Loading...
HomeMy WebLinkAbout1. PLN-22-000449' l 10 • r i J CRYSTAL LANDAVAZO, INTERIM DI T F COMMUNITY DEVELOPMENT ALFONSO HERNANDEZ, SENIOR PLANNER SUBJECT: PLN-22-00044 (SITE PLAN REVIEW, CONDITIONAL USE PERMIT, ZONE CHANGE) — A REQUEST TO REMODEL THE EXTERIOR OF AN EXISTING FAST FOOD RESTAURANT (BURGER KING), APPROVAL OF AN EXISTING DRIVE-THRU, AND APPROVE A ZONE CHANGE FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL). This application includes three separate entitlement requests: Site Plan Review, Conditional Use Permit, and Zone Change, A Site Plan Review (SPR) is required to allow for the exterior modification of # commercial building. The project i " to a Conditional Permit (CUP) because the drive-thru was previously approved without a CUP, and has operated as legally non -conforming. This entitlement will bring the use into compliance and allow conditions to be added to the use. Lastly, a Zone Change (ZC) is requested to remove the zoning designation of P-B (Parking Buffer) from the property so the entire lot has one zoning designation of i Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: BACKGROUND The site is currently developed with a 2,517 square foot Burger King restaurant building. The existing use on the property is a full -service restaurant with a drive thru. Burger King has been operating at this location within the City of Downey since 1984. This is also the same year that the building was constructed. No other major renovations have occurred since that time. Existing Front Elevation Overall, the site is 18,896 square feet in size with one street frontage. The property is located on the east side of Paramount Boulevard north of the Florence Avenue and Paramount Boulevard intersection. The subject site is located within the city's C-2 zone, and has a General Plan land use designation of General Commercial. Directly to the rear, abutting the subject property to the east, are R-1 zoned properties all occupied with single-family uses. Adjacent to the north, south, and west are C-2 zoned properties developed with commercial uses. On April 11, 2022 the applicant filed a request for a SPR, CUP, and Zone Change. On May 2 2022, the application was deemed complete. The project was duly noticed on May 5, 2022 and May 19, 2022, but continued, at the applicant's request, to dates certain and uncertain respectively. On September 8, 2022, notice of the pending public hearing was again published in the Downey Patriot and mailed to all property owners within 500 feet of the subject property. �+3g7I+3+141Z The SPR evaluates the proposed changes to the building's exterior and circulation on site. The proposed project features a modern architectural design. The building fagade will include varying architectural features as well as contrasting colors and materials. The existing building is located closer to the street line so the proposed fagade updates are expected to enhance the commercial aesthetic along Paramount Boulevard. The short setback is common among the Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 2 PC Agenda Page 2 surrounding commercial properties in the area. The materials for the new fagade will be a wood plank cement board siding along the tower features of the building. The tower features include the drive thru pick-up window, the side entrance and a primary storefront window located at the front elevation. A brick wainscoting is incorporated throughout the building. There will also be a band located at the top of the building as a crown molding feature for the majority of the building and will be painted red. Red tiles can also be found on the front elevation surrounding one of the large window storefronts. The rest of the building material will be made of stucco in a beige color, called out on the set of plans as "Tanner Taupe." The site circulation will be altered due to the relocation of entry drive aisles. Two drive aisles are to be eliminated located towards the southeast portion of the property. One new entrance will be established towards the southwest portion of the property located behind the rear of the restaurant building. Both the existing and proposed entrances rely on access through neighboring parcels. The reason for the change, as described by the applicant, is due to a lack of reciprocal access agreements, and an inability to enter into access agreements, with the neighboring property currently used to access the Southeast drive aisles that will be eliminated. An access agreement will be made, and is conditioned as part of this project, with the neighboring property to the southwest for the new drive aisle entrance. Conceptual Depiction Conditional Use Permit Per the Downey Municipal Code, a CUP is required for the operation of a drive thru. As previously stated, the site currently operates with an active drive thru. However, the restaurant and drive thru were developed in 1984. A CUP was not required at the time, thus making the site legally nonconforming per the City's current zoning regulations. Conditions of approval will be applied to this site to ensure the operations are consistent with that of recently approved drive thrus. However, due to the existing nature of the development, the site will not be fully conforming to current zoning standards because the site is not being developed, it is only undergoing fagade updates. Elements, such as setbacks and queue stacking, will remain the same and considered nonconforming. Although nonconformities may remain, these attributes are not expected to contribute negative impacts. Any specific characteristics produced by the business and its operations already exist on the site and will not be increased. The proposed resolution includes conditions that require the drive thru layout and queuing to comply with current code standards at any time that fifty percent (50%) or more of the site is reconfigured. Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 3 PC Agenda Page 3 The drive thru is 100 feet long as measured from the drive thru entrance to the pick-up window, and can accommodate five vehicles within the same distance. The drive thru is independent of on -site parking or drive aisles. As a condition of approval, the site will be required to update striping in an effort to effectively differentiate drive aisles, parking spaces, arrows, and drive thru entrance. Additionally, a condition has been incorporated to update existing landscape areas to meet current landscaping standards. Lastly, the entrance of the drive thru has been altered in order to incorporate a better turning angle and facilitate circulation on site. Zone Chanae The site currently consists of two zoning designations, C-2 and P-B. The P-B zoning is located along the eastern portion of the property 46 feet from the rear property line and throughout the entire width of the parcel. The zone change is requested to eliminate the P-B zone and designate the entire lot as a C-2 zone. The C-2 designation is consistent with the adjacent lots along Paramount Boulevard. The proposed zoning is also consistent with the General Plan land use designation (General Commercial) for the site. The P-B zone is identified as obsolete within the City's Zoning Code and holds no applicable provisions upon the subject property. Standards previously applicable to the P-B zone were eliminated as part of a previous comprehensive update to the Zoning Ordinance, on October 14, 2008. Although the zone was eliminated from the code, modifications were not made to the zoning map and the map still contains the P-B zones. This application is an effort to amend the City's Zoning Map to achieve consistency with the Downey Municipal Code and General Plan. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters. No departments expressed concerns or opposition over the project, and issued standard conditions. Recommended conditions of approval have been included in the attached Resolution to address potential impacts. Staff has reviewed the proposed Conditional Use Permit 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. 15301 (Class 1, Existing Facilities). 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 1 exemptions consist of projects that involve no/negligible expansion of the existing use. FINDINGS Pursuant to Municipal Code Section 9820.08, there are seven findings that must be adopted prior to approving the Site Plan Review. The findings are as follows: A. The site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council; The project's objective to revitalize the site helps achieve various long-term goals. Specifically, the following policies are promoted by the proposed development: Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 4 PC Agenda Page 4 Policy 8.1.1 — Promote architectural design of the highest quality. Policy 8.2.2 — Promote the upgrading of properties. The proposed architecture is a significant upgrade to the existing facilities on site initially built in 1984, and is compatible with surrounding properties although the proposed facade will be newer than most developments within its proximity. The redevelopment of this site can serve as an example of higher quality architecture for future developments within the city. The proposed facade and site improvements are consistent with program 9.1.1.5 by helping revitalize this commercial corridor. Program 9.1.1.5 — Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since 1984, and is surrounded by properties developed within the same time period. The quality of design and landscaping proposed not only upgrades the subject property but the surrounding area as well. B. The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located; The purpose of the C-2 (General Commercial) zone, as stated in the Downey Municipal Code, "is intended to provide for and encourage the orderly development of general commercial uses, with a wide 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 application is in full conformance with the objectives stated above. The existing restaurant has provided goods to the community since 1984 and the proposed upgrades will allow for the continued functionality of the use. The restaurant use is appropriate for the General Commercial zone and is consistent with the uses found along Paramount Boulevard. Furthermore, the use will now operate under a CUP which allows for operational conditions to be added that will ensure potential impacts are mitigated. 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 design of the project will integrate harmoniously with the surrounding area by providing aesthetically pleasing architecture and landscaping. The proposed exterior modifications will serve as a significant upgrade from the existing facility on the site and nearby lots. In addition, the streetscape will be enhanced as well as the transition from the street onto the site through the proposed landscaping conditioned for the project. 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 layout has one entry, but additional points of egress due to existing available access through abutting parcels. The main entry is off of Paramount Boulevard, and existing potential points of egress lead to Paramount Boulevard, Florence Avenue, and Orizaba Avenue. Those points of access are not permanent due to the lack of shared Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 5 PC Agenda Page 5 access agreements between abutting parcels and property owners. In the case that these varying potential points of egress are blocked at any point in the future the site will only have ingress and egress occur at Paramount Boulevard. This point of access is protected, as a condition of approval, through a shared access agreement and is sufficient enough to meet the circulation needs of the development. Users of the drive-thru have an exclusive lane that can only exit Northbound on Paramount Boulevard. Parking is concentrated towards the rear of the property, while the drive-thru aisle abuts the