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HomeMy WebLinkAbout01. 193 Stonewood St.STAFF REPORT DATE: JANUARY 5, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN -10 -08129 (CONDITIONAL USE PERMIT & SITE PLAN REVIEW) — A REQUEST TO ESTABLISH A 7,386 SQUARE FOOT RESTAURANT (BUFFALO WILD WINGS) WITH AN OUTDOOR SEATING AND THE SALE ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 193 STONEWOOD STREET, ZONED SP 89 -1 (STONEWOOD SPECIFIC PLAN) CEQA Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff 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 the California Environmental Quality Act. Class 1, includes minor expansion of uses including this request. It is staff's opinion that the proposed restaurant and outdoor seating area will not have a significant effect on the environment; thereby qualifying for the Class 1 exemption. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolutions: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10 -08129 (SITE PLAN REVIEW & CONDITIONAL USE PERMIT), A REQUEST TO CONVERT A 7,386 SQUARE FOOT TENANT SPACE WITHIN THE STONEWOOD SHOPPING CENTER INTO A RESTAURANT (BUFFALO WILD WINGS) WITH AN OUTDOOR SEATING AREA AND TO OPERATE THE RESTAURANT WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON -SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 193 STONEWOOD STREET, ZONED SP 89 -1 (STONEWOOD SPECIFIC PLAN) CODE AUTHORITY The applicant has submitted a request pursuant to the provisions of the Stonewood Specific Plan (SP 89 -1) and 9314.06(b)(2), which requires approval of a site plan review for site improvements, and a conditional use permit for outdoor seating and for the sale of alcohol. The Planning Commission's authority to consider the request is set forth in Municipal Code Sections 9820 (Site Plan Review) and 9824 (Conditional Use Permit). PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE LOCATION 193 STONEWOOD ST SITE DESCRIPTION A. Subject Property /Surrounding Properties 1. Property Information Site Location: 2. Applicant Information Project Representatives: Property Owner: 3. CEQA Determination 4. Noticing Information Applicant Notification: Required Action Date: 193 Stonewood Street A I N 6285- 031 -092 Cindy Block Liquor License Specialists 12304 Santa Monica Blvd, Suite 100 Los Angeles, CA 90025 Torrence Lindell Buffallo Wild Wings December 2, 2010 January 31, 2011 PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 2 Gary Ball & Mace rich Hallums Mace rich Stonewood LLC 251 Stonewood St, Downey, CA 90241 Categorical Exemption, Class 1 (Existing Facilities) B. Surrounding Properties C. Zone North R -1 5000 (Single Family Residential) East R -3 & C -1 (Multi - Family Residential & Neighborhood Commercial) South SP 91 -2 (Firestone /Lakewood Specific Plan) West C -P (Professional Office) and SP 91 -2 (Firestone /Lakewood Specific Plan) Site Photograph BACKGROUND PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 3 Use Single - Family Apartment Complexes and Service Station Commercial Businesses Restaurant and Professional Offices On October 14, 2010 and November 16, 2010, representatives for Blazing Wings Inc., submitted two (2) land use applications (Site Plan Review and Conditional Use Permit) for the establishment of Buffalo Wild Wings restaurant at 193 Stonewood Street, Downey. The proposed project involves approving the following applications: 1) Site Plan Review (PLN -10- 08129), a request for project development, architectural design, building colors & materials, and landscaping; and 2) Conditional Use Permit (PLN -10- 08129), a request for an outdoor seating /patio area and the sale of alcoholic beverages (Type 47). The subject property is currently developed with a 944,642 square foot, shopping mall (Stonewood Center) and is zoned SP 89 -1 (Stonewood Specific Plan). The subject site is located on the south side of the mall, adjacent to Macy's Home Store and will encompass one tenant space, currently occupied by "For Your Entertainment" music store. Staff completed its review of the applications on December 2, 2010 and deemed them complete. On December 22, 2010, notice of the pending public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot. DISCUSSION /ANALYSIS The applicant is proposing a tenant improvement to allow for the change in use from retail to restaurant, as well as a facade change for said tenant space. The proposed restaurant will comprise 7,386 square feet of floor area; of that, 6,055 is to be indoor dining area, 681 square feet is to be outdoor seating /patio area, and the remaining 650 square feet will encompass restrooms, cooler, take -out and a service area. The required parking for a restaurant that is located within the shopping mall is one (1) parking space per 1,000 square feet, thus, Buffalo Wild Wings restaurant is required to provide eight (8) parking spaces. The mall currently has 258 excess parking spaces; therefore, parking for the project will not be an issue. The proposed development retains the existing mass planting of Agapanthus and Rhaphiolepis at the storefront, while adding matching plants within a new concrete curb planter. The plan also proposes new colored concrete paving at the entrance to match existing paving (see attached Sheet L1 for hardscape materials and location