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HomeMy WebLinkAbout1. PLN-17-00072 7966 FlorenceSTAFF REPORT PLANNING DIVISION DATE: AUGUST 16, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER SUBJECT: PLN-17-00072 (SITE PLAN REVIEW AND CONDITIONAL USE PERMIT) – A REQUEST TO CONSTRUCT A NEW 1,785 SQUARE-FOOT STARBUCKS CAFÉ WITH DRIVE-THRU AND OUTDOOR PATIO LOCATION: 7966 FLORENCE AVENUE ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY Starbucks Corporation, hereinafter referred to as “the Applicant”, is requesting a Site Plan Review to construct a new 1,785 square-foot café and a Conditional Use Permit to construct an outdoor patio and drive-thru associated with the café. Pursuant to Code Section 9820.04, all new permitted structure and site improvements in all zones except the R-1 and R-2 Zones require approval of a Site Plan Review from the Planning Commission. Additionally, pursuant to Code Section 9406, new drive-thru businesses require the approval of a Conditional Use Permit. Based on the analysis contained in this report, staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-17- 00072), THEREBY ALLOWING THE CONSTRUCTION OF A 1,785 SQUARE-FOOT STARBUCKS CAFÉ WITH AN OUTDOOR PATIO AND DRIVE-THRU, ON PROPERTY LOCATED AT 7966 FLORENCE AVENUE AND ZONED C-2 (GENERAL COMMERCIAL). BACKGROUND According to the Starbucks website, as of June 2015, the Applicant has approximately 22,519 stores in 67 countries and has decided that this location in Downey would be a great addition to that number. The project site is located on the southwest corner of Florence Avenue and Paramount Boulevard and has an area of approximately 15,760 square feet. This site is located within a larger shopping center that currently houses a pet store, Yoshinoya, Pizza Hut, Baskin Robbins, Subway, and other various retail and small restaurant spaces. The development site is Agenda Page 1 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 2 zoned C-2 (General Commercial) and has a General Plan Land Use Designation of General Commercial (GC). The site is accessible from Florence Avenue and from Paramount Boulevard. There are two driveway entrances along Florence Avenue and one driveway entrance on Paramount Boulevard. There are 164 parking spaces on site. The surrounding properties include various commercial uses such as Tacos El Gavilan, Marketplace Grill and CVS to the North of the site, Chase Bank and Tropicana Restaurant to the East, and Kyoto Sushi to the North-East of the site. The project site is completely surrounded by properties that also have a zone of C-2 and a General Plan Land Use Designation of General Commercial and Office. In 1996, the Planning Commission approved a Conditional Use Permit to permit a 1,900 square- foot drive-thru Walgreen’s pharmacy, which ceased operations in September, 2016. View of Project Site from the intersection at Florence Ave and Paramount Blvd On May 9, 2017, the applicant submitted two entitlement requests, a Site Plan Review and Conditional Use Permit, to the Planning division for the proposed construction of a Starbucks café with a drive-thru and outdoor patio. In accordance with State law, Staff reviewed the applications for completeness within 30 days. On June 7, 2017, Staff sent out an incomplete letter to the application regarding additional comments and corrections that needed to be addressed in order to deem the application complete. On July 26, 2017, the application re- submitted plans for Staff’s review. Staff reviewed the revised plans and materials and deemed the application complete on July 27, 2017. The notice of pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on August 3, 2017. DISCUSSION The proposed Starbucks café with a drive-thru and outdoor patio will bring liveliness to the southwest corner of Florence Avenue and Paramount Boulevard that does not currently exist in this area. The Starbucks will draw more activity to this center which will, in turn, benefit the entire shopping center and the adjoining uses. Although the proposed project is located within a larger shopping center, for all intents and purposes, this report will focus on the portion of the center that will house Starbucks. Agenda Page 2 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 3 Site Plan Review – Project Description The Applicant is proposing to demolish the existing Walgreens pharmacy and construct a new 1,785 square-foot Starbucks café, with a drive-thru and an outdoor seating area. The building will be setback 17-feet south from Florence Avenue and 33-feet from Paramount Boulevard. The building is one-story and has a total height of 24-feet. The café will include two (2) handicap accessible restrooms, a back bar area where the orders are made, an employee workroom, and a seating area for approximately 20 patrons. There will also be a drive-thru and a 100 square- foot outdoor patio that will seat approximately eight (8) patrons and is also handicap accessible. Two (2) entrances into the café are located along the western and southern walls of the café, with the western entrance adjoining the outdoor patio and the southern entrance facing the parking lot. A review of the project development standards is as follows: Standard Requirement Proposed Lot Coverage 50% max 11.96% Building Height 45 ft. / 3 stories 24 ft. / 1 stories Floor Area Ratio 1.4 0.11 Landscape Area 10% of lot min. 12.8% Setbacks: Front (along Paramount Blvd) Rear (interior parking lot) Street Side (along Florence Avenue) 15’ 15’ 15’ 33’ 58’ 17’ Parking: Restaurants/Cafes Entire Site 1 per 100 square feet of gross floor area, including