north property line. There is pedestrian access onto the site via a walkway along Paramount Boulevard. The drive thru queuing, although noncompliant, has been observed to accommodate the current demands generated by the Burger King restaurant. Although it is not anticipated, a condition has been included to require the queue be contained on -site. Conditions also include the use of traffic coordinators when queuing extends past the designated drive thru lane in order to assist vehicles enter and exit the site. A condition has also been included to update the landscaping on site. The future landscaping surrounding the property is intended to heavily compliment the aesthetics of the site. Additional changes include ADA compliant parking and pedestrian access onto the site. Lastly, the lighting on site will remain the same as it has been observed to be well illuminated while simultaneously not causing any nuisance to the neighboring properties or public right-of-way. Therefore, it is determined that proper consideration has been given to the functional aspects and visual effects of the development. 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 proposed project reflects contemporary style architecture and keeps with a scale consistent of commercial developments. It is staff's opinion that the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area and this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. 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 architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although it will be newer than most developments within its proximity. In addition, the redevelopment of this site has the potential to serve as an example of higher quality architecture for future industrial developments within the City of Downey. Lastly, the operational procedures of the proposed development are also conditioned in an effort to ensure that any potential effects in public health, safety, comfort and general welfare are mitigated as much as possible. Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 6 PC Agenda Page 6 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 4960mfChapter 10mf Article UVmf this Code' The projecthaabgenoond0onedtonx*etU1erequingrnenta specified inSection 498Oof the Downey Municipal Code. Section 4S0Udiscusses the installation ofanti-graffiti materials and the appropriate allotted time limit for the removal of graffiti. Pursuant to Municipal Code Section 9824.06, there are four findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: A. The requested Conditional Use Permit will not adversely affect the intent and purpose of this article orthe City's General Plan orthe public convenience or general welfare of persons residing or working in the neighborhood thereof; The projectwill not adversely affect the intent and purpose Ofthe Downey Municipal Code or the City's General Plan. The subject site is located within an active commercial corridor that contains complimentary uses, therefore the project ahuu|dnctuauuea nuisance related to public convenience or general welfare to any nearby persons residing or working in the area. Rather, the project aims to continue LO diversify the amount ofgoods and services available topatrons ofcity businesses. The following policies are promoted by the proposed CUP: Policy Y.Y.4—Provide an appropriateamount ufland use for people bxacquire goods and services The CUP promotes the above policy b«continuing LOprovide drive thnJand food services. The restaurant contributes t0the variety options available t0residents and ViSib][S. This will be dOO8 in 8 VV8y that is more conforming than the p[8VOUS operations, and more C|OSH|y nO8tChHS the standards set for D8VVH[ drive thrUS in the City. 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 use is common and appropriate within commercial areas and in urbanized areas occasionally found within proximity to residential zones. In addition, the use is existing and currently functions appropriately OO the SUhiHC1 site. HiStOhC8| records for calls Of service reflect that the drive thruhas provided nOissues throughout the years. Allowing the existing drive thru to remain as is should not increase impacts to extent greater than what iSalready produced from the site. Lastly, the proposed conditions Ofapproval are intended tomitigate any potential impacts. C. The size and shape of the site proposed for the use is adequate tmallow the full development of the proposed use inmmanner not detrimental tothe particular area; The proposal does not include 8scope Ofwork for additional changes tOthe drive Ulru. Changes are also not proposed for the interior of the building or to the building's square footage. The proposed use will not restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. Therefore, the size and shape of the site proposed for the use is adequate to allow the existing drive thrutn remain functioning in o manner not detrimental tothe particular area. Site Plan Review, Conditional Use Permit, & Zone Change 'P|m-22-0OO44 D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area; Due to the existing nature of the proposed use, it is not anticipated that the drive thru will generate additional traffic. Drive thru restaurants are common uses among major corridors and the existing infrastructure is built to accommodate this type of use. The site is accessible via Paramount Boulevard. This street segment leads to similar nearby corridors such as Florence Avenue. Both of these roadways are considered major arterial corridors. Therefore, the existing transportation infrastructure that provides access to and from the project site and the nearby area will remain adequate in supporting the type and quantity of traffic generated by the existing use. Pursuant to Municipal Code Section 9824.06, there are five findings that must be adopted prior to approving the Zone Change. The findings are as follows: A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare. The City Council adopted a comprehensive update to the Zoning Ordinance, on October 14, 2008, which eliminated the P-B (Parking Buffer) zoning category. The change of zone from P-B to C-2 (General Commercial) will make the zoning of the site not only consistent with the current Zoning Code but also with the General Plan, as the General Plan Land Use designation of the site is General Commercial. Furthermore, the change in zoning for this property does not grant the subject property any added liberties it did not previously already have. Therefore, with this action there is no opportunity to negatively affect the public health, safety, or general welfare of the community. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The site is currently comprised of two separate zones, C-2 and P-B. The intent of the zone change is to remove the P-B and provide one consistent zoning designation of C-2 for the entire site. This is ultimately compatible with the existing and proposed use on the subject property. It is also compatible with the surrounding area, as nearby properties located to the north, south, and west are also zoned C-2 and developed with commercial uses. C. The site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with. The 18,896 square foot site is substantially greater than the minimum required lot size of 10,000 square feet for the C-2 zone. The minimum lot size is established in part to ensure sites can appropriately meet development standards and accommodate allowed uses. Furthermore, this existing structure and drive-thru will not be expanded. Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 8 PC Agenda Page 8 D. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The zone change does not alter the existing development potential of the site because the C-2 zone already exists for the vast majority of the lot. The C-2 zone is also present among adjacent properties. Therefore, the existing streets are already designed to accommodate the traffic generated by commercial developments. The same is true of existing utilities and other infrastructure. E. The proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The zone change will eliminate the current inconstancy between the zoning code and the zoning map and General Plan. The entire property will now be zoned C-2 as it is intended per the General Plan. 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 within this report, staff is concluding that all findings required for approval can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the application. EXHIBITS A. Maps B. Draft Resolution Approving — Site Plan Review and Conditional Use Permit C. Draft Resolution Recommending Approval to City Council — Zone Change D. Conceptual Rendering E. Project Plans Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 9 PC Agenda Page 9 Aerial Photograph Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 10 PC Agenda Page 10 Location Zoning Site Plan Review, Conditional Use Permit, & Zone Change - PLN-22-00044 September 21, 2022 - Page 11 PC Agenda Page 11 RESOLUTION NO. 22- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-22-00044) THEREBY ALLOWING THE EXTERIOR MODIFICATION OF AN EXISTING FAST FOOD RESTAURANT AND CONFORMITY OF AN EXISTING DRIVE-THRU LOCATED AT 10014 PARAMOUNT BOULEVARD. 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 April 11, 2022, the applicant filed a request for a Conditional Use Permit, Site Plan Review and Zone Change (PLN-22-00044) to modify the exterior of an existing drive thru restaurant, conformity of an existing driveway and change the zone from P-B (Parking Buffer) to C-2 (General Commercial); and, B. On May 2, 2022, the applicant was issued a letter deeming the application complete; and, C. On May 5, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, D. On May 18, 2022, at the Planning Commission hearing the item was continued to a date certain; and, E. On May 19, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, F. On June 1, 2022, at the Planning Commission hearing the item was continued to a date uncertain at the request of the applicant; and, G. On September 8, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, H. The Planning Commission held a duly noticed public hearing on September 21, 2022, 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. 15301 (Class 1), Existing Facilities. 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 polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The project's PC Agenda Page 12 Resolution No. 22- Downey Planning Commission objective to revitalize the site helps achieve various long-term goals. Specifically, the following policies are promoted by the proposed development: Policy 8.1.1 — Promote architectural design of the highest quality. Policy 8.2.2 — Promote the upgrading of properties. The proposed architecture is a significant upgrade to the existing facilities on site initially built in 1984, and is compatible with surrounding properties although the proposed facade will be newer than most developments within its proximity. The redevelopment of this site can serve as an example of higher quality architecture for future developments within the city. The proposed fagade and site improvements are consistent with program 9.1.1.5 by helping revitalize this commercial corridor. Program 9.1.1.5 — Continue the revitalization of commercial and industrial corridors. The site has remained relatively the same since 1984, and is surrounded by properties developed within the same time period. The quality of design and landscaping proposed not only upgrades the subject property but the surrounding area as well. B. The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The purpose of the C-2 (General Commercial) zone, as stated in the Downey Municipal Code, "is intended to provide for and encourage the orderly development of general commercial uses, with a wide 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 application is in full conformance with the objectives stated above. The existing restaurant has provided goods to the community since 1984 and the proposed upgrades will allow for the continued functionality of the use. The restaurant use is appropriate for the General Commercial zone and is consistent with the uses found along Paramount Boulevard. Furthermore, the use will now operate under a CUP which allows for operational conditions to be added that will ensure potential impacts are mitigated. 