HomeMy WebLinkAboutPC Resolution 17-3021RESOLUTION NO. 17-3021
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT,
AND REVISION TO A PLANNED SIGN PROGRAM (PLN -17-00021),
THEREBY APPROVING A REQUEST TO OPERATE A RESTAURANT WITH
AN ABC TYPE 47 LICENSE AND LIVE ENTERTAINMENT, MODIFICATIONS
TO THE BUILDING FACADES, AND REVISING THE PERMITTED SIGNS ON
PROPERTY LOCATED 467 STONEWOOD ST, 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. On February 6, 2017, the applicant submitted a request to establish the restaurant at the
subject site. After a thorough review of the request, staff deemed this application
incomplete on March 6, 2017, due to missing information on the project plans; and,
B. On April 7, 2017, the applicant submitted the remaining information needed to complete
the application. Accordingly, staff deemed the application complete on April 12, 2017;
and,
C. On April 20, 2017, notice of the pending application published in the Downey Patriot and
mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on May 3, 2017, 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 project 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:
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 is zoned Stonewood
Specific Plan (SP 89-1). The intent of the land use designation and zoning to provide
commercial and service uses in the City that serves the broadest community and
regional needs. Furthermore, General Plan Policy 1.1.4 states "Provide an appropriate
amount of land area for people to acquire goods and services. " The proposed
restaurant will meet these needs by providing an additional eating establishment for
those who live and work in the area. This restaurant will be complementary to the other
retail/commercial uses that are located in the vicinity of the project site. It is also a policy
of the General Plan (Policy 8.2.2) to "Promote the upgrading of properties." The
Resolution No. 17-3021
Downey Planning Commission
proposed improvements achieve this goal of this policy since it will enhance the
aesthetic quality of the existing mall. For these reasons, the approval of this 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. In this
case, the zoning is implemented through the Stonewood Specific Plan (SP 89-1), which
regulates how the mall is developed and utilized. The fagade modifications will help
activate the eastern side of the mall, which is one of the objectives of the zoning. The
restaurant is not only complimentary use with other mall tenants, but it provide additional
foot traffic and customer base to support said tenants. Furthermore, the proposed
project does not alter the existing setbacks, parking lots, or circulation. The proposed
fagade improvements not only comply with the development standards within the zoning
district, but also can be achieved while avoiding impacts to other uses in 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 proposed
restaurant will occupy an existing tenant space and will not alter existing setbacks,
parking lots, or circulation on the site. Notwithstanding this, the applicant is requesting
to modify the existing facades of the building. The proposed materials and colors will
add new texture to the walls, which will integrate harmoniously into the architectural style
of the building. The proposed design will reduce amount of beige on the mall building
and provide an aesthetic enhancement to the immediate neighborhood, and the
surrounding areas of the City.
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 restaurant will occupy an existing tenant space and will not alter existing
setbacks, parking lots, luminaries or circulation of the site. Notwithstanding this, the
project will require removal of thee mature palm trees. To accommodate the loss of
these trees, the applicant has worked with the property owner to plant three new trees
elsewhere on the site. Accordingly, the applicant has considered the functional aspects
of the site development, such as automobile and pedestrian circulation, landscaping,
signs, and the visual effects of the development from the view of the public streets.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The subject site is improved with the Stonewood Center, a regional shopping mall. The
use of multiple architectural styles on large buildings, such as the mall, can provide
architectural relief, while avoiding monotony. The applicant has achieved this goal with
the corrugated metal finish, bold colors, retractable fabric awning over the patio, and
brick veneer wainscot. The proposed architecture will allow the building to avoid
monotony, but still blend pleasantly into the other architecture used throughout the mall.
This project will upgrade the overall appearance of the site and, in turn, improve the
community appearance
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Resolution No. 17-3021
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 proposed restaurant will
occupy an existing tenant space and will not alter existing setbacks, parking lots,
luminaries or circulation of the site. This project will reestablish a restaurant in the
tenant space, which has been vacant for over a year, which in turn is anticipated to
active the eastern side of the mall. Furthermore, the project will eliminate the existing
monotone beige color scheme on the fagade of the tenant space and upgrade it to a new
bold style.
