HomeMy WebLinkAbout4. PLN-16-00206 Rev to PLN-14-00214PLN-16-00206 Revision “A” to PLN-14-00214
511 Firestone Boulevard And 11104 Pangborn Avenue
September 7, 2016 - Page 2
Since then, the applicant has moved forward with the project by submitting plans to the City
for plan check. That process is nearly complete; however, the Building and Safety Department
cannot issue permits for the project and the Applicant cannot begin construction because the
civil engineer’s preparation of Final Parcel Map No. 73738 map lagged behind the building
plan review process. As a result, the final map has not been submitted to the Public Works
Department for review, which means that it is not ready to present to the Planning
Commission or the City Council.
DISCUSSION
Construction activities for the proposed fast food restaurant have not begun because a
condition of approval for Tentative Parcel Map No. 73738 requires Planning Commission and
City Council approval of the final map before the issuance of building permits. In an effort to
avoid losing months of time to begin construction, the Applicant is proposing to change the
wording of Condition No. 7 of the Conditions of Approval for Tentative Parcel Map No. 73738
that reads as follows:
“The final parcel map shall be accepted by the Planning Commission and
City Council before building permits are issued.”
The Applicant is requesting that the Planning Commission amend the wording of Condition
No. 7 to read as follows:
“Prior to the final approval of any building permits or before granting occupancy of the
restaurant building associated with PLN-14-00214, Final Parcel Map No. 73738 shall
be approved by the City and recorded with the County of Los Angeles.”
The proposed revision to Condition No. 7 will allow the Applicant to obtain permits and begin
construction of the fast food restaurant. The City will maintain authorization for final approval
of the building permit and can withhold building occupancy until the Final map is approved by
the City Council and the map is recorded with the County.
RECOMMENDATION:
Staff supports the request and recommends that the Planning Commission adopt a resolution
to amend Condition No.7 of Resolution No. 16-2965 as proposed, thereby allowing the City to
issue a building permit for the fast food restaurant before the City Council accepts Final Map
No. 73738.
EXHIBITS
Applicant’s Letter (Received August 15, 2016)
Resolution
March 16, 2016, Planning Commission Staff Report
Resolution No. 16-2965
H:\Community Development\Davis\cases\Tentative Maps\PLN-16-00206 (9511 Firestone and 11104
Pangborn)\Staff Report (9-7-16).docx
PC Agenda Page 2
RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-16- 00206 (REVISION “A” TO PLN-14-00214) –
A REQUEST TO AMEND CONDITION NO. 7 OF RESOLUTION NO. 16-2965,
TO ALLOW BUILDING PERMITS TO BE ISSUED BEFORE THE CITY
COUNCIL ACCEPTS FINAL MAP NO. 73738
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.On March 16, 2016, the Planning Commission approved PLN-14-00214; a proposal
to develop a Jack in the Box restaurant with a drive through lane at the northeast
corner of Firestone Boulevard and Pangborn Avenue.
B.PLN-14-00214 required the City’s approval of five entitlements to develop the
subject property as intended: 1) a general plan amendment; 2) a zone change; 3)
Tentative Parcel Map No. 70738, 4) a conditional use permit and 5) a site plan
review application. The Planning Commission also revoked a long-standing zone
exception for the property. In addition to the Commission’s actions, the City Council
approved an amendment to the General Plan on April 12, 2016, that changed the
land use categories of the properties at 9551 Firestone Boulevard and 11104
Pangborn Avenue from General Commercial and Medium Density Residential to
Neighborhood Commercial. The City Council also adopted an ordinance to change
the zoning of the southerly fifty two feet (52’) of the property at 9511 Firestone
Boulevard and the adjoining property at 11104 Pangborn Avenue from parking
buffer to neighborhood commercial.
C.Construction activities for the proposed fast food restaurant have not begun
because Condition No. 7 of the Conditions of Approval for Tentative Parcel Map
No. 73738 (stated in Resolution No. 16-2965) requires Planning Commission and
City Council approval of the final map before the issuance of building permits.
D.To avoid losing months of construction time, the Applicant submitted a Land Use
Permit Application (PLN-16-00206), requesting that the Planning Commission
revise the wording of Condition No. 7 of Resolution No. 16-2965.
B.On August 25, 2016, notice of the pending public hearing for PLN-16-00206 was
published in the Downey Patriot on and it was mailed to all property owners within
500 feet of the subject site.
C.The Planning Commission held a duly-noticed public hearing on September 7,
2016, and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. _____,
approving PLN-16-00206 (Revision “A” to PLN-14-00241), subject to the conditions
of approval.
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearing in light of the request to amend the wording of Condition No. 7 of Resolution No.
16-2965, the Planning Commission further finds, determines and declares that:
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Resolution No. _____
Page 2
Page 2
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.
B.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 site 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
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Resolution No. _____
Page 3
Page 3
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.
SECTION 3. On April 26, 2016 the Downey City Council adopted a Mitigated Negative
Declaration for the proposed project.
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 hereby approves PLN-16-00206, subject to the
conditions of approval attached hereto as Exhibit A.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this ____ day of ________ 2016.
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 ____ day of _____, 2016.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 5
Resolution No. _____
Page 4
Page 4
EXHIBIT A –
CONDITIONS OF APPROVAL
PLN-16- 00206 (REVISION “A” TO PLN-14-00214)
TENTATIVE PARCEL MAP NO. 73738
PLANNING
1.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. Prior to the final approval of any building permits or
before granting occupancy of the restaurant building associated with PLN-14-00214, Final
Parcel Map No. 73738 shall be approved by the City and recorded with the County of Los
Angeles.
