HomeMy WebLinkAboutPC Resolution 13-2837 RESOLUTION NO. 13-2837
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 FACADE 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."
L. 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. 13-2837
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
Wc0'44
Resolution No. 13-2837
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. 13-2837
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. 13-2837
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
LPASSED, APPROVED AND ADOPTED this 17th d,: • uly, 013.
///7
•uis Mor- -s, Chair an
City Plan,ing 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: Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lujan
ABSTAIN: COMMISSIONERS: None
__/"(%
Mary Ca anagh, Secretary
City Planning Commission
Li
I
CUP,SPR(PLN-13-00125)—8649 Firestone Blvd
July 17,2013-Page 5
Resolution No. 13-2837
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 facades 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
' 7511114
Resolution No. 13-2837
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. The
east and north doors shall be closed during the hours of operation of the restaurant.
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) A lighting plan providing sufficient lighting in the parking area shall be reviewed and
approved by the Community Development Department prior to the issuance of building
permits. 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 sign
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.
CUP,SPR(PLN-13-00125)—8649 Firestone Blvd
July 17,2013-Page 7
Resolution No. 13-2837
Downey Planning Commission
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.
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 at least one exterior licensed and bonded, uniformed
patrolmen or security guard from 10:00 p.m. to one half(1/2) hour after closing of the
restaurant, seven (7) days a week. The Chief of Police may be increase the number of
licensed and bonded, uniformed patrolmen or security guard, as he or she deems
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.
CUP,SPR(PLN-13-00125)—8649 Firestone Blvd
July 17,2013-Page 8
Resolution No. 13-2837
Downey Planning Commission
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.
CUP,SPR(PLN-13-00125)—8649 Firestone Blvd
July 17,2013-Page 9