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. 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, the condition of approval require that the applicant have it removed
within 48 hours of application.
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:
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 is zoned Stonewood
Specific Plan (SP 89-1). The intent of the land use designation and zoning to provide
commercial and service uses in the City that serves the broadest community and
regional needs. Furthermore, General Plan Policy 1.1.4 states "Provide an appropriate
amount of land area for people to acquire goods and services." The proposed
restaurant will meet these needs by providing an additional eating establishment for
those who live and work in the area. This restaurant will be complementary to the other
retail/commercial uses that are located in the vicinity of the project site. It is also a policy
of the General Plan (Policy 8.2.2) to "Promote the upgrading of properties." The
proposed improvements achieve this goal of this policy since it will enhance the
aesthetic quality of the existing mall. For these reasons, the approval of this project is
consistent with the goals, policies, programs, and land uses of all applicable elements of
the General Plan.
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 few vacant properties in the immediate area. The
proposed restaurant will occupy an existing tenant space within Stonewood Center,
which is on a 63 -acre site. The restaurant use is complimentary to other mall tenants
and will provide additional foot traffic and customer base to support said tenants. Due to
the size of the site and the large parking lots, sufficient buffer exists to allow operation of
the business without impacting uses on other properties. Accordingly, this restaurant
can operate with the alcohol sales and live entertainment while not adversely affecting
the adjoining land uses and the growth and development of the area
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Resolution No. 17-3021
Downey Planning Commission
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 63 -acre parcel that is improved with the Stonewood
Center, which has over 900,000 square feet of leasable area and a 4,800 -space parking
lot. The proposed use will occupy 8,400 square feet on the southeast side of the
existing mall. Since the tenant space was previously used as a restaurant, the proposed
use will not alter on-site circulation, parking, or pedestrian access to the site.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Access to the subject site is from Lakewood Blvd,
Firestone Blvd, Woodruff Ave, and Cecilia St. The City has reviewed the proposal and any
potential increase in traffic caused by operation of the business. It has been found that the
surrounding streets and highways in the area have sufficient capacity to accommodate the
minimal increase in traffic that might be generated by the business.
SECTION 5. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Planned Sign Program, the Planning Commission further
finds, determines and declares that
The proposed signs are permitted within the zone and comply with all applicable
provisions of the Zoning Code, the General Plan, and any other applicable standards.
Program 8.1.1.8 of the General Plan states, "Promote good quality sign design." The
proposed signs are aesthetically consistent with the building's architecture. This will
enhance the mall's appearance, thus it is consistent with the aforementioned General
Plan program. Furthermore, Section VI(D)(19) of the Stonewood Specific Plan allows
the Planning Commission to approve deviations to the Planned Sign Program.
2. The signs allowed by the Planned Sign Program are in proper proportion to the structure
or site on which it is located. In order to ensure wall signs are in proportion with the
building, the City must analyze the overall sign size, spacing, and any conflicts with
architectural features on the building. The applicant has provided proper spacing
between the signs to avoid a massive appearance of the signs. Furthermore, the signs
are aesthetically consistent with the architecture of all the buildings. Based on this, the
applicant has ensured that the signs allowed by the Planned Sign Program are in
proportion to the building.
3. The proposed sign materials, color, texture, size, shape, height, and placement are
compatible with the design of the structure(s), property, and neighborhood of which it is
a part. The building will have a variety of textures and colors. The signs are
aesthetically consistent with the building design and the signs will add additional
dimension and shape to the building. Additionally, the size each sign are consistent with
the building setbacks and the apparent mass of the tenant space.
4. The sign's illumination is at the lowest reasonable level as determined by the City
Planner, which ensures adequate identification and readability, and is directed solely at
the sign or is internal to it. All signs are internally illuminated, which minimizes any light
or glare being generated from the signs. This design of the lighting for the signs allows a
reasonable illumination of the signs while advoiding unnecessary light and glare. As
such, the lowest reasonable level of illumination is being used for the sign.
467 Stonewood St — PLN -17-00021
May 3, 2017- Page 4
Resolution No. 17-3021
Downey Planning Commission
5. The sign is not detrimental to the public interest, health, safety, or welfare. The signs do
not block pedestrian or vehicle access to the site, nor do they create a potential safety
hazard on the site. Furthermore, the design of the signs will enhance the streetscape in
the area. As such, the proposed sign program will not be detrimental to the public
interest, health, safety, or welfare.