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.
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Resolution No. _____
Page 5
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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
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.
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Resolution No. _____
Page 6
Page 6
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.
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.
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Resolution No. _____
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Page 7
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:
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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STAFF REPORT
PLANNING DIVISION
DATE: MARCH 16, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-14-00214 - A REQUEST FOR APPROVAL OF THE
FOLLOWING: REVOKE ZONE EXCEPTION CASE NO. 929 IN
ACCORDANCE WITH SECTION 9828 OF THE ZONING
ORDINANCE; A GENERAL PLAN AMENDMENT TO CHANGE THE
LAND USE CATEGORIES OF THE SUBJECT PROPERTIES FROM
GENERAL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL
TO NEIGHBORHOOD COMMERCIAL; A ZONE CHANGE FROM
PARKING BUFFER TO NEIGHBORHOOD COMMERCIAL;
TENTATIVE PARCEL MAP NO. 73738, TO CONSOLIDATE TWO
LOTS; A CONDITIONAL USE PERMIT TO ALLOW THE
DEVELOPMENT OF A DRIVE-THROUGH LANE; SITE PLAN
REVIEW OF THE DEVELOPMENT, DESIGN AND USE
STANDARDS TO CONSTRUCT A 3,000 SQUARE FOOT JACK IN
THE BOX RESTAURANT; AND ADOPT A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT
LOCATION: 9511 FIRESTONE BOULEVARD AND 11104 PANGBORN AVENUE
ZONING: C-1 (NEIGHBORHOOD COMMERCIAL) AND PB (PARKING BUFFER)
REPORT SUMMARY
PLN-14-00214 is a proposal to develop a Jack in the Box restaurant with a drive through lane
at the northeast corner of Firestone Boulevard and Pangborn Avenue. Two properties
comprise the project site: 9551 Firestone Boulevard and 11104 Pangborn Avenue. A
shuttered carpet store occupies the Firestone Boulevard property, while the Pangborn
property supports a single-family residence and detached garage. The applicant holds title
to both parcels and proposes to raze the structures, combine the lots, and develop the fast
food restaurant. Together, the two properties total 33,481 square feet. The assembled site is
rectangular shaped and fronts on both Firestone Boulevard and Pangborn Avenue; it
maintains 96 feet of frontage on Firestone Boulevard and nearly 300 feet on Pangborn
Avenue.
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. The project site also maintains two General
PC Agenda Page 11
PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 2
Plan categories: the former carpet store property is designated General Commercial,
whereas the residential parcel is classified Medium Density Residential.
The Applicant requires five entitlements to develop the subject property as proposed:
1) a general plan amendment; 2) a zone change; 3) a parcel map, 4) a conditional
use permit and 5) a site plan review application. In addition to the entitlements, the
Applicant is requesting the Planning Commission consider revoking a zone exception
permit that is in effect for 9511 Firestone Boulevard. Zone Exception Permit No. 929,
which was granted in 1970, permitted a carpet store to operate at this location. Then
in 1995, the Planning Commission modified the carpet store’s site plan and several of
the zone exceptions conditions of approval; and one of the conditions stipulated the
following. Deviations or exceptions from the approved conceptual site plan shall not
be permitted without the approval of the Planning Commission.
A Mitigated Negative Declaration was prepared for the project by the environmental
and engineering firm DUDEK, to assess its potential environmental effects (a copy is
attached).
After reviewing the Applicant’s request, staff recommends that the Planning
Commission adopt the following resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY REVOKING ZONE EXCEPTION CASE NO. 929 FOR PROPERTY
AT 9511 FIRESTONE BOULEVARD IN ACCORDANCE WITH SECTION
9828 OF THE ZONING ORDINANCE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE GENERAL PLAN BY CHANGING THE LAND USE
CATEGORIES OF THE PROPERTIES AT 9551 FIRESTONE BOULEVARD
AND 11104 PANGBORN AVENUE FROM GENERAL COMMERCIAL AND
MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL
AND ADOPT A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR THE GENERAL PLAN AMENDMENT
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE A ZONE
CHANGE APPLICATION BY CHANGING THE ZONING OF THE
SOUTHERLY FIFTY TWO FEET OF THE PROPERTY AT 9511 FIRESTONE
BOULEVARD AND THE ADJOINING PROPERTY AT 11104 PANGBORN
AVENUE FROM PARKING BUFFER TO NEIGHBORHOOD COMMERCIAL
AND ADOPT A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR THE ZONE CHANGE APPLICATION
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
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PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 3
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
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
BACKGROUND
The applicant operated a Jack in the Box restaurant at the northwest corner of the Firestone
Boulevard/Woodruff Avenue intersection next to Stonewood Center. However, he did not
renew the lease for this location and purchased the project site to develop a Jack in the Box
there instead.
As noted above, two parcels makeup the 33,481 square foot site: 9511 Firestone Boulevard
and 11104 Pangborn Avenue. The Pangborn Avenue property measures 8,500 square feet
and its improvements consist of an 850 square foot single-family residence and detached
garage, built in 1949. The property is zoned PB (Parking-Buffer) but it is designated MDR
(Medium Density Residential) on the General Plan Land Use Diagram. 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. The building was constructed in 1953 and its first tenant
was a grocery/produce store, according to Building Division records. In 1970, the Planning
Commission granted a zone exception permit (ZEC No. 929) to allow a carpet store to
operate at this address. Back then the property was also zoned C-1 and carpet stores were
not listed as a permitted use in the C-1 zone; thus, the need for the zone exception. During
the mid -1980s, the carpet store discontinued operations and was replaced by a
nursery/florist, which operated for the next few years. In the late 1980s, another carpet store
replaced it and was allowed to do so because the zone exception permit was still valid.
