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HomeMy WebLinkAboutPC Resolution 13-2848 RESOLUTION NO. 13-2848 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE A SITE PLAN REVIEW AND REVISION 'C' TO CUP 84-209 (PLN-13-00169), THEREBY ALLOWING A 2,168 S.F. ADDITION TO THE EXISTING RESTAURANT AND MODIFYING THE APPROVED HOURS OF OPERATION ON PROPERTY LOCATED AT 11010 PARAMOUNT BLVD, ZONED DDSP (DOWNTOWN DOWNEY 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. On November 20, 1984, the Planning Commission approved Conditional Use Permit No. 84-209 to allow a restaurant (Szechwan Restaurant) to operate with an ABC Type 47 (On-Sale General, Eating Place) license; and, B. On June 17, 2009, the Planning Commission approved Revision 'A' to Conditional Use Permit No. 84-209 (officially numbered CUP 09-14), thereby allowing live entertainment at the establishment (Portofino's at Downey); and, C. On February 15, 2012, the Planning Commission approved Revision 'B' to Conditional Use Permit 84-209 (PLN-11-00290), to expand the hours of operation for the restaurant to include breakfast and to allow non-amplified music in the outdoor eating area; and, D. On July 31, 2013, the applicant (Jose Murguia) submitted the request for a Site Plan Review and Revision 'C' to Conditional Use Permit No. 84-209 (PLN-13-00169) requesting to construct a 2,168 s.f. addition to the existing restaurant and to modify the approved hours of operation. After a careful review of the request, staff deemed the application complete on August 21, 2013; and, E. On September 5, 2013, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, F. The Planning Commission held duly noticed public hearings on September 18, 2013 and October 2, 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 Resolution No. 13-2848 Downey Planning Commission 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). The subject site has a General Plan Land Use Designation of Mixed Use and is within the Downtown Downey Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific Plan to encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life. By allowing the modifications to the CUP and the accompanying Site Plan Review, the proposed additions will bring the building closer to the street and public sidewalk. One of the tools used to create pedestrian oriented development is to create zero street setback lines, which creates a more comfortable pedestrian experience. Furthermore, the full service restaurant and bar will provide an amenity to encourage future mixed use development within the Downtown. As such, the business will be operated in a manner that is conducive to pedestrian traffic and will serve people who live and work in the area, which will create a more vibrant street life along Paramount Blvd and Third Street. 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 in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as the restaurant already has approvals to operate with alcohol sales and live entertainment, the modified conditions of approval will not affect surrounding properties. The proposed additions will reduce noise impacts created by the outdoor dining area on the adjoining properties. Furthermore, the additional hours two days a week is consistent with other businesses in the area, and will have little impact on the growth and development of those properties. 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 35,000 square foot parcel that is currently developed with the restaurant. Even with the proposed additions, the site will continue to meet all of the development standards set forth in the Downtown Downey Specific Plan. This includes setbacks, building height, floor area ratio, parking, onsite circulation, and landscaping. Inasmuch as no variance or deviation is being requested, the full development of the use can be obtained without being a detriment to others. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Vehicle access to the subject site is from Third Street. the proposal has been reviewed and is not anticipated any increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the existing traffic generated by the business. 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 Mixed Use and is within the Downtown Downey Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific Plan to encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and CUP and SPR(PLN-13-000169)—11010 Paramount Blvd October 2,2013-Page 2 Resolution No. 13-2848 Downey Planning Commission vibrant street life. By allowing the proposed additions will bring the building closer to the street and public sidewalk. One of the tools used to create pedestrian oriented development is to create zero street setback lines, which creates a more comfortable pedestrian experience. Furthermore, the full service restaurant and bar will provide an amenity to encourage future mixed use development within the Downtown. As such, the business will operate in a manner that is conducive to pedestrian traffic and will serve people who live and work in the area, which will create a more vibrant street life along Paramount Blvd and Third Street. 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 Downtown Downey Specific Plan, 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 the further intent of the specific plan to encourage pedestrian friendly streets and developments. The proposed project meets all of these goals by providing a restaurant that has been designed in a manner that will enhance the streetscape and provide food service to those who live, work, and travel through the area. Furthermore, by bringing the additions closer to the street, it creates a pedestrian friendly atmosphere. 