HomeMy WebLinkAboutPC Reso 10-2638RESOLUTION NO. 10-2638
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
ADOPTING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE
PERMIT NO. 10-06, THEREBY ALLOWING THE DEVELOPMENT OF A DRIVE-
THROUGH LANE FOR THE PHARMACY AT THE WALGREENS DRUG STORE AT 8030
IMPERIAL HIGHWAY, 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 Reuben Garbett, (hereinafter "applicant") requesting
Conditional Use Permit No. 10-06 to permit the development of a drug store
(Walgreens), on property at 8030 Imperial Hwy, zoned C-2 (General Commercial)
(hereinafter "subject property") (AIN 6260-013-029);
B. The applicant has also filed concurrently a Site Plan Review No. 10-05, to
construct a 12,258 square foot drug store (Walgreens);
C. On April 22, 2010, notice of the public hearing was sent to all property owners
within 500' of the subject site and the notice was published in the Long Beach
Press Telegram; Additionally, pursuant to the requirements of CEQA, a Notice of
Intent to adopt a Negative Declaration was filed with the Los Angeles County
Recorders office on April 14, 2010; and,
D. The Planning Commission held a duly noticed public hearing on May 5, 2010 and,
after fully considering all oral and written testimony and facts and opinions offered
at aforesaid public hearings, adopted Resolution No. 10-2638, approving
Conditional Use Permit No. 10-06.
SECTION 2. The Planning Commission further finds, determines and declares that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed project, a Negative Declaration was prepared. Based on its own independent
judgment that the facts stated in the initial study are true, the Planning Commission hereby finds
that the request of the Conditional Use Permit will not have any potential negative environmental
impacts.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. The requested Conditional Use Permit will not adversely affect the purpose and
intent of Article IX of the Municipal Code or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof. The requested conditional use permit will not adversely
affect the purpose and intent of the City's General Plan as General Commercial.
Additionally, the proposed use is consistent with the City's Zoning Ordinance
since it is permitted in the C-2 zone, subject to the approval of a conditional use
permit. Retail activities like drug stores are encouraged because they will
complement the existing commercial uses within the vicinity. In addition, the
requested drive-through lane is an ancillary component of the drug store and its
operations won't interfere with onsite vehicle movement.
Resolution No. 10-2638
Downey V)Ianning 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
requested use will not affect neighboring land uses since the closest residences
are located across the alleys from the proposed drive-through window. Further,
the drive-through window will close at 10:00 p.m. Staff has made this limitation a
"condition of approval" to avoid any adverse affects on the adjoining properties.
C. 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 measures 41,510 square feet with 163.5' frontage along
Imperial Highway. Its size is more than adequate to accommodate the full
development of the project, which includes its ancillary drive-through lane.
Further, the requested drive-through activity will be integrated effectively into the
site's parking lot layout; drive-through customers will not conflict with the project's
drive -aisle traffic or parking space back-up movement.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Imperial Highway serves the project site. It
is classified as a Major Arterial Highway on the City's Master Plan of Streets and
Highways. Imperial Highway contains three lanes in each direction. It would be
able to absorb any additional traffic the requested use may create. Also, public
alleys, which frame the project's easterly and southerly property lines, will provide
a greater relief for on-site vehicle movement. The volume of traffic that the
proposed drug store and ancillary drive-through lane are expected to generate
will not burden the streets and highways in the area, since project implementation
will not result in a net increase in total onsite square footage.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves Conditional Use
Permit No. 10-06, 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 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of M y, 201 .
uis Morale , Chairman
City Plannir)6 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 5`'day of
May 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Lambros, Murray, Kiefer, Vasquez, Morales
NOES: COMMISSIONERS' None
' 1 k_( L
Theresa Donahue, Secretary
City Planning Commission
CUP 10-06 — 8030 Imperial Hwy
May 5, 2010 - Page 2
Resolution No. 10-2638
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 10-06
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 10-06 permits the use of the drive-through
lane for the pharmacy as an ancillary use to the drug store (Walgreens) on property at
8030 Imperial Highway.
2) Prior to issuance of building permits, the owner/applicant shall submit an application and
obtain approval from the Planning Division for a Lot Line Adjustment to adjust the lot line
that separates the subject site.