of the planters). No additional landscaping areas will be added to the site; however, staff recommends that the applicant preserve the existing mature trees. In addition, the applicant will construct a 16' x 6.7' outdoor trash enclosure in the parking area adjacent to the existing transformer enclosure (see attached site plan). The trash enclosure walls will consist of concrete block (to match the transformer vault) and will have a standing seam metal roof, painted brown to match the vault. Buffalo Wild Wings proposes to be open seven (7) days a week, between 9:00 a.m. and 2:00 a.m., with no sales of alcoholic beverages after 1:00 a.m. According to the applicant, this 1 hour gap will allow customers to finish their meals and drinks and leave the restaurant by 2:00 a.m. SITE PLAN REVIEW Architecture — The restaurant's proposed architectural style can best be characterized as contemporary. And some of its more prominent design elements include the entry tower, a standing seam metal roof attached to the front (south) elevation, building facades clad in contrasting sand pebble, smooth stucco, masonry block, and the use of a black metal iron fence at the outdoor patio area. The building features a horizontal roof line with a matching roof line for the entry tower. Staff suggests the roof line will complement the adjacent buildings (i.e. Macy's home store and BJ's restaurant). The primary entrance to the store features a 30 -foot tower which is the highest part of the building. The tower will be visible from Firestone Boulevard and customers will recognize it as the entrance. The secondary entrance will be inside the shopping mall so that customers can enter the restaurant without leaving the mall. Staff believes permitting the design of the Buffalo Wild Wings would be consistent with several of the recently adopted General Plan policy and programs. They include: Policy 8.1.1., "Promote architectural design of the highest quality ". • Goal 8.1 of the Design Element to "Promote quality design for new, expanded and remodeled construction "; and • Goal 9.1 of the General Plan is "Attract and retain businesses ". Building Materials & Colors — The proposed building features the following prominent design elements: sand pebble and smooth stucco finished will cover most of the walls, except the bottom part of the entry tower, which will be covered in concrete block. The same kind of block will also be PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 4 applied to the walls of the trash enclosure. A list of the project's building elements along with their proposed finishes and colors is provided below. Table 2. Materials & Colors Element Main building Entry tower Stone Accent Cornice /Parapet Roof /Awning Window & Door Patio Area Fence CONDITIONAL USE PERMIT Material Stucco Stucco Concrete Masonry Unit Stucco finish Metal Seam Clear glass and aluminum Iron PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 5 Color Field Color: Pretzel Sherwin Williams, Licorice and china white Sandstone Extra white and black magic Black with yellow square fascia Clear glazing glass & anodized aluminum Black In summary, staff is pleased with the proposed building's selected architectural style, colors and materials. Staff feels the selected colors and materials will work well with the building's architectural features. Staff also feels that the architect has designed an attractive building that will substantially add to the Stonewood Shopping Center. Due to the maximum number of wall signage per building elevation permitted by the Sonewood Sign Program, the applicant will need to revise the sign plans and return to the Planning Commission at a later date. Outdoor Seating The proposed outdoor dining area will be directly beneath the existing building projection with the extension of the metal seam roof structure. The 681 square feet outdoor patio will be enclosed by a five foot (5') tall wrought iron fence. To soften the appearance of this area, the applicant will re- plant bushes and provide new planter areas between the new wrought iron fence and the pedestrian aisles. It is staff's opinion that the proposed outdoor dining patio, within the Stonewood shopping center, can provide a benefit to the patrons of Buffalo Wild Wings while avoiding impacts to persons residing and working in the area. Pursuant to Section VI- Development Standards, 2.6 of the Stonewood Specific Plan (SP 89 -1), the sale of alcoholic beverages requires approval of a conditional use permit from the Planning Commission. According to the applicant, the requested conditional use permit to operate Buffalo Wild Wings with a Type 47 (On -Sale General, Eating Place) Alcohol Beverage Control license would allow the restaurant to improve the business further and increase the sales revenues significantly. However, the gross sales of alcohol shall not exceed the gross sales of food and the applicant may be required to provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. As mentioned earlier in the report, the restaurant proposes to close at 2:00 a.m., seven (7) days a week. As such, the sales of alcoholic beverages will be ceased at 1:00 a.m. This allows patrons to finish their drinks and leave the premises by 2:00 a.m. FINDINGS Staff has reviewed the proposal and