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HomeMy WebLinkAbout1. PLN-13-00125 - 8649 Firestone STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JULY 17, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00125 (SITE PLAN REVIEW AND CONDITIONAL USE PERMIT) – A REQUEST TO CONDUCT FAÇADE MODIFICATIONS ON AN EXISTING BUILDING AND TO OPERATE A RESTAURANT WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON SALE GENERAL, EATING PLACE) LICENSE AND AN OUTDOOR DINING AREA. LOCATION: 8649 FIRESTONE BLVD (AIN 6254-031-014) ZONING: C-3 (CENTRAL BUSINESS DISTRICT) REPORT SUMMARY The proposed request is to allow the reestablishment of a restaurant at the subject site with an ABC Type 47 (On-Sale General, Eating Place) license. As part of the new restaurant, the applicant is also proposing to conduct façade modifications and add outdoor eating areas. The Conditional Use Permit is to allow the sale of alcohol and the outdoor eating area, while the Site Plan Review is to allow the façade modifications. Based on the analysis contained within this report, staff feels that all required findings to approve the project can be made in a positive manner; as such, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITION USE PERMIT AND SITE PLAN REVIEW (PLN-13-00125), THEREBY ALLOWING FAÇADE MODIFICATIONS ON AN EXISTING BUILDING AND THE OPERATION OF A RESTAURANT WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON SALE GENERAL, EATING PLACE) LICENSE AND AN OUTDOOR DINING AREA ON PROPERTY LOCATED AT 8649 FIRESTONE BLVD, ZONED C-3 (CENTRAL BUSINESS DISTRICT). BACKGROUND The subject site is a rectangular shaped 1.7 acre parcel that is located on the north side of Firestone Blvd, west of Marbel Ave. The subject site has a General Plan Land Use Designation of General Commercial and is zoned C-3 (Central Business District). The site is improved with a 13,710 square foot single story building that was previously occupied by a restaurant (Sambi’s) from 1973 until 2010. The building is located on the south side of the property, adjacent to Firestone Blvd. This building was originally built in the early 1970’s and includes a central dining room area, kitchen, and banquet facilities. Vehicle access to the site is via a driveway on the west side of the building, which leads to a 112 space parking lot to the north of the building. In addition to the building and parking lot, there is approximately 3,600 square foot of landscaping that is strewn throughout the site. View of property from Firestone Blvd To the west of the subject site are multiple office/retail buildings that are located in the C-3 zone and have a General Plan Land Use Designation of General Commercial. The north side of the subject site is improved with Downey High School. The high school has portions of their property within the R-3 zone and portions within the R-2 zone, but has a General Plan Land Use Designation of Mixed Use for the entire site. Across Firestone Blvd (south side of the site) is a variety of commercial businesses, including a grocery store and rental car business. These properties have a General Plan Land Use Designation of General Commercial and are within the C-2 and C-3 zones. To the east of the site, along Firestone Blvd, is a nail salon, insurance office, and used car dealership, all of which is within the C-3 zone and General Commercial General Plan Land Use Designation. Behind these properties, along Marbel Ave, are single family homes whose rear property lines are adjacent to the parking lot of the subject site. These homes are zoned R-2 and have a General Plan Land Use Designation of Low Density Residential. On June 3, 2013, the applicant (Francisco Javier Garcia) submitted the request for a Site Plan Review and Conditional Use Permit (PLN-13-00125) in order to modify the facades of the existing building and operate a restaurant with an ABC Type 47 license and outdoor dining area. After a careful review of the request, the application was subsequently deemed complete on July 2, 2013. On July 4, 2013, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on July 5, 2013. DISCUSSION/ANALYSIS Even though a restaurant previously operated at the site with an ABC license, there is no approved Conditional Use Permit for alcohol sales at the location. Inasmuch as the last restaurant closed over 180 days, Municipal Code Section 9410.06 requires the applicant obtain a Conditional Use Permit prior to reestablishing alcohol sales at the site. Additionally, the Conditional Use Permit covers the establishment of the new outdoor eating areas, as required by Municipal Code 9314.06(b)(2). The Site Plan Review is to allow the Planning Commission to review the proposed new architecture of the building. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 2 The applicant is proposing to perform tenant improvements to the building to expand the banquet room, reconfigure the dining room, and upgrade all the restrooms to meet current standards. It should be noted that these improvements will be completed without expanding the footprint of the building. In addition to the tenant improvements, the applicant is proposing to convert the former raised planters along the south (facing Firestone Blvd) and west (facing the driveway) sides of the building into the outdoor dining areas. In addition to the interior improvements, the applicant is proposing to change the architectural style of the building. As proposed, the building will have an eclectic Spanish style. This includes white smooth stucco on the facades, brick veneer on the planter walls, tile roof, exposed rafters, and new trellis and skylights on the cupola. Proposed Architecture Finally, the applicant is proposing to refurbish the parking lot (patch holes, new slurry seal, and stripping), and trim and/or replant all landscape areas as needed. After completing all site and tenant improvements, the applicant will open the new restaurant called La Barca. It is important to note that this business is not related to the La Barca Grill and Cantina on the corner of Paramount Blvd and Third Street. Instead, the operator of this restaurant operates five other locations in the Los Angles region. As noted, the restaurant will maintain an ABC Type 47 license, which allows the sale and consumption of all alcoholic beverages on the site in conjunction with a bona fide eating establishment. The proposed hours of operation are 7:00 a.m. until 2:00 a.m., seven (7) days a week. No live entertainment is being requested at this time. The applicant is anticipating having 48 total employees. As noted below, staff received an email regarding potential noise impacts created from patrons congregating in the parking lot, particularly later at night. Even though the restaurant is permitted by right at the subject site, the Conditional Use Permit gives the City the opportunity to mitigate potential impacts created by the use. Accordingly, staff is recommending conditions of approval to require the applicant to place new trees with large canopies in the existing tree wells, post signs to remind patrons to be courteous to the neighbors, and prevent patrons from congregating in the parking lot. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 3 It is staff’s opinion that the proposed project will be beneficial to the immediate area and the City as a whole. Should the Planning Commission approve the request, the site will be enhanced and the building will be remodeled, which hasn’t been done since the building was originally constructed 40 years ago. Staff is of the further opinion that the proposed façade improvements will enhance the Firestone Blvd streetscape. Finally, staff believes that the re-establishment of a restaurant at the site meets the desire of the community to increase the number of full service restaurants in the City. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use 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 the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing use. Inasmuch as the applicant is occupying an existing building with only a negligible expansion into the new outdoor eating area, staff feels that this request qualifies for this exemption. FINDINGS Conditional Use Permit Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the Conditional Use Permit. A discussion of the findings follows: A. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed full service restaurant will provide these needs by providing a quality eating establishment for those who live and work in the area, as well as others in the region. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval is does not create a specific plan, staff believes that it contributes to achievement of this goal by providing a full service restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” It is staff’s further opinion the proposed remodel and façade enhancement will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. For these reasons, staff is of the opinion that approval of project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 4 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. The site is currently improved with a 13,710 square foot building that operated as a full service restaurant from the 1973 until 2010. Inasmuch as a restaurant previously operated with alcohol sales, staff is of the opinion that the re-establishing a restaurant with alcohol sales will not affect surrounding properties. Notwithstanding this, staff has recommended several conditions of approval, which will serve to mitigate any potential impacts on the neighboring properties. Furthermore, the success of this business can serve to draw people into the area, which will encourage further growth and development of the area. C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The subject site is an approximate 1.7 acre rectangular shaped lot that is currently improved with 13,710 square foot restaurant building. The restaurant is located on the south side of the site with sufficient parking to accommodate the use being located on the north side of the building. Inasmuch, as the proposed restaurant will utilize the existing building, which was previously used as a restaurant, and this approval does not include an expansion of the building, staff feels the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is accessed from Firestone Blvd, a primary arterial roadway within the City. Based on the most recent traffic counts conducted for the area, there are approximately 40,000 vehicles that travel in both directions each day on this portion of Firestone Blvd. The proposed use is occupying an existing building that was formerly occupied by a restaurant from 1973 until 2010, during which time the traffic counts were. Accordingly, traffic generated by the operation of the restaurant has already been accounted for in the baseline traffic counts. Notwithstanding this, a minimal increase in traffic can be anticipated with the new restaurant, as it might be more successful than the previous restaurant. Staff has reviewed this potential increase and is of the opinion that Firestone Blvd has sufficient capacity to absorb the additional traffic without impacted the level of service. Site Plan Review Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted prior to the Planning Commission approving the Site Plan Review. A discussion of the findings follows: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 5 zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed full service restaurant will provide these needs by providing a quality eating establishment for those who live and work in the area, as well as others in the region. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval is does not create a specific plan, staff believes that it contributes to achievement of this goal by providing a full service restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” It is staff’s further opinion the proposed remodel and façade enhancement will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. For these reasons, staff is of the opinion that approval of project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the zoning code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C-3 (Central Business District) zone, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed project meets both of these goals by providing a restaurant that can have a regional customer base and has been designed in a manner that will enhance the streetscape. Staff is of the further opinion that the conditions of approval will let the project be constructed while avoiding significant impacts to the area. 