In 1995, the Planning Commission held hearings to consider revoking the zoned exception
permit because the carpet store’s outdoor activities were impacting neighboring residents
negatively. Carpet installers were generating noise in the morning when they
loaded/unloaded their trucks; installers were also blocking Pangborn Avenue and the
sidewalk when unloading/loading. In response, the Planning Commission held several
hearings and ultimately decided to modify the store’s site plan and several of the zone
exception’s conditions of approval; the changes enabled the business to continue operating,
without impacting neighboring residents, until it moved out in 2007. A tile and marble store
eventually replaced the carpet store. It ceased operations in October, 2013 and the building
has been empty ever since.
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PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 4
AERIAL PHOTOGRAPH
SURROUNDING LAND USES
Properties on Firestone Boulevard and Pangborn Avenue in the vicinity of the project site
support a variety of uses including various retail stores, a fast-food restaurant, a private
elementary school, apartment complexes, and a single-family neighborhood.
Apartment complexes occupy the neighboring properties north and east of the project site. It
should be noted that apartment complexes occupy the three Firestone Boulevard properties
immediately east of the project site and the two properties to the north on Pangborn Avenue.
SUBJECT SITE
9511 FIRESTONE BL. /
11104 PANGBORN
AVE.
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PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 5
The adjoining property to the east, 9525 Firestone Boulevard, supports a 2-story, 18-unit
complex, known as the Rustic Villa, which was built in 1962 after the Planning Commission
approved Zone Exception Case No. 257. This decision permitted the development of the
multi-family complex as a deviation from the property’s C-1 and P-B zoning (both
classifications are still in effect today). The building maintains a 52-foot front setback,
contains 14,230 square feet of floor area, while the property measures 23,550 square feet.
Additionally, the building is oriented so its west-facing building wall sides up to the
prospective Jack in the Box property. The complex also features open parking in front of the
building, with carports and tuck-under parking in the rear.
A 2-story, 30-unit apartment building, the Monte Carlo, occupies the property just east of the
Rustic Villa complex and both share some of the same characteristics. For example; both
are zoned C-1 and P- B and the Planning Commission adopted a zone exception case that
permitted the Monte Carlo to be developed from its commercial zoning. (ZEC No. 266 was
adopted in 1962). The building also maintains a 52-foot front setback and parking is provided
in both the front and rear of the building. Surface parking is provided in the front, while tuck
under parking, carports and surface parking is provided in the rear. The property measures
about 36,389 square feet; it has 101 feet of Firestone Boulevard frontage and is 360 feet
deep.
A 23-unit complex occupies the property north of the project site, while the property north of it
supports a 12-unit complex. Both apartment buildings are developed in an east/west
orientation, unlike the Firestone Boulevard complexes which face south. The parcel abutting
the Jack in the Box property, 11100 Pangborn Avenue, is a flag-shaped lot with 60 feet of
frontage. This site totals 20,271 square feet and it is zoned P-B. The two-story, 23-unit
complex was built in 1959 with surface parking. The 12-unit apartment building is located at
11026 Pangborn Avenue. The property contains 19,638 square feet, and it is narrow and
deep with measurements of 63.79 feet of frontage and 312.51 feet in depth. It was built in
1969 when the Planning Commission granted a zone exception permit, ZEC No. 798, to
develop the complex from its P-B zone. By contrast the property’s General Plan designation
is Medium Density Residential, which unlike its zoning, reflects the apartment complex. The
12-unit apartment building is a two-story structure measuring 10,050 square feet. The
property features both covered and surface parking.
A McDonald’s drive-through restaurant, a private Christian elementary school and a single-
residence occupy the properties on the west side of Pangborn Avenue, across from the
project site. As the map shows, McDonald’s occupies the northwest corner of the
Firestone/Pangborn intersection, while the private elementary school wraps around the
McDonald’s property, bordering both the north and west sides of the restaurant property. A
single-family residence occupies the property north of the school. This residence is part of
an extensive single-family neighborhood that extends as far north as Florence Avenue and is
sandwiched between Woodruff Avenue and the City’s easterly boundary.
McDonald’s took over the restaurant from Burger King in 2004. The property measures
approximately 23,960 square feet (150 feet of Firestone Boulevard frontage by 160 feet),
while the restaurant contains 3,066 square feet. The Jack in the Box site, in comparison,
measures 33,481 square feet, with the restaurant totaling 3,000 square foot. Thus, the Jack
in the Box site is 28% or 9,521 square feet larger than the McDonald’s parcel. In terms of
site layout, the McDonald’s restaurant building sits in the middle of the property, while its
parking spaces line three sides of the lot. McDonalds’ drive-through lane begins on the east
side of the building, wraps around the north side, and terminates on the west side where the
pickup window is located.