outdoor patio Total: 19 spaces Required: 148 (including proposed project) 19 spaces 164 Access is provided to and from the shopping center and the Starbucks and access to the site is located along Florence Avenue and Paramount Boulevard. The 19 parking spaces that are required for this use are located within the Starbucks’ lease area, as can be seen in the Site Plan on the following page. Nine (9) parking spaces will be provided directly south of the building and ten (10) parking spaces will be provided to the south of those spaces. Each row of parking will provide one handicap accessible space. Patrons can enter the site from Florence Avenue and Paramount and either park to enter the café, or they can enter the drive-thru to order. The site is designed such that there will be a continuous flow of traffic and to allow the most efficient entry and exit from the start of the drive-thru to the end of the drive-thru. Traffic in this intersection will also not be impacted. The Starbucks café is located approximately 70 feet from each driveway entrance. The drive thru queue will be contained on-site and wrap around the building and will not block either entrance. Agenda Page 3 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 4 Architecture The Applicant worked closely with Staff to create a Starbucks that would complement the existing and surrounding architecture, but that would also bring a new and attractive look to Florence Avenue and Paramount Boulevard, an intersection that receives a lot of vehicular and pedestrian traffic. The architecture of the building is modern in design and includes a brick veneer throughout most of the building, except where the drive-thru window is located along Florence Avenue. The brick veneer includes a mixture of different colors, such as “Coronado”, “Belgian Brick”, and “Bear Creek”. The brick decorates the lower portion of the building, from the floor to align with the metal awnings that accent the windows and doors. The southern façade of the building, facing the parking lot, is composed of mostly glass, to create an attractive and street-scale entrance. Flower walls are strategically placed along the southern and northern facades to break up the massing of the building and to create an aesthetically pleasing design feature. The pitch of the roof is the most unique feature of this building. It draws the eye without distracting from the overall design of the café. The roof portion of the café is made out of an aluminum panel in “Rusted Metal”. The café is decorated with cylindrical wall sconces that, when lighted, give off a soft glow while still providing adequate lighting. The lighting in the parking lot will match the lighting fixtures that currently exist in the center. The area surrounding the building Agenda Page 4 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 5 will be well-lit along the entrance, as well as along the drive-thru queue. The following renderings reflect the proposed design of the Starbucks: Proposed view travelling east on Florence Avenue Proposed view travelling north on Paramount Boulevard Agenda Page 5 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 6 Landscaping The development of this site will include a variety of trees and shrubs that are existing and new. Pursuant to Code Section 9520 (Landscaping, Lighting, and Walls), this site is required to have a minimum of ten percent landscaping throughout the site. The Applicant is providing 12.8% landscaping, including 16 trees where only 15 trees are required. Three (3) trees that are located along Paramount Boulevard that will be removed and replaced with Crape Myrtle trees. Landscaping will be installing along the ends of the parking aisles and along the perimeter of the building and drive-thru aisle. The following landscape palette illustrates the types of plants that will be located at this site: Plant Palette Integrated into the landscaping of the project is a new trash enclosure located to the west of the site and setback 15-feet from Florence Avenue. The enclosure will be architecturally compatible with the design of the building by planting vines along the walls. Conditional Use Permit Pursuant to Code Section 9406, the creation of a new drive-thru business requires the approval of a Conditional Use Permit; the project site and project comply with the development standards as laid out in this section of the Code. Specifically, as indicated in Table 9.4.1 of Code Section 9406, the Applicant is providing a drive-thru lane that holds the capacity of the required eight (8) stacking lanes. The width of the drive-thru is 12-feet in width and there is a clear identification and delineation between the drive-in lane and the parking lot. The stacking lane is independent of any on-site parking. Furthermore, the Applicant has fine-tuned the way they operate their drive-thru cafes to provide the best efficiency and service. Agenda Page 6 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 7 In addition to the landscaping that is required for the parking area, an uninterrupted screen hedge shall be planted adjacent to and parallel with any drive-thru lane at a height of a minimum of 3 feet and a maximum height of 3 ½ feet. Staff is recommending a Condition of Approval to require the screen hedge meet the minimum 3 foot height at time of planting. DEVELOPMENT REVIEW COMMITTEE The City’s Development Review Committee reviewed the project on June 1, 2017. There were no concerns from any of the departments, therefore standard Conditions of Approval have been applied to the project. ENVIRONMENTAL ANALYSIS In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has determined that the proposed development is categorical exempt, pursuant to Section 15303, (Class 3, New Construction or Conversion of Small Structures) of the CEQA Guidelines. Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. The project is categorically exempted under this Section because it is a restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. The project site is also not a known habitat for endangered species or any other wildlife. FINDINGS Site Plan Review The Site Plan Review allows the Planning Commission to review the site layout, as well as the architectural style of the buildings. In order to approve the Site Plan Review, the Planning Commission must adopt the following seven findings: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The project site has a zoning designation of GC – General Commercial. According to the General Plan, the General Commercial designation allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repair, and is meant to serve a larger area of the City. As such, the development of this site with a café meets the goals of the General Plan; specifically, General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. Pursuant to Article IX, Section 9314.02, the intent and purpose of the Commercial Zone regulations is to ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located. Specifically, the C-2 Zone is intended to provide for and encourage orderly development of general commercial uses, with a variety of goods and services for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, Agenda Page 7 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 8 functionally related, and compatible with adjacent noncommercial development. The proposed Starbucks café will provide an alternative location for those who live, work, and visit the area to purchase their coffee. As such, this development is in accordance with the purposes and objectives of the C-2 Zone. C. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed Starbucks café is designed to create a harmonious blend between the traditional architectural style of the shopping center, in which it is located, and the new architecture at Marketplace Grille, located to the north of Florence Avenue. The proposed building is one-story, similar to the existing buildings, and brings a new, modern architectural style to the area without creating a negative visual impact on the area. The landscaping is strategically placed to enhance the streetscape and create curb appeal. The design of the building will enhance the character of neighboring vicinity and create a harmonious blend between the adjacent sites. D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site design and overall integration of the landscaping, building orientation, and drive- thru was well-envisioned by the applicant. The relationship of the building to the street creates a welcoming entrance into the building and is pedestrian friendly. The location of the parking spaces throughout the development gives consideration to the residents who will be patronizing this location. The drive-thru is strategically placed to allow the best flow of traffic throughout the site and not block parking spaces or pedestrian circulation. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The project will enhance the existing commercial and residential uses in the area. The vacant Walgreens will be replaced by the Starbucks that is new in its architectural design. It complements the area while breaking away from the traditional Spanish architecture of the existing shopping center. F. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed development includes the development of a Starbucks café that will replace a vacant Walgreens pharmacy which will, in turn, provide a new coffee use in an area where there are no cafes. The proposed building is smaller in size than the existing pharmacy. The traffic generated from this use will be during the morning peak hours, which would not impact parking for the other uses on site. Additionally, the design of the building will enhance the look of the streetscape through its unique architectural style. Agenda Page 8 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 9 G. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Conditions of approval have been added to this project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code. This includes (1) the use of graffiti resistant products in the construction of the building and (2) the removal of any graffiti within 48 hours of application, which will be the responsibility of the applicant to complete. Conditional Use Permit The Conditional Use Permit allows the Planning Commission to review the location, site development, and/or conduct of certain land uses. In order to approve a Conditional Use Permit, the Planning Commission must adopt the following four findings: A. That the requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood. The project site has a zoning designation of GC – General Commercial. According to the General Plan, the General Commercial designation allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repair, and is meant to serve a larger area of the City. As such, the development of this site with a café meets the goals of the General Plan; specifically, General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. 