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 applicant is proposing to use an eclectic Spanish style, which includes the use of white smooth stucco on the facades, brick veneer on the planter walls, tile roof, exposed rafters, and new trellis and skylights on the cupola. It is staff’s opinion that the architectural style will serve to enhance the site and provide an aesthetic enhancement to the entire area, since it is an overall upgrade to the property and it augments the quality of the streetscape. 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 proposed project is to re-establish a restaurant at the subject site, but modify the facades to improve the appearance of the building. Additionally, the conditions of approval require that all landscaping be trimmed or replanted. Other than bringing the handicap entrance to the building into compliance with current regulations, the applicant will maintain the existing site layout. Accordingly, staff believes that the functional CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 6 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 have been properly considered in this request. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there are a virtual plethora of architectural styles, particularly in this area. The proposed architecture is a an eclectic Spanish style, which includes white smooth stucco on the facades, brick veneer on the planter walls, tile roof, exposed rafters, and new trellis and skylights on the cupola. After a review of other buildings in the area, staff noted that this style is not prevalent in the area. Nevertheless, it is staff’s opinion that the finished materials and colors being proposed by the applicant will allow the buildings to blend nicely with the architectural styles of the other buildings. Staff is of the opinion that the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area and that 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 subject site was built in the early 1970’s and has not gone through a remodel since. The proposal will re-establish a restaurant at the site, which includes remodeling the building and modifying the façades. It is staff’s opinion this remodel and façade enhancement will upgrade the property of the immediate area. Notwithstanding this, staff has included several conditions of approval to plant new trees along the east property line, which will provide additional screening for the adjoining residences. Based on this, it is staff’s opinion the project will upgrade the property and promote the public health, safety, and welfare of those who work or reside in the area. 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. As part of this project staff is recommending several conditions of approval, which include the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, staff has recommended an additional condition of approval that the applicant have it removed within 48 hours of application. With these conditions, staff feels that the design features will include be in accordance with Section 4960 of the Municipal Code. CORRESPONDENCE As of the date that this report was printed, staff received one email regarding this project (attached) from a Mr. Mukeshkumar Patel, who is a property owner on Marbel Ave. This email expressed concerns about noise generated from the parking lot and live entertainment from the business. As noted earlier in this report, staff has recommended several conditions of approval to mitigate the noise impact from the parking lot of the business and the applicant has not CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 7 requested live entertainment. The author of the email also refers to a yelp review, however it is not the correct La Barca. CONCLUSION Based on the analysis contained within this report, staff is concluding that the façade modifications and operation of the restaurant with the Type 47 license and outdoor dining will not create significant adverse impact to the area, provided that all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all required findings can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit and Site Plan Review (PLN-13-00125), subject to the recommended conditions of approval. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 8 Exhibits Location Aerial Photograph CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 9 500’ Radius Zoning CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 10 RESOLUTION NO. ___________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITION USE PERMIT AND SITE PLAN REVIEW (PLN-13-00125), THEREBY ALLOWING FAÇADE MODIFICATIONS ON AN EXISTING BUILDING AND THE OPERATION OF A RESTAURANT WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON SALE GENERAL, EATING PLACE) LICENSE AND AN OUTDOOR DINING AREA ON PROPERTY LOCATED AT 8649 FIRESTONE BLVD, ZONED C-3 (CENTRAL BUSINESS DISTRICT). 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 June 3, 2013 the applicant submitted an application requesting a Site Plan Review and Conditional Use Permit (PLN-13-00125) in order to modify the facades of the existing building and operate a restaurant with an ABC Type 47 license and outdoor dining area. After a complete review of the request, staff deemed the application complete on July 2, 2013; and, B. On July 4, 2013, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site on July 5, 2013; and, C. The Planning Commission held a duly noticed public hearing on July 17, 2013, and after fully considering all oral and written testimony and 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 Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed full service restaurant will provide these needs by providing a quality eating establishment for those who live and work in the area, as well as others in the region. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval is does not create a specific plan, it contributes to achievement of Resolution No. Downey Planning Commission this goal by providing a full service restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The proposed remodel and façade enhancement will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. 2. 