3) The owner/applicant shall submit an application and obtain approval from the Planning
Division for the purpose of modifying a previously approved Design Review Board No.
98-50, regarding a reciprocal vehicular and pedestrian ingress/egress agreement and
parking arrangement between the subject property and the adjoining property at 12620
Paramount Blvd (KFC).
4) Approval of this Conditional Use Permit No. 10-06 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.
5) The Planning Commission shall retain jurisdiction to amend or add conditions with public
notice to assure compatibility with the purpose and intent of the Comprehensive Zoning
Ordinance and to protect the public health, safety and general welfare.
6) All developments in excess of $500,000 valuation that involve the construction or
reconstruction of light industrial, commercial or residential buildings (over 4 units) shall
be subject to the Public Arts Program. The Applicant shall either install public art on their
property or pay a cash payment equal to the public arts fee in accordance with the City of
Downey Manual for Arts in Public Places.
7) 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 submittal of plan check.
8) All conditions of approval Conditional Use Permit 10-06 shall be complied with before the
Conditional Use Permit becomes valid.
9) Should the drive-through lane cease operation for a period of 180 days, Conditional Use
Permit No. 10-06 shall become null and void.
10) The permitted hours of operation of the drug store's drive-through lane are 7 days a
week, 7:00 a.m. through 10:00 p.m.
11) The permitted hours of operation of the truck loading area and delivery of merchandise
shall be limited between 7:00 a.m. and 7:00 p.m., Monday through Friday. In addition, all
vehicles engaging in the loading and/or unloading of goods for the proposed use are
prohibited from allowing engines to idle for more than five (5) continue minutes.
CUP 10-06 — 8030 Imperial Hwy
May 5, 2010 - Page 3
Resolution No. 10-2638
Downey Planning Commission
12) The drug store's drive-through window shall be limited to dropping off prescriptions and
picking up prescribed medicines only.
13) The owner/applicant shall provide a locking device system for the shopping carts.
14) The applicant shall incorporate anti -graffiti elements into the building design, such as
non -porous coatings on exterior wall surfaces, plant materials, and anti -graffiti film on
windows, subject to the approval of the City Planner.
15) Building plans shall include/incorporate graffiti resistant paint and materials on all exterior
finishing, including any proposed block walls, outdoor storage, and trash enclosure.
16) Before securing signs for the exterior of the building, the applicant shall obtain the
appropriate permits from the Planning and Building & Safety Divisions.
17) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for
Conditional Use Permit No. 10-06, into the approved set of building plans.
18) All roof -mounted mechanical equipment shall be screened from view. The working
drawings shall include a cross-section detail to illustrate that the height of the building
parapet is sufficient to screen all roof -mounted equipment from view.
19) All necessary outdoor lighting shall face the subject site (drug store) and shall be directed
away from the eastern and southern alleys, and any residential uses nearby.
BUILDING
20) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
21) The applicant/owner shall obtain all necessary permits for the construction of the drug
store.
PUBLIC WORKWENGINEERING
22) The owner/applicant shall provide that vehicular and pedestrian right of ingress and
egress to adjacent property to the west be recorded with the Los Angeles County
Recorder, and a copy with the Engineering and Planning Divisions.
23) The owner/applicant shall install two (2) 5800 -lumen high-pressure sodium street lights
with full -cutoff fixture optics on existing wood poles with overhead service along the
alleyway. Provide a site plan showing the location of the existing streetlights.
24) 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.
25) The owner/applicant shall construct the following roadway improvements:
a) Alleyway reconstruction (both eastern and southern alleys).
b) Construct driveway approach to have direct access from Imperial Hwy.
CUP 10-06 — 8030 Imperial Hwy
May 5, 2010 - Page 4
Resolution No. 10-2638
Downey Planning Commission
26) The owner/applicant shall install all utilities underground.
27) The owner/applicant shall provide proof establishing that the parcel was created in
accordance with subdivision requirements (deed prior to City incorporation with current
metes and bounds description, City subdivision action, or other proof).