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The private elementary school, Kirkwood Christian Elementary, sits on an L-shaped site that
fronts both Pangborn Avenue and Firestone Boulevard. The school site consists of two
properties, which total 27,284 square feet. The school facility contains 6,320 square feet and
consists of four indoor classrooms, an outdoor play yard, a pool, an outdoor lunch area, and
a covered art area. Off-street parking is provided in the front portion of both the site’s
Pangborn and Firestone properties. Kirkwood Elementary has been operating at this location
since 1972. It provides education for kindergarten through Grade 3 and has a student
population of 120. The school operates year round and is open Monday through Friday, from
6:30 a.m. to 6:00 p.m.
In 1986, the Planning Commission granted Kirkwood school two entitlements, allowing it to
expand to its present configuration. Entitlements included Conditional Use Permit No. 231,
which allowed the school to add 4,200 square feet of building area, thereby increasing its
size from 2,120 square feet to 6,320 square feet. The second entitlement, Zone Variance
No. 450, allowed the school to exceed the C-1 zone’s 3,000 square foot floor area cap for an
individual business. This standard was in effect until 2008.
The project site occupies the northeast corner of the Firestone Boulevard/Pangborn 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.
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.
ANALYSIS
The Applicant is proposing to develop the subject site by constructing a fast food restaurant
with a drive through lane. The project requires the Planning Commission’s approval of the
following entitlements or discretionary actions: a general plan amendment, a zone change, a
tentative parcel map, site plan review and a conditional use permit. It also requires the
Planning Commission to consider revoking ZEC No. 929, which allowed a carpet store to
occupy the project site. Following is an analysis of these aspects of the application:
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1. General Plan Amendment
The Applicant is requesting to change the site’s two General Plan designations to
“Neighborhood Commercial.” The proposed fast food restaurant is a retail use that falls
within the requested “Neighborhood Commercial” category. The site’s C-1 (Neighborhood
Commercial) zone is the City zoning classification and corresponds with the requested
General Plan category.
Currently the project site maintains two General Plan designations; the parcel that the former
carpet store occupied is designated “General Commercial,” while the property with the single-
family dwelling is designated “Medium Density Residential. “Neighborhood Commercial” is
the land use category that is best suited for the project site due to factors such as its limited
size, the nearby residential neighborhood and its Firestone Boulevard frontage. Its current
“General Commercial” category allows for a wide range of commercial uses and project
types; some with extensive trade areas, like regional shopping centers, new and used
automobile dealerships, hotels, office buildings and hospitals. Uses associated with the
“General Commercial” designation are typically more intense so this category is appropriate
in areas with large sites that provide buffers for adjoining land uses. This suggests that the
project site, which contains about 33,481 square feet, is not large enough to accommodate
the above-mentioned uses. The “Neighborhood Commercial” category, by contrast, is
intended for neighborhood-serving retail uses, which draw customers from adjoining
neighborhoods, and not areas from outside the city or region. Consistent with this intent,
uses described as “Neighborhood Commercial” are typically small in scale with respect to
floor area, building height and operational activities.
When the City adopted its first comprehensive General Plan in 1973, the former carpet store
property was designated “Neighborhood Commercial;” (a carpet store occupied the property
in 1973 and began operations there in 1970). The 1973 General Plan labeled the property as
a suitable location for retail and personal uses related to serving neighborhood needs. Then
in 1992 when the City conducted its first General Plan Update, the City Council changed the
land use designation of the site along with the other properties on the north side of Firestone
Boulevard between Pangborn and Newville Avenues to “General Commercial”. City Council
members, especially mindful of the properties’ Firestone Boulevard frontage, amended the
designation hoping a future developer would assemble and redevelop the adjoining
properties (i.e., converting the mostly apartment complexes into a large commercial project).
However, the land use designation change failed to spur redevelopment and these properties
still support apartment complexes, which date back to the 1960s.
The other property that makes up the northerly portion of the subject property, 11104
Pangborn Avenue, supports a single-family residence. It is designated “Medium Density
Residential” and is zoned parking buffer (P-B). The property measures 8,500 square feet
and the residence, built in 1949, is a 1-story building with a detached garage. This property
was designated “Medium Density Residential” in 1973 with the adoption of the first General
Plan and the City Council re-classified it to “General Commercial”, as part of the 1992
General Plan Update. Then, in 2005, the Council changed the designation back to “Medium
Density Residential.”
The property’s limited size makes developing a multi-family project unlikely because the
required R-3 (Medium-Density Residential) development would yield only two units on the
site. Furthermore, developers typically shy away from a project with so few units. In reality,
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the only use this property can support is a single-family residence; as such, its land use
classifications should ideally be changed to reflect the dwelling. However, it is the only
single-family residence east of Pangborn Avenue and to reclassify it to Low Density
Residential and R1 smacks of spot zoning.
Also noteworthy is the property’s General Plan/zoning ordinance inconsistency. Its parking
buffer (P-B) zone does not correspond with its “Medium Density Residential” General Plan
category, and the P-B zone no longer exists since it was eliminated from the Zoning
Ordinance in 2008 when the ordinance was updated. In recognition of the action, properties
in Downey with the P-B zoning are rezoned when they file discretionary actions). Besides the
inconsistency, neither land use classification reflects the property’s single-family
improvements.
Facing these circumstances, the ideal course of action is to merge the property with an
adjoining parcel. Doing so results in a larger parcel with greater development potential. It
provides more options with respect to project layout and design and provides more space to
meet applicable development standards. Unfortunately, the ability to combine properties
does not present itself very often; however, such an opportunity has surfaced with this
development proposal. The project applicant holds title to the two properties that make up the
project site, which allows him to consolidate the properties through the tentative parcel map
process and develop the drive-through restaurant on the assembled lot.