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 design of the project will integrate harmoniously with the surrounding area by providing aesthetically pleasing architecture and landscaping. The proposed exterior modifications will serve as a significant upgrade from the existing facility on the site and nearby lots. In addition, the streetscape will be enhanced as well as the transition from the street onto the site through the proposed landscaping conditioned for the project. 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 PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 2 PC Agenda Page 13 Resolution No. 22- Downey Planning Commission and pedestrian circulation, and the visual effects of the development from the view of the public streets. The site layout has one entry, but additional points of egress due to existing available access through abutting parcels. The main entry is off of Paramount Boulevard, and existing potential points of egress lead to Paramount Boulevard, Florence Avenue, and Orizaba Avenue. Those points of access are not permanent due to the lack of shared access agreements between abutting parcels and property owners. In the case that these varying potential points of egress are blocked at any point in the future the site will only have ingress and egress occur at Paramount Boulevard. This point of access is protected, as a condition of approval, through a shared access agreement and is sufficient enough to meet the circulation needs of the development. Users of the drive-thru have an exclusive lane that can only exit Northbound on Paramount Boulevard. Parking is concentrated towards the rear of the property, while the drive-thru aisle abuts the north property line. There is pedestrian access onto the site via a walkway along Paramount Boulevard. The drive thru queuing, although noncompliant, has been observed to accommodate the current demands generated by the Burger King restaurant. Although it is not anticipated, a condition has been included to require the queue be contained on -site. Conditions also include the use of traffic coordinators when queuing extends past the designated drive thru lane in order to assist vehicles enter and exit the site. A condition has also been included to update the landscaping on site. The future landscaping surrounding the property is intended to heavily compliment the aesthetics of the site. Additional changes include ADA compliant parking and pedestrian access onto the site. Lastly, the lighting on site will remain the same as it has been observed to be well illuminated while simultaneously not causing any nuisance to the neighboring properties or public right-of-way. Therefore, it is determined that proper consideration has been given to the functional aspects and visual effects of the development. 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 proposed project reflects contemporary style architecture and keeps with a scale consistent of commercial developments. It is staff's opinion that the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area and this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. 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 architecture is a significant upgrade to the existing facilities on site, and is compatible with surrounding properties although it will be newer than most PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 3 PC Agenda Page 14 Resolution No. 22- Downey Planning Commission developments within its proximity. In addition, the redevelopment of this site has the potential to serve as an example of higher quality architecture for future industrial developments within the City of Downey. Lastly, the operational procedures of the proposed development are also conditioned in an effort to ensure that any potential effects in public health, safety, comfort and general welfare are mitigated as much as possible. 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. The project has been conditioned to meet the requirements specified in Section 4960 of the Downey Municipal Code. Section 4960 discusses the installation of anti -graffiti materials and the appropriate allotted time limit for the removal of graffiti. 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. 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 will not adversely affect the intent and purpose of the Downey Municipal Code or the City's General Plan. The subject site is located within an active commercial corridor that contains complimentary uses, therefore the project should not cause a nuisance related to public convenience or general welfare to any nearby persons residing or working in the area. Rather, the project aims to continue to diversify the amount of goods and services available to patrons of city businesses. The following policies are promoted by the proposed CUP: Policy 1.1.4 — Provide an appropriate amount of land use for people to acquire goods and services The CUP promotes the above policy by continuing to provide drive thru and food services. The restaurant contributes to the variety options available to residents and visitors. This will be done in a way that is more conforming than the previous operations, and more closely matches the standards set for newer drive thrus in the City. 