28) 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.
29) 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. All lots 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, the dimensions and location of proposed dedications; the location, depth
and dimensions of potable water, reclaimed water and sanitary sewer lines; chemical and
hazardous material storage, if any, including containment provisions; and the type of
existing use, including the gross square footage of the building, and its disposition.
30) The owner/applicant shall construct/install curb, gutter, sidewalk, disabled ramps,
portland cement concrete driveway approaches, and pavement along property frontage
to the standards of the Department of Public Works. 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.
31) 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.
32) 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.
33) 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). Furthermore, the owner/applicant shall
provide a design that conveys all onsite drainage over a vegetative swale a minimum
distance of 20 feet and retain the first 0.75 inches of drainage onsite using either surface
detention basins or below grade facilities with flow in excess of the first 0.75 inches
allowed to overflow by underground drains to an existing Los Angeles County Public
Works storm drain so as to comply with the requirements of the Standard Urban
CUP 10-06 — 8030 Imperial Hwy
May 5, 2010 - Page 5
Resolution No. 10-2638
Downey Planning Commission
Stormwater Mitigation Plan (SUSMP) and Municipal Separate Storm Water System; and
is 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).
34) The owner/applicant shall install sewer lateral to the sewer main within the eastern and
southern alleys or connecting to the sewer main on Imperial Highway, and shall provide
that the design and improvements of sewers shall be to the standards of the City
Engineering Division. Septic systems are not acceptable.
35) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
36) The owner/applicant shall provide that no easements of any type be granted over any
portion of the subdivision to any agency, utility or organization (private or public), except
to the City of Downey. This requirement does not preclude the applicant to modify the
previously approved reciprocal vehicular and pedestrian ingress/egress agreement and
parking arrangement with the KFC to the west of the proposed site (Walgreens).
PUBLIC WORKS/UTILITIES
37) 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.
38) The owner/applicant shall install all utilities underground.
39) The owner/applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
40) The owner/applicant shall furnish and install a (min. 1 -inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
41) 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.
42) The owner/applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
43) 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.
44) The owner/applicant shall furnish and install fire hydrant(s) and dedicated fire protection
lateral(s) including backflow devices, fire department connections and other
appurtenances as required by the Department of Public Works and the Downey Fire
Department. Such improvements may include removal and/or replacement of existing fire
hydrants, 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
CUP 10-06 — 8030 Imperial Hwy
May 5, 2010 - Page 6
Resolution No. 10-2638
Downey Planning Commission
accessible for emergency and inspection purposes. Backflow devices shall be screened
from street view by providing sufficient landscaping to hide it.
45) 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.
46) 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.
47) 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).
48) 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.
49) The owner/applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
50) The owner/applicant shall obtain all necessary plan approvals and permits.
51) 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/DVDROM media per City's GIS Requirements.
52) -Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit.
FIRE — MAINS & HYDRANTS
53) The applicant/owner shall comply with the requirements of the 2007 California Fire Code,
as amended by the City of Downey.
54) Mains and hydrants shall be in service prior to combustible building material being
allowed on site.
55) Hydrant spacing shall not exceed 300 feet for commercial areas. A maximum of 180 feet
is the required distance from any point on street or frontage to a hydrant. Hydrants
located on the opposite side of streets over 80 feet in width shall not be used to satisfy
the requirements for hydrant spacing. A fire hydrant shall be located within 50 feet of the
fire department connection to the sprinkler system.
56) Additional public hydrants may be required depending upon required fire flows, street
width, center dividers or other physical barriers, existing or anticipated traffic volume.
CUP 10-06 — 8030 Imperial Hwy
May 5, 2010 - Page 7
Resolution No. 10-2638
Downey Planning -
Commission -57) The applicant/owner shall install a Knox® Rapid Entry System for the new building.
FIRE — AUTOMATIC FIRE SPRINKLERS
58) The applicant/owner shall install an approved Automatic Fire Extinguishing System
throughout.
FIRE —ALARM SYSTEMS (see CFC Article 10)
59) The applicant/owner shall install an approved fire alarm system for the new building.
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