2. Zone Change
The Applicant is requesting a zone change in association with the General Plan Amendment.
In this case, the request is to change the P-B portions of the subject property (the southerly
fifty-two feet of 9511 Firestone Boulevard and all of 11104 Pangborn Avenue) to C-1.
The reasons for the change are:
a. The “Neighborhood Commercial” is the zoning category that is best suited for the project
site due to factors such as its limited size, the nearby residential neighborhood and its
Firestone Boulevard frontage. Similarly-zoned properties exist on the north side of
Firestone Boulevard east and west of the subject site and have existed this way since the
subject property was developed in 1970 and the current zoning was established in 1992.
b. The P-B zone no longer exists since it was eliminated from the Zoning Ordinance in 2008
when the ordinance was updated. In recognition of the action, properties in Downey with
the P-B zoning are rezoned when they file discretionary actions.
c. The proposed zone change will correspond to the Neighborhood Commercial designation
proposed by the general plan amendment.
d. The entire site will maintain the same zoning.
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ZONING MAP (CURRENT ZONING)
3. Tentative Parcel Map 73738
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. It is worth noting that
the map illustrates the difference between the existing property line along Pangborn Avenue
and the proposed property line along this area, as well as the proposed street dedication on
Pangborn. 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. Section
9314.06 of the Downey Municipal Code, identifies the development standards for all
commercial zones in the City. The following Table summarizes those standards for new lots
in the C-1 zone in relation to the lot Tentative Parcel Map No. 73738 proposes:
Lot Requirements for Properties in the
C-1 (Neighborhood Commercial Zone)
Standard Requirement Lot 1
Lot Area
Minimum (Sq. Ft.) 6,000 Sq. Ft. 33,481 Sq. Ft.
Lot Width
Minimum (Feet) 60 Feet 108.54 Feet
Lot Depth
Minimum (Feet) 100 feet 299.79 Feet
SUBJECT PROPERTY
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The Table illustrates that the lot proposed by Tentative Parcel Map No. 73738 satisfies the
minimum Code requirements for lot area, lot width, and lot depth.
4. Site Plan Review
Section 9820 of the Code discusses the intent and purpose of site plan review, which is to
provide a streamlined administrative review process for verifying a project’s compliance with
the requisite development, design, and use standards, while assuring interested parties that
proposed uses, structures, designs, and site improvements comply with the provisions of the
Code before preparation of plans for building permits.
a. Land Use Statistics
Land Area 33,481 sq. ft.
Building Floor Area: 3,000 sq. ft.
Lot Coverage
Maximum Allowed 50%
Proposed 9%
Parking Required
Restaurant (1/100) 30 spaces
Parking Provided: 31 spaces
Landscaping
Required: (10% of the Total Parking Area) 590 sq. ft.
Provided: (16.2% of the total parking area) 958 sq. ft.
b. Circulation
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.
c. Architecture
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 would locate on the south, east, and west elevations, and stand 21
feet above grade, which is three feet taller than the remaining walls of the building. These
towers will emphasize the entrances to the restaurant and the drive-thru window cashier
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area. Control joints imbedded into the plaster finishes in horizontal and vertical patterns to
prevent cracks from occurring will provide visual interest for the wall surfaces. Building
accents include metal awnings (painted red and grey) and decorative straight-arm wall
lights. The building will reflect the corporate colors in vogue for Jack in the Box
Restaurants: Fireweed (brick red), Balanced Beige, and Downing Straw (dark yellow). The
proposed signs are corporate signage scaled moderately.
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d. Landscaping
PLN-15-00214 proposes a variety of plants to create visual interest for the fast food
restaurant. The following Table identifies these plants:
PLANT MATERIALS
Botanical Name Common Name
TREES: Brachychiton Populneus, Kurrajung
10% 48” Box
10% 36” Box, Bronze Loquuat
15% 24” Box
20% 15 Gallon Goldenrain Tree
Hybrid Crape Myrtle
Callistemon “Little John” Dwarf Bottle Brush
Tauutle Natal Plum
SHRUBS: Leucophyllum Frutescens “Green
Cloud” Texas Ranger
Ligustrum Texanum Texas Privet
25% 15 Gallon,
75% 5 Gallon Carissa Macrocarpa Tuttle Compact Myrtle
Pittosporum Tenuifolium Kohuhu
Rhaphiolepis Indica Pinkie Pinkie Indian Hawthorne
Westringia Fruiticosa Coast Rosemary
SMALL SHRUBS AND
PERINNIALS Lantana New Gold Golden Spreading Lantana
100% 1 Gallon Senecio Mandraliscae Blue Ice Plant
Agave Desmettiana Smooth Agave
Anigozanthos 'Bush Ranger'
Bush Ranger Kangaroo Paw
ACCENT PLANTS Dianella Tasmanica Little Rev Little Rev Flax Lilly
30% 5 Gallon
70% 1 Gallon Dietes Bicolor Bicolor African Iris
Hesperaloe Parviflora
Red Yucca
Strelitzia Reginae Bird Of Paradise
VINES:
100% 5 gallon Ficus Pumila Creeping Fig
GROUNDCOVERS:
Flats Dymondia Margararetae Silver Carpet
BIO RETENTION
PLANTS Carex Pansa California Meadow Sedge
100% 1 Gallon Chondropetelaum Tectorum Small Cape Rush
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5. Conditional Use Permit
Section 9406 of the Downey Municipal Code provides the regulations and development
standards for drive-in businesses, such as banks, drug stores and fast food restaurants that
provide drive-in facilities for serving customers within their automobile. It states that the
Commission may grant a Conditional Use Permit for a drive-in business provided the
proposed use meet those standards. Therefore, the proposed Jack in the Box Restaurant
requires a CUP because it features a drive through lane along the north and west sides of the
building. The Drive-In Business Lane Standards are described as follows:
“(m) Drive-In Business Lane Standards.