has developed the following findings for the approval of the PLN -10 -08129 Site Plan Review: 1. That 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. These goals and policies of the Downey General Plan (Vision 2025) are addressed as follows: Goal 8.1 of the Design Element is "Promote quality design for new, expanded and remodeled construction" and Policy 8.1.1 seeks to promote architectural design of the highest quality. The applicant proposes to upgrade the existing site which will result in an attractive, modern restaurant (Buffalo Wild Wings) that will function as its design intended. Goal 9.1 of the General Plan is "Attract and retain businesses ". The Stonewood Center and the Downey community have the qualities and characteristics necessary to attract another business to the City. 2. That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The subject site is zoned SP 89 -1 (Stonewood Specific Plan), which allows the development of a new restaurant (Buffalo Wild Wings), subject to the approval of a site plan review application by the Commission. The proposed project complies with all development standards and is consistent with the purpose of the SP 89 -1 zone. The Applicant has adhered to the City's approval process for site plan review, which resulted in the orderly development of the site while maintaining compatibility with the surrounding land uses. 3. That 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. Staff has attached conditions of approval to this Site Plan Review Case to ensure that the proposed development will integrate harmoniously and enhance the character of the surrounding properties by providing a new modern appearance. In addition, the new building will also complement the recently developed BJ's restaurant, which is just west of the subject location at the Stonewood Center. 4. That 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 subject building and parking area are existing and are not to be altered, thus, the functionality of the site is limited due to these existing constraints. The new store front will enhance the site and the view from the public street as it fronts on Firestone Blvd. 5. That 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 restaurant proposes a contemporary architectural design that differs from other uses nearby, but incorporates design elements and building materials (entry tower design, stucco, and stone accents) found on a nearby building (BJ's restaurant). Staff has incorporated conditions of approval for this Site Plan Review Case to ensure that the proposed building will blend harmoniously with the architectural design of the Stonewood Center. PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 6 6. That 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. This proposal will improve property values in the vicinity and improve the streetscape of Firestone Blvd. The proposed restaurant is a modern structure that complies with the current Building Code and Fire Code regulations for structural integrity and fire safety. 7. That 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. Section 4960 allows the City to consider imposing conditions reasonably related to the mitigation of the impacts of graffiti. Therefore, the "conditions of approval" for Site Plan Review will include a condition stating that design features will incorporate graffiti- resistant materials. As mentioned previously, the applicant is also requesting approval of a conditional use permit to allow a 681 square foot outdoor seating /patio area and the sale of alcoholic beverages on the subject site. Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving a Conditional Use Permit. A discussion of the findings follows: 1. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter 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 for a 681 square foot outdoor seating /patio area and the sale of alcoholic beverages at the subject site will not adversely affect the purpose and intent of the General Plan or general welfare of persons residing or working in the area because the proposed restaurant for which this conditional use permit is intended, is allowed by right in the Stonewood Specific Plan (SP 89 -1) and is permitted by this property's General Plan designation of General Commercial. In addition, the proposed restaurant is conveniently located for persons residing and working in the vicinity of the shopping mall. Finally, the addition of a new restaurant at the subject site will create additional jobs at Stonewood Center. 2. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The proposed use does not adversely affect the adjoining land uses since it conforms to the Stonewood Specific Plan (SP 89 -1) and is permitted by this property's General Plan designation of General Commercial. In addition, surrounding properties are currently developed with similar commercial uses and the location of the proposed restaurant is at a commercial shopping mall. 3. That the size and shape of the subject property proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The size and shape of the subject property is adequate to allow the development of the proposed restaurant in a manner not detrimental to the area because said restaurant will not add floor area to the existing shopping mall. In addition, the size and shape of the site have been approved through the Stonewood Specific Plan (SP 89 -1) and have not changed since its adoption. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 7 Firestone Boulevard serves the project site. It is classified as a Major Arterial Highway on the City's Master Plan of Streets and Highways. Firestone Boulevard contains three lanes in each direction. It would be able to absorb any additional traffic the requested use may create. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area due to the size of the project which is replacing an existing service use, and the commercial nature of the proposed use at an existing shopping center. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter. CONCLUSION Based on the information contained in this report, staff supports the proposed Buffalo Wild Wings restaurant project, subject to conditions of approval. Furthermore, staff believes that all findings required to approve site plan review and conditional use permit applications for the proposed project can be made in a positive manner. As such, staff recommends that the Planning Commission adopt resolutions approving PLN -10 -08129 (Site Plan Review & Conditional Use Permit), subject to the conditions of approval, as stated in this staff report and in Exhibit A of the Planning Commission Resolutions. H:\ PLANNING \KEVIN \CASES \CUP\2010 \Stonewood (BuffaloWildWings) \10 -08129 staff report.doc PLN -1 0 -081 29 —1 93 Stonewood St January 5, 2011 - Page 8 RESOLUTION NO. 10 -2694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10 -08129 (SITE PLAN REVIEW & CONDITIONAL USE PERMIT), A REQUEST TO CONVERT A 7,386 SQUARE FOOT TENANT SPACE WITHIN THE STONEWOOD SHOPPING CENTER INTO A RESTAURANT (BUFFALO WILD WINGS) WITH AN OUTDOOR SEATING AREA AND TO OPERATE THE RESTAURANT WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON -SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 193 STONEWOOD STREET, ZONED SP 89 -1 (STONEWOOD SPECIFIC PLAN) 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 Cindy Block, (hereinafter "applicant ") requesting PLN- 10 -08129 (Site Plan Review & Conditional Use Permit) to permit the conversion of a retail building into a restaurant and the sales of alcoholic beverages, on property at 193 Stonewood Street, zoned SP 89 -1 (Stonewood Specific Plan) (hereinafter "subject property ") (AIN 6285- 031 -092); B. On December 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 Downey Patriot; and, C. The Planning Commission held a duly noticed public hearing on January 5, 2011 and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 10 -2694, subject to conditions of approval (Exhibit A). 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. That 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. These goals and policies of the Downey General Plan (Vision 2025) are addressed as follows: Goal 8.1 of the Design Element is "Promote quality design for new, expanded and remodeled construction" and Policy 8.1.1 seeks to promote architectural design of the highest quality. The applicant proposes to upgrade the existing site which will result in an attractive, modern restaurant (Buffalo Wild Wings) that will function as its design intended. Goal 9.1 of the General Plan is "Attract and retain businesses ". The Stonewood Center and the Downey community have the qualities and characteristics necessary to attract another business to the City. Resolution No. 10 -2694 Downey Planning Commission B. That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The subject site is zoned SP 89 -1 (Stonewood Specific Plan), which allows the development of a new restaurant (Buffalo Wild Wings), subject to the approval of a Site Plan Review application by the Commission. The proposed project complies with all development standards and is consistent with the purpose of the SP 89 -1 zone. The Applicant has adhered to the City's approval process for site plan review, which resulted in the orderly development of the site while maintaining compatibility with the surrounding land uses C. That 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. Staff has attached conditions of approval to this Site Plan Review Case to ensure that the proposed development will integrate harmoniously and enhance the character of the surrounding properties by providing a new modern appearance. In addition, the new building will also complement the recently developed BJ's restaurant, which is just west of the subject location at the Stonewood Center. D. That 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 subject building and parking area are existing and are not to be altered, thus, the functionality of the site is limited due to these existing constraints. The new store front will enhance the site and the view from the public street as it fronts on Firestone Blvd. E. That 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 restaurant proposes a contemporary architectural design that differs from other uses nearby, but incorporates design elements and building materials (entry tower design, stucco, and stone accents) found on a nearby building (BJ's restaurant). Staff has incorporated conditions of approval for this Site Plan Review Case to ensure that the