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 use is common and appropriate within commercial areas and in urbanized areas occasionally found within proximity to residential zones. In addition, the use is existing and currently functions appropriately on the subject site. Historical records for calls of service reflect that the drive thru has provided no issues throughout the years. Allowing the existing drive thru to remain as is should not increase impacts to extent greater than what is already produced from the site. Lastly, the proposed conditions of approval are intended to mitigate any potential impacts. PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 4 PC Agenda Page 15 Resolution No. 22- Downey Planning Commission C. The size and shape ofthe site proposed for the use ieadequate toallow the full development of the proposed use in a manner not detrimental to the particular area. The proposal does not include a scope of work for additional changes to the drive thrU.Changes are also not proposed for the interior Ofthe building OrLOthe building's square footage. The proposed use will not restrict future permitted uses from occupying the Site or an existing use |OC8[Bd within the nearby area from altering their operations. Therefore, the size and shape of the site proposed for the use is adequate to allow the existing drive thrU to remain functioning in 8 manner not detrimental to the particular area. D. The traffic generated bvthe proposed use will not impose 8nundue burden upon the streets and highways inthe area. Due tothe existing nature ufthe proposed use, itiSnot anticipated that the drive UlnUwill generate additional traffic. Drive thnu restaurants are common uses among major COnidOrS8ndth8HxiSUnginh8S[rUCtUr8iS built to accommodate this type of use. The site is accessible via Paramount Boulevard. This street segment leads to similar nearby corridors such as Florence Avenue. Both ofthese roadways are considered major artoria|corridone.Therefore' the existing transportation infrastructure that provides access to and from the project site and the nearby area will remain adequate in supporting the type and quantity of traffic generated bythe existing 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 this Site Plan Review and Conditional Use Permit (PLN-22-00044), SUbiRCt to the Conditions of Approval 8U8Ch8d 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. PLm-22-non44-1oo14Paramount Blvd. Resolution No. 22- Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of June, 2022. 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 21St day of June, 2022, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Linda Thai Deputy City Clerk PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 6 PC Agenda Page 17 Resolution No. 22- Downey Planning Commission EXHIBIT A CONDITIONS OF APPROVAL SITE PLAN REVIEW & CONDITIONAL USE PERMIT (PLN-22-00044) I:2A_1'1'110[r7 1) The approval of this Site Plan Review (PLN-22-00044) allows for the exterior modification of an existing Burger King fast food restaurant as indicated in the plans stamped with the date January 26, 2022. 2) The approval of the Conditional Use Permit (PLN-22-00044) brings the existing use of restaurant with drive-thru into further conformity with the Downey Municipal Code. 3) This Site Plan Review and Conditional Use Permit (PLN-22-00044) 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. 4) The use approved herein must be executed within one year of approval or shall be subject to revocation where this approval will be deemed null and void. 5) The Planning Commission reserves the right to revoke or modify this approval if the proposed use becomes a public nuisance, finds the permit was obtained by fraud, the approved use is not being exercised, the approved use is operated in violation of the terms and conditions contained herein, or the approved use ceased or was suspended for one year or more. 6) 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. 7) 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. 8) The entire site, including but not limited to setbacks, parking, and the drive thru dimensions, shall be brought into compliance with current development standards when fifty percent (50%) or more of the site and/or the building is reconfigured and/or demolished. PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 7 Resolution No. 22- Downey Planning Commission 9) The parking lot shall be resurfaced, restriped and appropriately maintained. 10) The existing drive aisle entrances located on the southeast of the property, and proposed to be removed, shall be replaced with planters, curbs and landscaping in compliance with the Downey Municipal Code. 11) In the event that spill over from the drive-thru occurs beyond the designated drive thru lane, all vehicle stacking must remain on site. The use of signs, employee monitoring and safety cones shall be used to ensure all drive-thru vehicles remain on site. Queuing of vehicles within the public right-of-way is strictly prohibited. 12) In the event that spill over from the drive-thru occurs beyond the designated drive thru lane, traffic coordinators shall be stationed at the drive aisle entrance to coordinate ingress and egress. 13) In the event that complaints occur or it is observed by the Public Works Director that the drive thru queue impedes upon the public right-of-way, the business, at their own expense, shall conduct a drive thru queueing analysis. The queueing analysis shall be reviewed by the Planning Commission and the business shall be subject to additional conditions in order to reduce impacts. 14) Prior to the installation of any exterior signs, the property owner must obtain approval of a separate sign permit. All signs shall comply with Chapter 6 of the Downey Municipal Code. 15) Advertisements, except for signs allowed within the Downey Municipal Code, such as product posters are prohibited. 16) All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate on to surrounding properties and the public right- of-way. 17) Lighting in all parking areas shall have illumination as required by the Downey Municipal Code. 18) The approved architectural elements shall be as noted in the approved plans. Modifications to the facades and/or colors shall be subject to the review and approval of the City Planner if such modifications achieve substantially the same result as would strict compliance with said plans. 