIVE PARCEL MAP NO. 73738
PLANNING
This approval is to consolidate two (2) lots into one parcel, identified as Parcel 1 on
Tentative Parcel Map No. 73738, which will contain 33,481 square feet (net) and it includes
the properties at 9511 Firestone Boulevard (APN 6287024007) and 11104 Pangborn
Avenue (APN 6287024007), as shown on the approved plan dated March 16, 2016.
Deviations or exceptions from said 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 with a public
notice and public hearing to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the health, safety and general welfare.
3. The applicant/developer shall demolish the residence at 11104 Pangborn Avenue and the
commercial building at 9511 Firestone Boulevard before the Planning Commission and
City Council accept Final Parcel Map No. 73738.
4. All conditions of Tentative Parcel Map No. 73738 shall be complied with before this
application becomes valid.
5. This approval shall expire in 24 months from the effective date of the tentative map's
approval.
6. If City approval is contingent upon any changes to the plans as submitted, the applicant
shall submit three copies of the revised plans, incorporating all approved amendments,
overlays, modifications, etc. to the Planning Division prior to the issuance of building
permits.
7. The final parcel map shall be accepted by the Planning Commission and City Council
before building permits are issued.
8. 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..
PUBLIC WORKS
9. The owner /applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
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Resolution No. 16 -2965
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Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with division 10 and Division
12 of the Streets and Highways code and /or Division 2 of the Government Code of the
State of California.
10. The applicant shall dedicate fourteen feet (14') for right -of -way purposes along the frontage
of Pangborn Avenue and a seventeen feet (17') corner cut off property dedication at the
intersection of Pangborn Avenue and Firestone Boulevard to the standards of the
Engineering Division.
11. The owner shall install all proposed utilities underground.
12. The owner /applicant shall be required to complete a construction & demolition (C &D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
13. The owner /applicant shall submit an engineered grading plan and /or hydraulic calculations
and site drainage plan for the site (prepared and sealed by a registered civil engineer in the
State of California) for approval by the Engineering Division and Building and Safety
Division. Proposed parking lot shall not have less than one (1 %) percent gradient on any
asphalt or non -paved surface, or less than one quarter (1/4 %) percent gradient on any
concrete surface. Provide the following information on plans: topographic site information,
including elevations, dimensions /location of existing /proposed public improvements
adjacent to project (i.e. street, sidewalk, parkway and driveway widths, catch basins,
pedestrian ramps), the width and location of all existing and proposed easements. Broken,
uneven, or sub - standard curb, gutter, sidewalk, driveway, disabled ramps and pavement,
shall be replaced to the satisfaction of the Public Works Department. Contact the Public
Works Inspection Office at (562) 904 -7110 to have these areas identified just prior to
initiating a grading plan. The owner /applicant shall obtain all necessary plan approvals
and permits and 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.
14 All driveway approaches shall be as wide as the driveway or parking aisle they serve. All
unused driveways shall be removed and reconstructed with full- height curb, gutter and
sidewalk.
15. The owner /applicant shall install street trees along Pangborn Avenue frontage per City
Tree Masterplan.
16. The owner /applicant shall install pavement, which consists of a minimum section of 4" thick
aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement.
17. The owner /applicant shall comply with the National Pollutant Discharge Elimination System
(NPDES) requirements of the Federal Clean Water Act; the General Construction Activities
Stormwater Permit (GCASP) of the State Water Resources Control Board; the Standard
Urban Stormwater Mitigation Plan (SUSMP); and Ordinance 1142 of the Downey Municipal
Code (DMC) Low Impact Development (LID) plan.
18. The owner /applicant shall provide that all construction graffiti created as part of this project
in the public right of way to be removed.
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Resolution No. 16 -2965
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19. The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
20. The owner /applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
21. The owner /applicant shall furnish and install the public potable water improvements,
including extension and /or replacement of existing mains and associated facilities, necessary
to provide adequate fire flow and pressure to the site.
22. The owner /applicant shall retrofit existing fire hydrant located at the Southwest corner of
Pellet Street and Pangborn Avenue and other appurtenances as required by the Department
of Public Works and the Downey Fire Department. Such improvements may include,
laterals, backflow devices, and associated facilities with new facilities to current Downey
standards and materials. Backflow devices, fire department connections, and associated
appurtenances are to be located on private property and shall be readily accessible for
emergency and inspection purposes. Backflow devices shall be screened from street view
by providing sufficient landscaping to hide it.
23. The owner /applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and backflow
devices.
24. The owner /applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the Department
of Public Works.
25. The owner /applicant shall identify the point(s) of connection for the sanitary sewer lateral(s)
and confirm that sufficient capacity exists in the publicly owned facilities in conformance with
the requirements of the Department of Public Works and the County Sanitation Districts of
Los Angeles County ( CSDLAC).
26. The owner /applicant shall furnish and install the public sanitary sewer improvements,
including extension and /or replacement of existing mains and associated facilities, necessary
to provide adequate capacity for the site as approved by the Department of Public Works
and CSDLAC.
27. The owner /applicant is responsible for coordinating with Building & Safety permit fees and
payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges.
28. The owner /applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD — latest edition) files in accordance with the requirements of
the Department of Public Works that have been signed by a civil engineer licensed in the
State of California. Final approval of new utilities shall be dependent upon submittal and
approval of record drawing mylars and scanned, uncompressed TIFF images of record
drawings on a CD /DVD -ROM media per City's GIS Requirements.
29. Utility plans shall be submitted to and approved by the Department of Public Works prior to
the issuance of the grading plan permit. Submit plans to Building & Safety and Planning
Divisions regarding the following:
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Resolution No. 16 -2965
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a. The use of drought tolerant plants
b. Drip irrigation
c. Latest Green Code standards for water fixtures, etc.
BUILDING DIVISION
26. Obtain all necessary plan approvals and permits.
28. All electrical and telephone utilities shall be installed underground to the standards of the
City Engineering and Building & Safety Divisions.
29. Future development shall comply with all handicap accessibility requirements for site per
CAC T -24, Part II, Section 11 B.
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