proposed building will blend harmoniously with the architectural design of the Stonewood Center. F. That 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. This proposal will improve property values in the vicinity and improve the streetscape of Firestone Blvd. The proposed restaurant is a modern structure that complies with the current Building Code and Fire Code regulations for structural integrity and fire safety. G. That 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. Section 4960 allows the City to consider imposing conditions reasonably related to the mitigation of the impacts of graffiti. Therefore, the "conditions of approval" for Site Plan Review Site Plan Review — 193 Stonewood St January 5, 2011 - Page 2 Resolution No. 10 -2694 Downey Planning Commission will include a condition stating that design features will incorporate graffiti - resistant materials. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings, regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter 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 for a 681 square foot outdoor seating /patio area and the sale of alcoholic beverages at the subject site will not adversely affect the purpose and intent of the General Plan or general welfare of persons residing or working in the area because the proposed restaurant for which this conditional use permit is intended, is allowed by right in the Stonewood Specific Plan (SP 89 -1) and is permitted by this property's General Plan designation of General Commercial. In addition, the proposed restaurant is conveniently located for persons residing and working in the vicinity of the shopping mall. Finally, the addition of a new restaurant at the subject site will create additional jobs at Stonewood Center. B. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The proposed use does not adversely affect the adjoining land uses since it conforms to the Stonewood Specific Plan (SP 89 -1) and is permitted by this property's General Plan designation of General Commercial. In addition, surrounding properties are currently developed with similar commercial uses and the location of the proposed restaurant is at a commercial shopping mall. C. That the size and shape of the subject property proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The size and shape of the subject property is adequate to allow the development of the proposed restaurant in a manner not detrimental to the area because said restaurant will not add floor area to the existing shopping mall. In addition, the size and shape of the site have been approved through the Stonewood Specific Plan (SP 89 -1) and have not changed since its adoption. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Firestone Boulevard serves the project site. It is classified as a Major Arterial Highway on the City's Master Plan of Streets and Highways. Firestone Boulevard contains three lanes in each direction. It would be able to absorb any additional traffic the requested use may create. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area due to the size of the project which is replacing an existing service use, and the commercial nature of the proposed use at an existing shopping center. 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 PLN -10 -08129 (Site Plan Review & Conditional Use Permit), subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the Site Plan Review — 193 Stonewood St January 5, 2011 - Page 3 Resolution No. 10 -2694 Downey Planning Commission community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5 day of January 2011. Louis Morales, 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 5 of January 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Site Plan Review — 193 Stonewood St January 5, 2011 - Page 4 Theresa Donahue, Secretary City Planning Commission Resolution No. 10 -2694 Downey Planning Commission PLN -10 -08129 (SITE PLAN REVIEW & CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The Downey Planning Commission grants this approval of Site Plan Review for the exterior modifications (including architectural design, exterior building colors and materials) of a 7,386 square foot restaurant (Buffalo Wild Wings) at 193 Stonewood St. in Downey, as shown on the approved site plan. Deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval of the Downey Planning Commission. 2) The Downey Planning Commission's approval of a conditional use permit allows the outdoor seating /patio area and a Department of Alcoholic Beverage Control Type 47 (on -sale general - eating place) license at the subject property. 3) The owner /applicant shall obtain all approvals and permits from the City of Downey for the installation of outdoor signage. Note that all signs shall comply with the requirements set forth in the Downey Municipal Code. 4) Approval of PLN -10 -08129 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) PLN -10 -08129 shall become null and void one (1) year after the adoption of this resolution, unless the construction or occupancy authorized by such Site Plan Review and Conditional Use Permit have been commenced within one year after the granting of such approval and pursued diligently to completion. 9) All conditions of approval of PLN -10 -08129 shall be complied with before the Site Plan Review and Conditional Use Permit become valid. 