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. The site is currently improved with a 13,710 square foot building that operated as a full service restaurant from the 1973 until 2010. Inasmuch as a restaurant previously operated with alcohol sales, the re-establishing a restaurant with alcohol sales will not affect surrounding properties. Notwithstanding this, several conditions of approval have been included in this resolution, which will serve to mitigate any potential impacts on the neighboring properties. Furthermore, the success of this business can serve to draw people into the area, which will encourage further growth and development of the area. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The subject site is an approximate 1.7 acre rectangular shaped lot that is currently improved with 13,710 square foot restaurant building. The restaurant is located on the south side of the site with sufficient parking to accommodate the use being located on the north side of the building. Inasmuch, as the proposed restaurant will utilize the existing building, which was previously used as a restaurant, and this approval does not include an expansion of the building, the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is accessed from Firestone Blvd, a primary arterial roadway within the City. Based on the most recent traffic counts conducted for the area, there are approximately 40,000 vehicles that travel in both directions each day on this portion of Firestone Blvd. The proposed use is occupying an existing building that was formerly occupied by a restaurant from 1973 until 2010, during which time the traffic counts were. Accordingly, traffic generated by the operation of the restaurant has already been accounted for in the baseline traffic counts. Notwithstanding this, a minimal increase in traffic can be anticipated with the new restaurant, as it might be more successful than the previous restaurant. Firestone Blvd has sufficient capacity to absorb the additional traffic without impacted the level of service. SECTION 4. 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: 1. 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 subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed full service restaurant will provide these needs by providing a quality eating establishment for those who live and work in the area, as well CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 2 Resolution No. Downey Planning Commission as others in the region. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented in part by General Plan Program 1.1.4.5, which states, “Create a specific plan for a restaurant row along the Firestone Boulevard corridor.” While this approval is does not create a specific plan, it contributes to achievement of this goal by providing a full service restaurant on Firestone Blvd. It is also a policy of the General Plan (Policy 8.2.2) to “Promote the upgrading of properties.” The proposed remodel and façade enhancement will not only upgrade the subject site, but will serve to upgrade all the surrounding properties, as it will enhance the streetscape. For these reasons, the approval of project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the zoning code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C-3 (Central Business District) zone, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed project meets both of these goals by providing a restaurant that can have a regional customer base and has been designed in a manner that will enhance the streetscape. Furthermore, the conditions of approval will let the project be constructed while avoiding significant impacts to the area. 3. 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 applicant is proposing to use an eclectic Spanish style, which includes the use of white smooth stucco on the facades, brick veneer on the planter walls, tile roof, exposed rafters, and new trellis and skylights on the cupola. The architectural style will serve to enhance the site and provide an aesthetic enhancement to the entire area, since it is an overall upgrade to the property and it augments the quality of the streetscape. 4. 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 proposed project is to re-establish a restaurant at the subject site, but modify the facades to improve the appearance of the building. Additionally, the conditions of approval require that all landscaping be trimmed or replanted. Other than bringing the handicap entrance to the building into compliance with current regulations, the applicant will maintain the existing site layout. Accordingly, 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 have been properly considered in this request. 5. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there are a virtual plethora of architectural styles, particularly in this area. The proposed architecture is a an eclectic Spanish style, which includes white smooth stucco on the facades, brick veneer on the planter walls, tile roof, exposed rafters, and new trellis and skylights on the cupola. After a review of other buildings in the area, it has been found that this style is not prevalent in the area. Nevertheless, it is CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 3 Resolution No. Downey Planning Commission the finished materials and colors being proposed by the applicant will allow the buildings to blend nicely with the architectural styles of the other buildings. Accordingly, the proposed architectural style is neither dissimilar nor monotonous from other buildings in the area and that this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. 6. 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 subject site was built in the early 1970’s and has not gone through a remodel since. The proposal will re-establish a restaurant at the site, which includes remodeling the building and modifying the façades. This remodel and façade enhancement will upgrade the property of the immediate area. Notwithstanding this, several conditions of approval have been added to require new trees be planted along the east property line, which will provide additional screening for the adjoining residences. 7. 