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 proposed additions will match the existing buildings architecture. Furthermore, the additions are being located in a manner that will not impact onsite vehicle circulation or pedestrian safety. Because the proposal will bring the building closer to the street, it is consistent with the intent of the Downtown Downey Specific Plan, by providing a pedestrian friendly environment. This improvement will contribute to enhancing the character of the area. As such, the proposal will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood. 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 existing site has adequate circulation, parking, and landscaping. The proposed additions will not impact or otherwise reduce these amenities. Since the additions will match the existing building architecture and will not encroach into the parking lot, that proper consideration has been given to both the functional aspects of the site development. 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 existing building has a Spanish architectural style, with the use of smooth stucco, tile roof, and arched widows. The proposed additions will match the existing building's architecture; as such will maintain the status quo with regards to architecture in the area. The 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. CUP and SPR(PLN-13-000169)—11010 Paramount Blvd October 2,2013-Page 3 Resolution No. 13-2848 Downey Planning Commission 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 primary issue of concern with this restaurant has been noise generated from the outdoor dining area. This proposal will enclose a substantial portion of this area, thus addressing the concerns of the neighbors. The proposed addition will continue to maintain the aesthetically pleasing characteristics of the site landscaping and architecture. Based on this, the project will upgrade the property and promote the public health, safety, and welfare of those who work or reside in the area 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. 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 Site Plan Review and Revision 'C' to Conditional Use Permit No. 84-209 (PLN-13-00169), 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. SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day ofzo cto•er, 2013. Louis M. ales,' 'airman City PI..nning 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 2nd day of October, 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None / Mary C-vanagh, Secreta 4 City Planning Commission j CUP and SPR(PLN-13-000169)—11010 Paramount Blvd October 2,2013-Page 4 Resolution No. 13-2848 Downey Planning Commission SITE PLAN REVIEW AND IL REVISION 'C' TO CONDITIONAL USE PERMIT NO. 84-209 (PLN-13-00169) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review and Revision 'C' to Conditional Use Permit No. 84-209 (PLN-13-00169) hereby permits a 2,168 square foot addition to an existing 6,656 square foot restaurant that operates with an ABC Type 47 (On-Sale General, Eating Place) license and live entertainment. 2) Unless modified herein, all conditions of approval set forth in Planning Commission Resolution No. 12-2753 shall remain in effect and full force. 3) Approval of this Site Plan Review and Revision 'C' to Conditional Use Permit No. 84-209 (PLN-13-00169) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 4) The 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. 5) 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. 6) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 7) The proposed additions, including architecture, size, and location shall be as approved by the Planning Commission. 8) 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. 9) The approved hours of operation shall be from 7:00 a.m. until 2:00 a.m. the following morning. CUP and SPR(PLN-13-000169)—11010 Paramount Blvd October 2,2013-Page 5 Resolution No. 13-2848 Downey Planning Commission 10) Windows shall be clear glass. There shall be no tint, smoking, or other method used to darken the glass. This condition shall not be meant to prohibit the use of window shades, which are mounted to the interior of the building. BUILDING 11) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 12) 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 13) Plans to be submitted through Building and Safety and shall comply with the most recent version or the California Fire Code, as adopted by the City of Downey ; current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. PUBLIC WORKS 14) All onsite utilities shall be installed underground. 15) The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 16) 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. Furthermore, the owner/applicant shall provide a design that conveys all onsite drainage over a vegetative swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite using either surface detention basins or below grade facilities with flow in excess of the first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles County Public Works storm drain 17) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. CUP and SPR(PLN-13-000169)—11010 Paramount Blvd October 2,2013-Page 6