HomeMy WebLinkAboutPC Reso 18-3077RESOLUTION NO. 18-3077
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.
Resolution No. 18-3077
Downey Planning Commission
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.
7740 Firestone Blvd — PLN -18-00111
December 5, 2018 — Page 2
Resolution No. 18-3077
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of December 2018.
,-9(
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: Flores, Duarte, Frometa, Dominguez and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
MaryCa anagh, Secretary
City Planning Commission
CONDITIONS OF APPROVAL
7740 Firestone Blvd — PLN -18-00111
December 5, 2018 — Page 3
Resolution No. 18-3077
Downey Planning Commission
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
7740 Firestone Blvd — PLN -18-00111
December 5, 2018 — Page 4