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HomeMy WebLinkAboutPC Resolution 16-2973RESOLUTION NO. 16 -2973 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). Resolution No. 16 -2973 Downey Planning Commission 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: 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 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 2 Resolution No. 16 -2973 Downey Planning Commission 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: 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. 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 3 Resolution No. 16 -2973 Downey Planning Commission 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] 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 4 Resolution No. 16 -2973 Downey Planning Commission PASSED, APPROVED AND ADOPTED this 6th day of April, 2016., Matias ores, Chairman City Panning 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: Flores, Rodriguez, Morales and Lujan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Owens ABSTAIN: COMMISSIONERS: None Mary Cavanagh, Secretary City Planning Commission 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 5 Resolution No. 16 -2973 Downey Planning Commission 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. 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 6 Resolution No. 16 -2973 Downey Planning Commission 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. 18) The Applicant shall reconstruct the Florence Avenue driveway of the subject property to provide a radius approach. The driveway requires approvals and permits from the Downey Public Works Department BUILDING 19) 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. 20) 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 21) All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 7 Resolution No. 16 -2973 Downey Planning Commission PUBLIC WORKS 22) All new onsite utilities shall be installed underground. 23) All utility easements on the west side of the site shall be protected in place. There shall be not structures placed over the easements. 24) 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). 25) The applicant shall install a grease interceptor that connects to kitchen sewer lateral. 26) Trash enclosure shall have a roof cover and floor drain connection to grease interceptor. Include hose bib connection for regular maintenance. 10207 Lakewood Blvd — PLN -15 -00230 April 6, 2016 - Page 8