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HomeMy WebLinkAbout1. PLN-18-00111 - 7740 FirestoneSTAFF REPORT PLANNING DIVISION DATE: TO: SUBMITTED BY: REVIEWED BY: PREPARED BY: SUBJECT: LOCATION: ZONING: DECEMBER 5, 2018 PLANNING COMMISSION ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, CITY PLANNER GUILLERMO ARREOLA, PRINCIPAL PLANNER PLN-18-00111 (CONDITIONAL USE PERMIT & MINOR SITE PLAN REVIEW) – A REQUEST TO ADD A DRIVE-THRU LANE AND THE CONSTRUCTION OF A 74 SQUARE FOOT ADDITION TO AN EXISTING DRIVE-THRU, FAST FOOD RESTAURANT 7740 FIRESTONE BOULEVARD C-2 (GENERAL COMMERCIAL) REPORT SUMMARY Core States Group (hereinafter “the Applicant”) is requesting approval of a Conditional Use Permit and Minor Site Plan Review to add an additional drive-thru lane and add 74 square feet to an existing, drive-thru restaurant. Pursuant to Downey Municipal Code 9406, the construction of a drive-thru lane requires approval of a Conditional Use Permit. Additionally, Section 9814.06 states that a small addition to an existing building of no more than ten (10) percent within a five (5) year period requires the approval of a Minor Site Plan Review. Based on the analysis contained in this report, staff is recommending that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-18-00111 (CONDITIONAL USE PERMIT & MINOR SITE PLAN REVIEW), THEREBY ALLOWING ONE (1) ADDITIONAL DRIVE-THRU LANE AND THE CONSTRUCTION OF A 74 SQUARE FOOT ADDITION TO AN EXISTING DRIVE- THRU, FAST FOOD RESTAURANT, LOCATED AT 7740 FIRESTONE BOULEVARD AND ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The project site is located at the southwest corner of Firestone Boulevard and Rives Avenue. The property is zoned C-2 (General Commercial) and has a General Plan Land Use Designation of General Commercial. The subject site measures approximately 29,523 square feet in area and is improved with a 3,256 square-foot drive-thru restaurant with one (1) drive- thru lane that is operated by McDonald’s Restaurant. Adjacent uses include the Knights of PC AGENDA PAGE 1 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 2 Columbus Hall to the south, Albertsons to the west, Stater Brothers to the east, and Valvoline Instant Oil Change to the north, north of Firestone Boulevard. On July 19, 2018, the Applicant submitted an application to obtain a Conditional Use Permit and Minor Site Plan Review to allow an additional drive-thru lane and construct a 74 square foot addition to an existing drive-thru restaurant. Staff deemed the application incomplete on August 18, 2018. The Applicant resubmitted the missing materials on September 25, 2018. Staff reviewed the submitted materials and deemed the application complete on November 5, 2018. On November 21, 2018, staff mailed notice of the pending public hearing to all property owners within 500 feet of the subject site and the notice was also published in the Downey Patriot. DISCUSSION The proposed project will increase the amount of drive-thru space from one lane to two lanes and add 74 square feet to the existing building. The existing McDonald’s restaurant was originally approved by the Design Review Board on August 13, 2003 as a drive-thru restaurant with one drive-thru lane and 32 parking spaces. The proposed drive-thru lane, in conjunction with the existing lane will accommodate fourteen (14) cars. Therefore, this lane can accommodate an additional five (5) cars in the drive-thru queue. According to the Applicant, this is a standard upgrade for McDonald’s restaurants throughout the nation. The additional drive-thru assists with faster service for customers and makes operations more efficient. The proposed 74 square feet construction is to accommodate a larger employee area for those staffing the drive-thru. This addition will be architecturally compatible with the existing building and all of the materials will match the existing materials. The site currently has 32 parking spaces. With the construction of the 74 square feet and the additional drive-thru lane, the parking required for this site is 34 parking spaces. As such, the existing drive-thru will be modified to accommodate two additional parking spaces to comply with the parking requirements. The additional drive-thru lane will assist with circulation on this site. In order to accommodate the new drive-thru aisle, the Applicant will be encroaching into the existing landscaped planter. As such, the Applicant is planting one (1) tree in order to comply with the 10% parking area landscape requirements, pursuant to Code Section 9520. DEVELOPMENT REVIEW COMMITTEE On August 9, 2018, this project was reviewed by the Development Review Committee (DRC). There were no concerns from any department. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15303 (Class 3, New Construction or Conversion of Small Structures). 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. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. The project is consistent with a Class 3 exemption because the Applicant is proposing the construction of an PC AGENDA PAGE 2 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 3 addition less than 10% of the existing size of the building and the construction of an additional drive-thru lane. FINDINGS Pursuant to the requirements of Downey Municipal Code Section 9824.06 (Conditional Use Permit), staff recommends that the Planning Commission make the following findings to approve the request: 1.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 thereof. The project allows for the expansion of an existing drive-thru restaurant and complies with all standards of Code Section 9406, which was designed to protect the public convenience and general welfare of persons residing or working in the neighborhood. Furthermore, the expansion is consistent with General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. 2.The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The proposed project will not adversely affect the adjoining land uses since the proposed project conforms to its C-2 (General Commercial) zone development standards and is an existing drive-thru restaurant. 3.The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The subject property measures approximately 29,523 square feet in area. The restaurant will measure 3,330 square feet and is situated adjacent to other commercial developments along Firestone Boulevard. Since the restaurant and drive-thru are already in operation, the request to add 74 square feet and a drive-thru lane can be accommodated on the site. Furthermore, the site will comply with all development standards. 4.The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the restaurant is not expected to increase because the additional drive-thru lane is predominantly for the absorption of the existing business operations. As such, the project is not expected to generate more traffic or impose an undue burden upon the streets and highways in the area. Pursuant to the requirements of Downey Municipal Code Section 9824.06 (Minor Site Plan Review), staff recommends that the Planning Commission make the following findings to approve the request: PC AGENDA PAGE 3 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 4 1.That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The project allows for the expansion of an existing drive-thru restaurant and complies with all standards of Code Section 9406, which was designed to protect the public convenience and general welfare of persons residing or working in the neighborhood. Furthermore, it is consistent with General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. 2.That the proposed activity or use is consistent with other provisions of this article. The proposed project will not adversely affect the adjoining land uses since the proposed project conforms to the C-2 (General Commercial) zone development standards and is an existing drive-thru restaurant. 3.That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The proposed project will not result in conditions or circumstances contrary to the public health, safety, and general welfare because this is an existing drive-thru restaurant that will only serve to better accommodate customers and operate more efficiently. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained in this report, the proposed request to add 74 square feet and add an additional drive-thru lane will assist the existing drive-thru restaurant in its operations and alleviate circulation issues on site by providing more space to queue. Furthermore, staff believes the proposed use meets all of the findings required to approve the Conditional Use Permit and Minor Site Plan Review (PLN-18-00111). As such, staff recommends that the Planning Commission adopt the resolution approving the Conditional Use Permit and Minor Site Plan Review, subject to the conditions of approval as stated the Planning Commission Resolution. EXHIBITS A.Aerial Photograph & Zoning Map B.Draft Resolution C.Project Plans PC AGENDA PAGE 4 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 5 Exhibit ‘A’ - Maps LOCATION MAP & AERIAL PHOTOGRAPH PC AGENDA PAGE 5 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 6 ZONING MAP PC AGENDA PAGE 6 RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-18-00111 (CONDITIONAL USE PERMIT & MINOR SITE PLAN REVIEW, THEREBY ALLOWING ONE (1) ADDITIONAL DRIVE-THRU LANE AND THE CONSTRUCTION OF A 74 SQUARE FOOT ADDITION TO AN EXISTING DRIVE- THRU, FAST FOOD RESTAURANT, LOCATED AT 7740 FIRESTONE BOULEVARD 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.An application was filed by Core State Groups (hereinafter referred to as “the Applicant”) on July 19, 2018, requesting approval of a Conditional Use Permit and Minor Site Plan Review (PLN-18-00111) to add one (1) drive-thru lane and construct a 74 square foot addition at an existing restaurant (McDonald’s), located at 7740 Firestone Boulevard, and zoned C-2 (General Commercial); and, B.Staff deemed the application incomplete on August 18, 2018; and, C.On September 25, 2018, the Applicant submitted the missing materials. Staff deemed the application complete on November 5, 2018; and, D.On November 21, 2018, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, E.The Planning Commission held a duly noticed public hearing on December 5, 2018 and after fully considering all oral and written testimony, 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 development 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 No. 15303 (Class 3, New Construction or Conversion of Small Structures), because the proposed project consists of a 74 square foot addition and a new drive-thru lane at an existing drive-thru restaurant. SECTION 3. 