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. The proposed drive-thru for the Starbucks café will not adversely affect the adjoining land uses because it will be taking the place of a drive-thru pharmacy that was approved in 1996. The building size is significantly smaller than the existing pharmacy and the drive-thru has a more functional design than the pharmacy drive-thru. The placement of the building is also conducive to efficient circulation and development on-site. 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 size and shape of the project site is adequate to allow the full development of the proposed Starbucks. The site is approximately 15,760 square-feet; whereas the proposed building will be only 1,785 square-feet. The drive-thru complies with all of the required development standards for drive-thru businesses, as indicated in D.M.C. Section 9406. Additionally, the placement of the building is also conducive to efficient circulation and development on-site. Agenda Page 9 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 10 D. That the traffic generated by the proposed use will not impose an undue burden upon the street and highways in the area. The traffic generated by the proposed Starbucks drive-thru will be fully contained on-site. The drive-thru lane holds a queue of eight (8) cars and there is easy access onto and off the site from Florence Avenue and Paramount Boulevard. Furthermore, the reciprocal access that exists between Starbucks and the shopping center in which it is located, allows for patrons to utilize the other parking spaces in the center, in the case where parking in front of the Starbucks is full. Additionally, the City of Downey Public Works Department reviewed the proposal and did not express concerns of traffic impacts. Florence Avenue and Paramount Boulevard are both six-lane major streets that run east to west and north to south, respectively. The width and capacity of these existing streets can hold the traffic generated by this use. CORRESPONDENCE As of the date that this report was printed, Staff has not received any correspondence regarding this application. CONCLUSION The project contains proper site layout, avoids impacts to neighboring properties, and includes an aesthetically pleasing architectural design. Based on the analysis provided in this staff report, staff feels that all of the required findings can be made in a positive manner; therefore, staff recommends that the Planning Commission approve Site Plan Review and Conditional Use Permit (PLN-17-00072), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Planning Commission Resolution C. 3D Renderings D. Project Plans Agenda Page 10 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 11 Exhibit ‘A’ - Maps Aerial Photograph Location Map Agenda Page 11 7966 Florence Avenue – PLN-17-00072 August 16, 2017 - Page 12 Zoning Map Agenda Page 12 RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-17-00072), THEREBY ALLOWING THE CONSTRUCTION OF A 1,785 SQUARE-FOOT STARBUCKS CAFÉ WITH AN OUTDOOR PATIO AND DRIVE-THRU, ON PROPERTY LOCATED AT 7966 FLORENCE AVENUE AND ZONED C-2 (GENERAL COMMERCIAL). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On May 9, 2017, the applicant submitted a request for a Site Plan Review and Conditional Use Permit to construct a new 1,785 square-foot Starbucks café with drive- thru and outdoor patio on the subject site. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On July 26, 2017, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on July 27, 2017; and, C. On August 3, 2017, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on August 16, 2017, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section 15303 (Class 3, New Construction or Conversion of Small Structures). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Site Plan Review, the Planning Commission further finds, determines and declares that: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The project site has a zoning designation of GC – General Commercial. According to the General Plan, the General Commercial designation allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repair, and is meant to serve a larger area of the City. As such, the development of this site with a café meets the goals of the General Plan; specifically, General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. Agenda Page 13 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 2 B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. Pursuant to Article IX, Section 9314.02, the intent and purpose of the Commercial Zone regulations is to ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located. Specifically, the C-2 Zone is intended to provide for and encourage orderly development of general commercial uses, with a variety of goods and services for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. The proposed Starbucks café will provide an alternative location for those who live, work, and visit the area to purchase their coffee. As such, this development is in accordance with the purposes and objectives of the C-2 Zone. C. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed Starbucks café is designed to create a harmonious blend between the traditional architectural style of the shopping center, in which it is located, and the new architecture at Marketplace Grille, located to the north of Florence Avenue. The proposed building is one-story, similar to the existing buildings, and brings a new, modern architectural style to the area without creating a negative visual impact on the area. The landscaping is strategically placed to enhance the streetscape and create curb appeal. The design of the building will enhance the character of neighboring vicinity and create a harmonious blend between the adjacent sites. D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site design and overall integration of the landscaping, building orientation, and drive-thru was well-envisioned by the applicant. The relationship of the building to the street creates a welcoming entrance into the building and is pedestrian friendly. The location of the parking spaces throughout the development gives consideration to the residents who will be patronizing this location. The drive-thru is strategically placed to allow the best flow of traffic throughout the site and not block parking spaces or pedestrian circulation. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The project will enhance the existing commercial and residential uses in the area. The vacant Walgreens will be replaced by the Starbucks that is new in its architectural design. It complements the area while breaking away from the traditional Spanish architecture of the existing shopping center. F. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed development includes the development of a Starbucks café that will replace a vacant Walgreens pharmacy which will, in turn, provide a new coffee use in an area where there are no cafes. The proposed building is smaller in size than the existing Agenda Page 14 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 3 pharmacy. The traffic generated from this use will be during the morning peak hours, which would not impact parking for the other uses on site. Additionally, the design of the building will enhance the look of the streetscape through its unique architectural style. G. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Conditions of approval have been added to this project to comply with Section 4960 of Chapter 10 of Article IV of the Municipal Code. This includes (1) the use of graffiti resistant products in the construction of the building and (2) the removal of any graffiti within 48 hours of application, which will be the responsibility of the applicant to complete. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. That the requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood. The project site has a zoning designation of GC – General Commercial. According to the General Plan, the General Commercial designation allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repair, and is meant to serve a larger area of the City. As such, the development of this site with a café meets the goals of the General Plan; specifically, General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. 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. The proposed drive-thru for the Starbucks café will not adversely affect the adjoining land uses because it will be taking the place of a drive-thru pharmacy that was approved in 1996. The building size is significantly smaller than the existing pharmacy and the drive- thru has a more functional design than the pharmacy drive-thru. The placement of the building is also conducive to efficient circulation and development on-site. 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 size and shape of the project site is adequate to allow the full development of the proposed Starbucks. The site is approximately 15,760 square-feet; whereas the proposed building will be only 1,785 square-feet. The drive-thru complies with all of the required development standards for drive-thru businesses, as indicated in D.M.C. Section 9406. Additionally, the placement of the building is also conducive to efficient circulation and development on-site. D. That the traffic generated by the proposed use will not impose an undue burden upon the street and highways in the area. The traffic generated by the proposed Starbucks drive-thru will be fully contained on-site. The drive-thru lane holds a queue of eight (8) cars and there is easy access onto and off the site from Florence Avenue and Paramount Boulevard. Furthermore, the reciprocal access that exists between Starbucks and the shopping center in which it is located, allows for patrons to utilize the other parking spaces in the center, in the case where parking in front of the Starbucks is full. Agenda Page 15 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 4 Additionally, the City of Downey Public Works Department reviewed the proposal and did not express concerns of traffic impacts. Florence Avenue and Paramount Boulevard are both six-lane major streets that run east to west and north to south, respectively. The width and capacity of these existing streets can hold the traffic generated by this use. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this resolution, the Planning Commission of the City of Downey hereby approves Site Plan Review and Conditional Use Permit (PLN-17-00072) subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of August, 2017. Jim Rodriguez, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 16th day of August, 2017, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 16 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 5 SITE PLAN REVIEW & CONDITIONAL USE PERMIT (PLN-17-00072) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review and Conditional Use Permit (PLN-17-00072) allows for the construction of a new, 1,785-square-foot Starbucks café with drive-thru, inclusive of all parking and landscaping as shown in the plans dated August 3, 2017. 2) This Site Plan Review and Conditional Use Permit (PLN-17-00072) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 4) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5) All construction must comply with the City’s noise ordinance. 