(1) All businesses that provide drive-in facilities for serving customers within their
automobile shall provide stacking space that meets the requirements in Table
9.4.1.
Table 9.4.1. Drive-In Business Stacking Space
Use Required Stacking Space Per Service Lane
Banks 5
Coffee Facilities
Before order board 4
Between order board and pick-up window 4
Drug Stores / Pharmacies 4
Dry Cleaning 4
Fast-Food Restaurants
Before order board 4
Between order board and pick-up window 4
Photo Service 4
Car Washes (Self-Service, Coin-Operated) a
Entry 2
Exit 1
Car Washes (Full-Service)
Entry 6
Exit 2
Notes:
a Wash stalls shall not count as stacking space.
(2) Each stacking space shall be computed on the basis of a vehicle being nine
(9) feet in width and twenty (20) feet in length. Each stacking lane shall be a
minimum of twelve (12) feet in width.
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(3) Clear identification and delineation between the drive-in lane(s) and parking lot
shall be provided.
(4) Where the lot dimensions allow, all drive-in business shall provide an escape
lane that allows other vehicles to pass those waiting to be serviced.
(5) The stacking lane shall be independent of any on-site parking, parking
maneuvering areas, public streets, or alley or traffic ways serving other on-site
and/or off-site uses.
(6) The minimum required length of any stacking space may be increased if it is
determined that additional stacking area will be required to adequately serve the
use.
(7) A traffic study addressing both on-site and off-site traffic and circulation
impacts may be required.
The proposed project meets or exceeds the minimum development standards for drive in
businesses and for drive thru lanes.
6. Revoke Zone Exception No. 929.
In April 1970, the Planning Commission approved ZEC No. 929 for the property at 9511
Firestone Boulevard, which governed the operations of a carpet store at this location. In
1995, the Planning Commission conducted several public hearings to examine of the
activities of the carpet store that was operating there at the time, because it was impacting
neighboring residents negatively. As a result of those hearings, the Planning Commission
revised the store’s site plan and modified several of the zone exception’s conditions of
approval in an effort to buffer the store’s activities from the neighboring residents. A tile store
was the last business to occupy the property and it ceased operations in October, 2013.
Nevertheless, Zone Exception No. 929 remains in effect until it is revoked by the Planning
Commission.
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In connection with the Jack in the box development proposal, the owner of project site, who
also doubles as the project applicant, filed a request with the Community Development
Department to revoke the zone exception. According to Zoning Ordinance Section 9828.06,
a property owner may initiate the revocation procedure by filing a written request. This code
section states that a permit may be revoked by a majority of the Planning Commission at a
public hearing upon finding any one of the following six conditions to be true:
1. That the use is being operated in a manner that is detrimental to the public health, safety,
welfare, and public convenience or is a public nuisance;
2. That the permit or variance was obtained by fraud;
3. That the use for which the permit or variance was granted is not being exercised;
4. That the use is being conducted in violation of the terms and conditions of the permit or
variance or in violation of any statute, ordinance, law or regulation;
5. That the use for which the permit or variance was granted has ceased or has been
suspended for one (1) year or more; and
6. That the time period for which the permit or variance was granted has lapsed or been
violated.
Conditions No. 3 and No. 5 are true in this case because the last business to occupy the
building ceased operations there more than two years ago. In light of the time lapse, Staff
recommends the Planning Commission adopt the attached resolution, revoking Zone
Exception 929 for the property at 9511 Firestone Boulevard.
ENVIRONMENTAL
In accordance with the provisions of the California Environmental Quality Act (CEQA), The
City of Downey obtained the services of DUDEK, an environmental consulting firm, to
prepare an Initial Study and Negative Declaration to assess the potential consequences of
implementing the development proposal.
Transportation and Traffic impacts were among the issues assessed by Dudek in this
environmental assessment. The traffic analysis prepared for the project analyzed the traffic
volumes and levels of service in the study area and concluded that the proposed project will
result in a less than significant impact on transportation and traffic. The study area evaluated
Firestone Boulevard, Pangborn Avenue, Woodruff Avenue, Stewart and Gray Road, and
Newville Avenue. It also studied intersections where Woodruff Avenue, Pangborn Avenue,
and Stewart and Gray Road intersect Firestone Boulevard. The study concluded that the
project would result in less than significant impact to the level of service on Firestone
Boulevard; the project will result in less than significant impact due to a design feature
because, the project would not generate incompatible uses within the surrounding uses and
does not create hazards for vehicles, bicycles, or pedestrians entering or exiting the site; the
project will have less than significant impact with regard to emergency access, project
generated traffic will not prevent emergency vehicles from entering the site and the site is
located in an established, developed area with ample access for emergency service
providers; and the project’s access points have been designed with the City’s circulation
standards and would not conflict with adopted policies, plans, or programs related to public
transit, bicycle, or pedestrian facilities, and impacts would be less than significant.