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.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 thereof. The project allows for the expansion of an existing drive-thru restaurant and complies with all standards of Code Section 9406, which was designed to protect the public convenience and general welfare of persons residing or working in the neighborhood. Furthermore, the expansion is consistent with General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. PC AGENDA PAGE 7 Resolution No. 18- Downey Planning Commission 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 2 B. 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 project will not adversely affect the adjoining land uses since the proposed project conforms to its C- 2 (General Commercial) zone development standards and is an existing drive-thru restaurant. 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 subject property measures approximately 29,523 square feet in area. The restaurant will be measure 3,330 square feet and is situated adjacent to other commercial developments along Firestone Boulevard. Since the restaurant and drive-thru are already in operation, the request to add 74 square feet and a drive-thru lane can be accommodated on the site. Furthermore, the site will comply with all development standards. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the restaurant is not expected to increase because the additional drive-thru lane is predominantly for the absorption of the existing business operations. As such, the project is not expected to generate more traffic or impose an undue burden upon the streets and highways in the area. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Minor Site Plan Review, the Planning Commission further finds, determines and declares that: A. The proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The project allows for the expansion of an existing drive-thru restaurant and complies with all standards of Code Section 9406, which was designed to protect the public convenience and general welfare of persons residing or working in the neighborhood. Furthermore, it is consistent with General Plan Goal 1.1, to provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. B. The proposed activity or use is consistent with other provisions of this article. The proposed project will not adversely affect the adjoining land uses since the proposed project conforms to the C-2 (General Commercial) zone development standards and is an existing drive-thru restaurant. C. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The proposed project will not result in conditions or circumstances contrary to the public health, safety, and general welfare because this is an existing drive-thru restaurant that will only serve to better accommodate customers and operate more efficiently. 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 this Conditional Use Permit and Minor Site Plan Review (PLN-18-00111), subject to the Conditions of Approval, attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. PC AGENDA PAGE 8 Resolution No. 18- Downey Planning Commission 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 3 SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of December 2018. Patrick Owens, 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 5th day of December, 2018, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission PC AGENDA PAGE 9 Resolution No. 18- Downey Planning Commission 7740 Firestone Blvd – PLN-18-00111 December 5, 2018 – Page 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-18-00111) PLANNING 1) The approval of Conditional Use Permit (PLN-18-00111) allows an existing drive-thru restaurant (McDonald’s) to add 74 square feet to the existing building and add one (1) drive-thru lane, on property located at 7740 Firestone Boulevard. 2) Approval of this Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) 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. 6) Prior to permit issuance, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 7) Thirty-four (34) parking spaces will be provided at all times. 8) The subject site will maintain landscaping, pursuant to Code Section 9520, based on 10% of the parking area, at all times. 9) The Owner/ Applicant shall obtain all applicable permits and inspections. 10) The addition must match the materials and colors of the existing building. END OF CONDITIONS PC AGENDA PAGE 10 PC AGENDA PAGE 11 PC AGENDA PAGE 12 PC AGENDA PAGE 13 PC AGENDA PAGE 14 PC AGENDA PAGE 15