19) 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. 20) Graffiti resistant products must be used in the construction of the building. Any graffiti applied to the site shall be removed within 48 hours. 21) 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 PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 8 PC Agenda Page 19 Resolution No. 22- Downey Planning Commission issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. 22) All exterior mechanical, plumbing, fire and unfinished electrical equipment and materials (including but not limited to wiring and pipes) must be screened from the public's view. All screening materials must be approved by the City Planner. 23) Roof -mounted equipment shall be screened at all times by a material to be approved by the City Planner. 24) Deliveries made to the site shall occur between the hours of 7:00 a.m. and 9:00 p.m. 25) The applicant must post signs in the parking areas to remind customers to be courteous to the neighbors and keep noise to a minimum. The size, number, and wording of the signs shall be approved by the City Planner prior to occupancy of the business. 26) Noise generated from the site, including the drive-thru speaker shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. Volume on speaker to be lowered between the hours of 6:00 a.m. to 8:00 a.m. and 9:00 p.m. to 12:00 a.m. 27) The applicant must place delineating marks throughout the site to distinguish ingress and egress onto the site. 28) A landscaping plan shall be submitted to the Planning Division prior to the issuance of building permit. The site must comply with all current Downey Municipal Code regulation for landscaping, be composed of drought tolerant plants, and requires final approval from the City Planner prior to the issuance of Building Permits. This application does not grant final approval of the landscape design. Final approvals will be granted through the Building Permit process. 29) Prior to the final of building permits, all landscaping and irrigation shall be installed. The type, size and number of landscaping shall be as noted on the final approved landscape plan. All landscape shall be installed and permanently maintained. 30) Prior to the final of building permits, all installed landscaping shall be certified by a licensed Landscape Architect. The licensed Landscape Architect shall be on -site during the delivery of all trees to certify that all trees and plants are the right species and size. 31) A reciprocal parking agreement shall be executed between parcels APN: 6361-021-009 and APN: 6361-021-021. The agreement shall be recorded with the Los Angeles Recorder's Office. The City of Downey shall be named a party on the agreement, and shall sign the agreement. The document shall be recorded prior to the issuance of building permits. PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 9 PC Agenda Page 20 Resolution No. 22- Downey Planning Commission 32) An original notarized signed acceptance of approval form from the property owner shall be provided to the City Planner prior to the issuance of a Building Permit. 33) The Applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the approved set of building plans. BUILDING 34) All construction must comply with the most recent adopted City and State building codes: a) 2019 California Building Code. b) 2019 California Electrical Code. c) 2019 California Mechanical Code. d) 2019 California Plumbing Code. e) 2019 California Fire Code. f) 2019 California Green Code. 35) The Title Sheet of the plans shall include: a) Occupancy Group. b) Occupant Load. c) Description of use. d) Type of Construction. e) Height of Building. f) Floor area of building(s) and/or occupancy group(s). 36) All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 37) The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. 38) A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions' Code. 39) Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. 40) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of these hours. PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 10 PC Agenda Page 21 Resolution No. 22- Downey Planning Commission 41) 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. POLICE 42) Address must be highly visible. FIRE 43) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1 ] 44) Provide a locking key box (ie. Knox Box or similar) for use by fire department personnel when entry is required outside of business hours. 45) Project construction shall comply with requirements set forth in the CA Building and Fire Codes for egress, construction type and height, etc. PUBLIC WORKS 46) If applicable the owner/applicant shall install all new utilities underground. 47) 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. 48) The owner/applicant shall obtain permits from the Public Works Department for all improvements within the public right of way at least two weeks prior to commencing work. Contact Brian Aleman, Assistant Civil Engineer I, at (562) 904-7110 for information. 49) All proposed improvements in the public right-of-way shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction, City of Downey standards and the Americans with Disabilities Act (ADA). 50) The owner/applicant shall remove all Underground Service Alert (USA) temporary pavement markings immediately following the completion of the work / Final permit inspection. 