6) All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of- way. 7) The approved architectural style shall be as noted in the approved plans. Changes to the facades and/or colors shall be subject to the review and approval of the City Planner. 8) All buildings and walls shall be finished with graffiti resistant materials. Prior to the issuance of building permits, the applicant shall demonstrate to the satisfaction of the City Planner, that the finished materials will comply with this requirement. 9) Any graffiti applied to the site shall be removed within 48 hours. 10) The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art Agenda Page 17 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 6 on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. 11) All landscape shall be installed and permanently maintained as approved by the Planning Commission. 12) The flower walls located on the North and South walls must be planted to the satisfaction of the City Planner. 13) The landscape architect shall be on-site during the delivery of all plant materials to verify they meet the approved type/sizes. Prior to permit final, the landscape architect shall submit certification to the City Planner that the plants (size and type) meet the approved plans. 14) All above-grade back-flow preventers, check valves, and transformers shall be painted green and screened from view from the public right-of-way. 15) The entries on Florence Avenue and Paramount Boulevard that are closest to the café shall have an enhanced paving (pavers or stamped color concrete). The City Planner shall review and approve final enhanced paving prior to installation. 16) All bollards on the site shall be decorative and match the architectural style of the building. Final approval of the style shall require City Planner approval. 17) The driveway approaches on Florence Avenue and Paramount Boulevard that are closest to the café shall include radius returns. 18) The mechanical equipment, located along the eastern wall of the café, shall be screen- wrapped to match the building, or shall utilize similar materials to screen the equipment from the public view. 19) An uninterrupted screen hedge shall be planted adjacent to and parallel with any drive- thru lane. Said hedge shall be planted at a minimum height of three (3) feet and maintained at a height of three (3) feet to three and one-half (3 ½) feet. The hedge shall not be thorny or spiked, and shall not extend over the sidewalk. 20) All restrooms shall take access from the interior of a building. No exterior access to restrooms shall be permitted. 21) All deliveries shall be made outside morning peak hours (5:00 a.m. through 9:00 a.m.). 22) The parking lot light standards shall match the existing light standards in the entire site. 23) Prior to the installation of any signs, the property owner must obtain approval of a Planned Sign Program for the entire site. 24) The installation of wheel stops for parking spaces is strictly prohibited. 25) A trashcan shall be placed in the outdoor patio. Agenda Page 18 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 7 26) Prior to building permit final, the Applicant shall install one electric vehicle charging station within the parking lot. BUILDING 27) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 28) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the units. FIRE 29) All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. 30) Provide detail on occupancy type, use, and load as to ascertain if deferred submittal of fire sprinkler and alarm plans shall be necessary [CA Fire Code §903; 907] 31) Approved fire access roads/lanes shall be provided [CA Fire Code §503.1.1] 32) Provide Knox Boxes prior to occupancy [CA Fire Code §506.1] 33) Install approved fire extinguishing system in accordance with DMC Section 3319. 2013 CFC, and applicable NFPA standards. A separate plans and permit shall be obtained for this. PUBLIC WORKS 34) All on-site public utilities shall be installed underground. 35) Complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 36) Obtain permits form Public Works Department for all public improvements within the public right of way. 37) Submit public improvement plan(s) for review and approval by Public Works Department. 38) Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant shall be required to Certify and append Public Works standard “Attachment A” to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 39) Remove all construction graffiti created as part of this project within the public-right-of- way in a timely manner. 40) The owner/applicant shall grant easements in the name of the City shall include: Agenda Page 19 Resolution No. 17- Downey Planning Commission 7966 Florence Ave– PLN-17-00072 August 16, 2017 - Page 8 a) Vehicular easements b) Walkway easements c) Drainage easements d) Utility easements 41) The owner/applicant shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications. 42) The owner/applicant shall furnish and install backflow device in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 43) 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. 44) 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. 45) 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). 46) 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. 47) 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. 48) The owner/applicant shall obtain all necessary plan approvals and permits. 49) 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. 50) The Low Impact Development (LID) Plan shall be designed to infiltrate storm water under the parking areas only and shall not use landscaped areas. Agenda Page 20