HomeMy WebLinkAboutPLN-11-00117 - Withdrawn
STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JULY 6, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN CASE NO. 11-00117 (SITE PLAN REVIEW) – A REQUEST TO CONSIDER A USE (DENTIST OFFICE) THAT IS NOT CONSISTENT WITH THE PERMITTED USE ALLOWANCES AT THE STONEWOOD CENTER, ON
PROPERTY ZONED S-P 89-1 (STONEWOOD SPECIFIC PLAN) DISCUSSION On May 12, 2011, Mr. Charles Hallums, Senior Property Manager at Stonewood Center, submitted a Land Use Permit Application
for PLN Case No. 11-00117, regarding site plan review of a proposed dental office at Stonewood Center. The Stonewood Specific plan does not list medical offices as permitted uses at
the shopping center. However, Stonewood Specific Plan contains a provision that allows the Planning Commission to consider uses that are inconsistent with the permitted use allowances
for the shopping center through further review of the use or review of the site plan. Consequently, Mr. Hallums requested that the Planning Commission amend the Stonewood Specific Plan
to allow the dentist office at Stonewood Center. Staff completed a review of the application on June 15, 2011 and deemed the application complete. Staff also sent notice of the pending
public hearing to all property owners within 500’ of the subject site and published the notice in the Downey Patriot on June 23, 2011. Nevertheless, staff continued to evaluate the application
and, after further consideration, staff determined that the dentist office is a permitted use at Stonewood Center. The Stonewood Specific Plan, which is essentially a customized zoning
ordinance that was developed in 1990 to accommodate Stonewood’s expansion plans, was designed to regulate development activities at the mall. Those regulations include providing its
permitted and conditional uses. Since the Plan identifies “Professional Offices” as a permitted use, Brian Saeki exercised his authority as the Community Development Director to add
dentist offices to the Plan’s list of permitted uses. Section V. E. “Interpretation and Ambiguities” of the Plan (page 64) delegates the responsibility of interpreting the Plan’s provisions
to the Community Development Director and Section V.F. directs the Community Development Director to administer and enforce them. The Director concluded that a dentist office falls under
the heading Professional Office. Therefore, his interpretation renders the requested amendment to the Stonewood Specific Plan moot and the application for PLN-11-00117 should be withdrawn.