DUDEK concluded that although the proposed Jack in the Box Restaurant could have a
significant effect on the environment, there will not be a significant effect in this case because
of mitigation measures that have already been made by the applicant. Therefore, DUDEK
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prepared a Mitigated Negative Declaration. Staff circulated the environmental documents for
public review and comment for 21 days, pursuant to the review period in the City’s Guidelines
for implementing CEQA. The comment period started on November 26, 2015 and ended on
December 17, 2015. Staff received comments in the form of two letters and petitions signed
by 31 persons
DEVELOPMENT REVIEW COMMITTEE
On September 3, 2015, the Development Review Committee (DRC) discussed and evaluated
various aspects of the project PLN-14-00214 proposes that pertain to Planning, Police, Fire,
Public Works, and Building and Safety matters. Building and Safety and Fire did not express
any concerns with the proposed project, stating that their issues will be addressed through
the plan check process. The Police Department had no concerns with the applicant’s
proposal. Public Works primary concerns involved securing a fourteen foot (14’) dedication
along the Pangborn Avenue frontage of the subject site and a seventeen foot (17’) corner
cutoff dedication at the intersection of Pangborn Avenue and Firestone Boulevard, to the
standards of the Engineering Division.
FINDINGS
General Plan Amendment
Subsection 9834.08 of the Code provides that the Council shall make the following findings to
approve an amendment to the General Plan:
A. That the proposed General Plan Amendment is consistent with all other goals,
policies, programs, and land uses of applicable elements of the General Plan.
Implementing the requested General Plan Amendment is consistent with two General
Plan programs. Specifically, Program 1.1.4.4. “Phase out and re-designate the land
use classifications for selected strip commercial areas” and “Program 1.3.2.7.
Encourage the grouping of adjoining small odd shaped parcels in order to create
more viable developments”. Changing the affected site’s land use classifications to
“Neighborhood Commercial” translates into phasing out the land use category of a
site with Firestone Boulevard frontage, which can be characterized as a strip
commercial property. The site’s existing classifications do not match its
characteristics, however. Specifically, the site is not large enough and lacks sufficient
frontage to accommodate the kind of uses that the “General Commercial” category
envisions. Furthermore, the project site is proximate to a large, single-family
neighborhood and the kind of uses that the existing General Commercial designation
allows would negatively impact residents due to the site’s small size and lack of buffer
areas. Implementing the development proposal includes a tentative parcel map
application, a request to merge a large lot with a small, adjoining lot. The merged
parcel, measuring about 33,481 square feet, enables the applicant to develop an
efficient site layout for the proposed fast food drive-through restaurant, while also
complying with all applicable development standards.
B. That the proposed General Plan Amendment will not adversely affect
surrounding properties or the surrounding environment. Amending the affected
site’s General Plan categories to the requested “Neighborhood Commercial” will not
impact neighboring properties or the surrounding environment. The land uses that
the requested land use category allows are much less intense than the existing
classification permits. The requested “Neighborhood Commercial” designation
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supports neighborhood-serving uses which are intended to serve only the limited
need for convenience and service goods for neighboring residents. .
C. That the proposed General Plan Amendment promotes the public health, safety
and general welfare and serves the goals and purposes of this article.
The Applicant is requesting to change the site’s two General Plan designations to
“Neighborhood Commercial.” The site’s C-1 (Neighborhood Commercial) zone is the
City zoning classification and corresponds with the requested General Plan category.
“Neighborhood Commercial” is the land use category that is best suited for the project
site due to factors such as its limited size, the nearby residential neighborhood and its
Firestone Boulevard frontage. Its current “General Commercial” category allows for a
wide range of commercial uses and project types; some with extensive trade areas,
like regional shopping centers, new and used automobile dealerships, hotels, office
buildings and hospitals. Uses associated with the “General Commercial” designation
are typically more intense so this category is appropriate in areas with large sites that
provide buffers for adjoining land uses. This suggests that the project site, which
contains about 33,481 square feet, is not large enough to accommodate the above-
mentioned uses. The “Neighborhood Commercial” category, by contrast, is intended
for neighborhood-serving retail uses, which draw customers from adjoining
neighborhoods, and not areas from outside the city or region. Consistent with this
intent, uses described as “Neighborhood Commercial” are typically small in scale with
respect to floor area, building height and operational activities.
D. That the proposed General Plan Amendment will not conflict with the
provisions of this article, including the City’s subdivision ordinance.
The requested change of the site’s two General Plan designations to “Neighborhood
Commercial “is consistent with the provisions of Article IX of the Downey Municipal
Code (Land Use), because the C-1 (Neighborhood Commercial) 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 33,481
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. 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.
Zone Change
Section 9830.06 of the Code states that the Commission, prior to making written
recommendations to the Council and the Council prior to approving a Zone Change shall
make all of the following findings:
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March 16, 2016 - Page 21
A. That the requested zone change is necessary and desirable for the development of
the community in harmony with the objectives of the General Plan and Chapter 1,
Zoning, of Article IX, Land Use, of the Downey Municipal Code and is in the interests
or furtherance of the public health, safety and general welfare. The requested C-1
zone is in harmony with the General Plan since it is consistent with it and will
implement several provisions of the plan. Specifically, the C-1 zone is the
classification that is the equivalent or conforms to the Neighborhood Commercial
General Plan category proposed for affected property. It is designed through its
development standards and list of permitted uses to implement the goals and policies
of the site’s General Plan category. Additionally, adopting the proposed zoning will
implement General Plan Policy No. 1.3.2.3., which directs the City to “Change the
zoning of properties where inconsistent with the General Plan land use designation”.