10) 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. Site Plan Review — 193 Stonewood St January 5, 2011 - Page 5 Resolution No. 10 -2694 Downey Planning Commission 11) Building plans shall include /incorporate graffiti resistant paint and materials on all exterior finishes, including block walls and trash enclosure. 12) 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 the view of adjoining streets and neighboring properties. 13) Railing for the outdoor seating /patio area and any area that may provide for ADA (American with Disabilities Act) required ramps, curb changes, etc., shall be redesigned so as to provide for patron protection from vehicular traffic (i.e. protective posts having a minimum distance of six feet on center, ballards, planters, etc.). 14) The permitted hours of operation of the restaurant are 7 days a week, 9:00 a.m. through 2:00 a.m. the next day. 15) The sales of alcoholic beverages shall stop at 1:00 a.m., which is one (1) hour before closing time at 2 a.m. the next morning. This allows customers to finish with their meals and drinks and out of the building by closing time. 16) There shall be no cover charge for the admission to the business. 17) Customers shall not be within the business after the specified closing time. 18) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the City Planner, the applicant shall provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. 19) The sale of alcohol shall be incidental to the sale of food within the dining area. 20) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 21) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 22) The owner /applicant shall preserve all existing mature trees on the subject site. Also, all new plants (i.e. shrubs) shall be a minimum of five (5) gallon in size. 23) New railings at the outdoor dining /patio area shall be powder- coated. 24) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for PLN- 10- 08129, into the approved set of building plans. BUILDING 25) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 26) 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 beginning operation of the site. Site Plan Review — 193 Stonewood St January 5, 2011 - Page 6 Resolution No. 10 -2694 Downey Planning Commission PUBLIC WORKS /ENGINEERING 27) The applicant shall install all new utilities associated with this project underground. 28) All areas within the scope of work of this project 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, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 29) Prior to the issuance of demolition permits, the applicant shall complete a Construction & Demolition (C &D) Waste Management Plan per Article V, Chapter 8 of the Downey Municipal Code. 30) The owner /applicant shall provide additional permit approvals from LA County DHS and LA County Sanitation District for installation of grease interceptor and sewer connection. 31) 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. 32) The owner /applicant shall provide on the plans the location of trash enclosure (with roof cover) and potable water hook up and sewer connection. PUBLIC WORKS /UTILITIES 33) The owner /applicant shall provide that the standards of improvements, construction materials, and method of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey's Standard Plans and Specs. 34) If applicable, the owner /applicant shall furnish and install a new (min. 2 -inch) dedicated potable water service line, meter, and meter box. 35) 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. 36) If applicable, 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. 37) If applicable, 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. 38) If applicable, the owner /applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including back flow 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 to current Downey standards and materials. Backflow devices, fire department connections, and Site Plan Review — 193 Stonewood St January 5, 2011 - Page 7 Resolution No. 10 -2694 Downey Planning Commission associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. 39) 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. 40) If applicable, 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. 41) 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 District of Los Angeles County (CSDLAC). 42) If applicable, 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. 43) The owner /applicant is responsible for the coordinating with and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges. 44) 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 digital (AutoCad) files. 45) Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the building permit. FIRE 46) Plans to be submitted through Building and Safety and shall comply with 2007 California Fire Code, 2007 California Building Code, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 47) The applicant/owner shall install a Knox® Rapid Entry System for the new building. 48) The applicant/owner shall install an approved Automatic Fire Extinguishing System throughout. H: \PLANNING \KEVIN \CASES \CUP\2010 \Stonewood (BuffaloWildWings) \10 -08129 spr -cup reso.doc Site Plan Review — 193 Stonewood St January 5, 2011 - Page 8