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. As part of this project several conditions of approval have been included to require the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, an additional condition of approval has been included to have the applicant have it removed within 48 hours of application. With these conditions, staff feels that the design features will include be in accordance with Section 4960 of the Municipal Code. 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 the Conditional Use Permit and Site Plan Review (PLN-13-00125), subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 4 Resolution No. Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of July, 2013. 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 17th day of July, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 5 Resolution No. Downey Planning Commission CONDITIONAL USE PERMIT AND SITE PLAN REVIEW PLN-13-00125 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit and Site Plan Review permits the operation of a restaurant with live entertainment and a Department of Alcoholic Beverage Control Type 47 (On-Sale General - Eating Place) license and an outdoor dining area. Additionally, this approval shall permit façade modifications to the building. 2) Approval of this Conditional Use Permit and Site Plan Review shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4) 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 6) The permitted hours of operation of the business shall be from 7:00 a.m. until 2:00 a.m. the following morning, seven (7) days a week. 7) There shall be no live entertainment or other night club activity offered at the establishment at any time. This shall include, but may not be limited to, live bands, disc jockeys, karaoke, customer dancing only, or any other type of performance. 8) The outdoor dinning areas shall be limited to the south and west sides of the building, as noted in the approved set of plans. 9) The approved architectural style shall be Spanish eclectic. All façades and the roof (including the cupola) shall be modified as noted in the approved set of plans. 10) The sale of alcohol and live entertainment shall cease one (1) hour prior to closing. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 6 Resolution No. Downey Planning Commission 11) Customers shall not be within the business after the specified closing time. 12) 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. 13) Alcohol shall not be sold for off-site consumption. 14) The kitchen shall remain open to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches is not considered to be in compliance with this condition. 15) 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. 16) All signs shall comply with the requirements set forth in the Downey Municipal Code. 17) 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. Any graffiti applied on the site shall be removed by the applicant within 48 hours. 18) There shall be no entrance fee or cover charge to the business. 19) All lights on the property shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of-way. 20) Prior to the issuance of building permits, the applicant shall obtain approval from the City Planner of all landscaping, which shall include trimming all landscaping on site and planting trees in the landscape planters along the east property line. The size and number of landscaping shall meet the requirements of Municipal Code Section 9520. Trees that have large canopies and maintain foliage year round shall be preferential for the trees along the east property line. All landscape shall be installed and permanently maintained. 21) All above grade back-flow preventers, check valves, and transformers shall be painted green and screened from view from the public right-of-way. 22) The applicant shall post signs in the parking lot to remind patrons to be courteous to neighbors and keep noise down. The applicant shall obtain approval of the sing language and size from the City Planner prior to them being installed. 23) The applicant shall prevent large groups of patrons from congregating in the parking lot. 24) Prior to the final of building permits, the applicant shall enclose the trash enclosure. This shall mean to put a roof over the enclosure, and extend the height of the north, east, and south walls to the roof. A solid gate shall be located on the west side of the enclosure. 25) Prior to the issuance of final building permits, the parking lot shall be repaired and all holes shall be patched. The entire parking lot shall be slurry sealed and re-stripped. CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 7 Resolution No. Downey Planning Commission CUP, SPR (PLN-13-00125) – 8649 Firestone Blvd July 17, 2013 - Page 8 26) There shall be no television or similar device that is installed in the outdoor eating area. POLICE 27) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 28) The owner/applicant shall impose a dress code that shall not permit patrons to wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn backwards. Additionally, the dress code shall prohibit sandals and/or tank tops after 8:00 p.m. 29) The owner/applicant shall comply with and strictly adhere to all conditions of any permit issued by the Alcohol Beverage Control (“ABC”) to the applicant and any applicable regulations of ABC. 30) A copy of the Conditional Use Permit and any Police Permit shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City’s laws, ordinances, or regulations. 31) The applicant shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by the Chief of Police. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. 32) Signs shall be posted at all entrances to the premises and business identifying a zero- tolerance policy for nuisance behavior at the premises (including the parking lot). BUILDING 33) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 34) 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. FIRE DEPARTMENT 35) Plans to be submitted through Building and Safety and shall comply with 2010 California Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 36) A fire sprinkler system and a fire alarm system shall be installed. Approval of the sprinkler and alarm systems shall be done through a ‘Deferred Submittal” in which additional requirements to meet the code may be added. 37) All fire lanes shall be clearly identified including the use of red curbs and signs. All fire access shall require turn around area for fire apparatus, as approved by the Fire Chief.