Other General Plan provisions that the C-1 zone will implement include Land Use
Chapter Policy 1.1.4, which encourages the City to provide an appropriate amount of
land area for people to provide goods and services and Economic Development
Chapter Goal 9.1: Attract and Retain Businesses.
B. That the requested zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area. Properties on Firestone
Boulevard and Pangborn Avenue in the vicinity of the project site support a variety of
uses including various retail stores, a fast-food restaurant, a private elementary
school, apartment complexes, and a single-family neighborhood. Other retail
businesses (including a carpet store and a tile store) have occupied the subject site
since 1953. The requested zone change will permit the development of a fast food
restaurant with a drive-thru lane that will be very similar to the fast food business
across the street. In addition, a new project will be subject to the City’s design review
process that will provide for an attractive project that complements the area.
C. That the site is adequate in size to accommodate the uses permitted in the zone
requested and that all applicable property development standards can be complied
with. The property under consideration is more than adequate in size to successfully
accommodate the permitted uses and development standards of the requested C-1
zone. It totals 33,481 square feet, compared to 6,000 square feet, which is the
minimum lot size. It also exceeds the minimum dimension lot width and lot depth
requirements of the proposed zone. The property measures approximately 109 feet
by 300 feet. By comparison, the minimum width is 60 feet and the minimum lot depth
for properties in the C-1 zone is 100 feet.
D. That the site properly relates to streets and highways designed and fully improved to
carry the type and quantity of traffic that is expected to be generated in the area and
that utilities exist or are planned which will adequately serve the property as rezoned.
The project site occupies the northeast corner of the Firestone Boulevard/Pangborn
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
PC Agenda Page 31
PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 22
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.
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.
E. That the proposed zone change is in general conformance with the General Plan and
General Plan land use designation for the parcel . Currently, the General Plan land
use designations for the subject property are General Commercial and Medium
Density Residential. The proposed C-1 zone is consistent with the Neighborhood
Commercial General Plan designation proposed for the affected property.
F. In taking this action, the Planning Commission has considered the effects of the
decision on the housing needs of the region in which the City is located and balanced
these needs against the public service needs of City residents and available fiscal
and environmental resources.
Tentative Parcel Map No. 73738
The following five (5) findings must be adopted in order to approve the tentative parcel map.
A discussion of the findings follows:
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.
B. 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.
PC Agenda Page 32
PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 23
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.
Conditional Use Permit
Pursuant to Municipal Code Section 9824.06, four (4) findings must be adopted prior to the
Planning Commission approving a Conditional Use Permit. Staff has reviewed the proposal
and has developed the following findings for the approval of the PLN-14-00214:
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
PC Agenda Page 33
PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 24
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. 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 adequate 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 an undue burden
upon the streets and highways in the area. The project site occupies the northeast
corner of the Firestone Boulevard/Pangborn 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
PC Agenda Page 34
PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 25
is 40 miles per hour and on-street parking is prohibited to maximize the street’s
capacity.
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.
CORRESPONDENCE
On December 16, 2015, staff received correspondence from Kathy Yolton, owner of the
Pinewood Apartments at 11100 and 11026 Pangborn Avenue. She expressed numerous
concerns about the project related to health and safety, noise, traffic concerns, crime, and
commercial uses in close proximity to residential. On December 31, 2015, staff received
letters from Mr. Allen Korneff, owner of the Rustic Villas Apartments (9525 Firestone
Boulevard) along with a petition signed by 31 individuals expressing opposition to the
proposed project due to a number of traffic-related issues and concerns.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission:
1. Adopt a resolution recommending that the City Council approve an amendment to the
General Plan by changing the land use categories of the properties at 9551 Firestone
Boulevard and 11104 Pangborn Avenue from General Commercial and Medium Density
Residential to Neighborhood Commercial, and to change the zoning of the southerly fifty
two feet of the property at 9511 Firestone Boulevard and the adjoining property at 11104
Pangborn Avenue from parking buffer to neighborhood commercial; and
2. Adopt resolutions to revoke Zone Exception Case 929, approve Tentative Parcel Map No.
73738, approve PLN-14-00214 for Site Plan Review and a conditional use permit, and to
adopt a Mitigated Negative Declaration.
Attachments: Site Photographs
Resolutions
Correspondence
Mitigated Negative Declaration
PC Agenda Page 35
PLN-14-00214 9511 Firestone Boulevard And 11104 Pangborn Avenue
March 16, 2016 - Page 26
SITE PHOTOGRAPH - 9511 FIRESTONE BLVD
SITE PHOTOGRAPH - 11104 PANGBORN AVE
PC Agenda Page 36
RESOLUTION 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.
PC Agenda Page 37
Resolution No. _____
Page 2
Page 2
B. 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.
PC Agenda Page 38
Resolution No. _____
Page 3
Page 3
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 2016.
Originally signed by Matias Flores
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
Originally signed by Mary Cavanagh
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 39
Resolution No. _____
Page 4
Page 4
EXHIBIT A - CONDITIONS
TENTATIVE PARCEL MAP NO. 73738
PLANNING
1. 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
PC Agenda Page 40
Resolution No. _____
Page 5
Page 5
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
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
PC Agenda Page 41
Resolution No. _____
Page 6
Page 6
in the public right of way to be removed.
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.
PC Agenda Page 42
Resolution No. _____
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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:
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.
PC Agenda Page 43