51) The facility design must provide for refuse/recycle enclosure with roof cover (location, size). Cover must be added to all existing enclosures. Grease interceptor with sewer and water hook-ups. 52) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 53) Any utilities and/or above ground utility structures that are in conflict with the development shall be relocated at the owner/applicant's expense. Owner/applicant shall coordinate the relocation with the utility owner and proper Public Works permit will need to be pulled. PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 11 PC Agenda Page 22 Resolution No. 22- Downey Planning Commission 54) If any hazardous material is encountered on the site that has the potential to reach the ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 55) If any hazardous material is encountered on the site, the owner/applicant shall secure an ID number from the EPA. 58) The owner/applicant shall deploy Best Management Practices during and after COnSLrUCLiOn. 57) Paint property address numbers (4"height) Onthe curb face |nfront of the proposed development to the City's satisfaction. 58) The owner/applicant shall obtain all necessary plan approvals and permits. END OF CONDITIONS PLm-22-non44-1oo14Paramount Blvd. PC Agenda Page 23 RESOLUTION NO. 22- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING MAP AMENDMENT (PLN-22-00044), THEREBY CHANGING THE ZONING DESIGNATION OF THE EAST PORTION OF THE PROPERTY FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL) LOCATED AT 10014 PARAMOUNT BOULEVARD. 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 April 11, 2022, the applicant filed a request for a Conditional Use Permit, Site Plan Review and Zone Change (PLN-22-00044) to modify the exterior of an existing drive thru restaurant, conformity of an existing driveway and change the zone from P-B (Parking Buffer) to C-2 (General Commercial); and, B. On May 2, 2022, the applicant was issued a letter deeming the application complete; and, C. On May 5, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, D. On May 18, 2022, at the Planning Commission hearing the item was continued to a date certain; and, E. On May 19, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, F. On June 1, 2022, at the Planning Commission hearing the item was continued to a date uncertain at the request of the applicant; and, G. On September 8, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, H. The Planning Commission held a duly noticed public hearing on September 21, 2022, 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 that the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is exempt from CEQA, pursuant to Guideline Section 15061 (b)(3). This CEQA section allows projects of a certain nature to be exempt when it is clear with certainty, using "common sense," that there is no possibility of a resulting significant effect on the environment. PC Agenda Page 24 Resolution No. 22- Downey Planning Commission SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Zone Change, the Planning Commission further finds, determines and declares that: A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare. The City Council adopted a comprehensive update to the Zoning Ordinance, on October 14, 2008, which eliminated the P-B (Parking Buffer) zoning category. The change of zone from P-B to C-2 (General Commercial) will make the zoning of the site not only consistent with the current Zoning Code but also with the General Plan, as the General Plan Land Use designation of the site is General Commercial. Furthermore, the change in zoning for this property does not grant the subject property any added liberties it did not previously already have. Therefore, with this action there is no opportunity to negatively affect the public health, safety, or general welfare of the community. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The site is currently comprised of two separate zones, C-2 and P-B. The intent of the zone change is to remove the P-B and provide one consistent zoning designation of C-2 for the entire site. This is ultimately compatible with the existing and proposed use on the subject property. It is also compatible with the surrounding area, as nearby properties located to the north, south, and west are also zoned C-2 and developed with commercial uses. C. The site is adequate in size to accommodate the uses permitted in the zone requested and complies with all applicable property development standards. The 18,896 square foot site is substantially greater than the minimum required lot size of 10,000 square feet for the C-2 zone. The minimum lot size is established in part to ensure sites can appropriately meet development standards and accommodate allowed uses. Furthermore, this existing structure and drive-thru will not be expanded. D. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The zone change does not alter the existing development potential of the site because the C-2 zone already exists for the vast majority of the lot. The C-2 zone is also present among adjacent properties. Therefore, the existing streets are already designed to accommodate the traffic generated by commercial developments. The same is true of existing utilities and other infrastructure. E. The proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The zone change will eliminate the current inconstancy between the zoning code and the zoning map and General Plan. The entire property will now be zoned C-2 as it is intended per the General Plan. PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 2 PC Agenda Page 25 Resolution No. 22- Downey Planning Commission 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 recommends that the City Council approve a zone change (PLN-22-00044) and update the Comprehensive Zoning Map to rezone the subject property to C-2 (General Commercial), as outlined in Exhibit A of this resolution. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21 It day of September, 2022. 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 21 It day of September, 2022, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Linda Thai Deputy City Clerk PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 3 Resolution No. 22- Downey Planning Commission EXHIBIT A Existing Zoning Proposed Zoning PLN-22-00044 — 10014 Paramount Blvd. September 21, 2022 - Page 4 PC Agenda Page 27