6. The sign is in compliance with Section 9624, Lighting and Design Standards. Section
9624 of the Municipal Code addresses two aspects regarding signs. The first is proper
illumination of signs. Since the signs are internally illuminated, they are in compliance
with Section 9624 of the Municipal Code. The second aspect is to ensure signs are
properly designed to be architecturally compatible with the site. The proposed signs
utilize proper materials and design to make them compatible with the new proposed
architecture of the building.
SECTION 6. Based upon the findings set forth in Sections 1 through 5 of this resolution,
the Planning Commission of the City of Downey hereby approves the Site Plan Review,
Conditional Use Permit, and Planned Sign Program (PLN -17-00021), 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 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3`d day of May, 2017.
Jim Rodriguez, 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 3`d day of May,
2017, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Rodriguez, Owens,
None
None
None
Mary C vanagh, SecrelWry
City Planning Commission
Flores, Dominguez and Duarte
467 Stonewood St — PLN -17-00021
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Resolution No. 17-3021
Downey Planning Commission
SITE PLAN REVIEW, CONDITIONAL USE PERMIT
AND PLANNED SIGN PROGRAM (PLN -17-00021)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review, Conditional Use Permit, and Planned Sign
Program (PLN -17-00021) allows a new restaurant (Rock and Brews) to operate with a
Department of Alcoholic Beverage Control Type 47 (On -Sale General, Eating Place)
license and live entertainment. Additionally, this approval allows the construction of a
new outdoor patio, modifications exterior fagades of the tenant space, and updates to
the signs as listed below.
2) Approval of this Site Plan Review, Conditional Use Permit, and Planned Sign Program
(PLN -17-00021) 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 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.
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) All exterior lights shall be LED and shall be directed, positioned, and/or shielded such
that they do not illuminate surrounding properties and the public right-of-way.
6) The permitted hours of operation shall be 9:00 a.m. to 2:00 a.m., seven (7) days a week.
7) 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.
8) All roof -mounted equipment shall be screened from view as seen from adjoining
properties and the public right-of-way.
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Resolution No. 17-3021
Downey Planning Commission
9) 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
10) The approved architectural style shall be as approved by the Planning Commission. The
finish material, and colors shall be as follows:
Proposed Finished Materials and Colors
Surface
Material
Finish Style
Color _
Fa ade main
Corrugated Metal
Exposed Fastener Multi -Rib
Brite Red
Fa ade (highlight)
Corrugated Metal
Smooth Break
Grey
Patio Walls columns
Stucco
Smooth Finish
Graphite
Patio Walls base
Stucco
Smooth Finish
Deep Rose
Entry Canopy
Metal
N/A
Absolute Black
Patio Awning
Canvas
N/A
Black
Wainscot
Brick Veneer
Coronado Clay Brick Series
Richland
Changes to the facades and/or colors shall be subject to the review and approval of the
City Planner. At his/her discretion, the City Planner may refer changes to the facades
and/or colors to the Planning Commission for consideration.
11) Customers shall not be within the business after the specified closing time
12) Live entertainment shall be limited to live bands only. Bands may be acoustic and/or
amplified. Bands shall be setup within the dining room and shall not play in the outdoor
dining area.
13) The business shall comply with the City of Downey's noise ordinance. In any case,
noise generated from the business shall not exceed 5 dB(a) above the ambient noise
level, as measured from the immediate exterior of the building. This shall not include
noised that is exempt from the City's noise ordinance. Upon receiving noise complaints,
the Director of Community Development may order a noise study to determine the
business's compliance with this condition. The cost of the noise study shall be paid by
the applicant.
14) 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.
15) Any graffiti applied to the site shall be removed within 48 hours.
16) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
17) Prior to the final of building permits, all landscaping and irrigation shall be installed. This
shall include replacement of the three palm trees. The type, size and number of
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Resolution No. 17-3021
Downey Planning Commission
landscaping shall be as noted on the approved landscape plan. All landscape shall be
installed and permanently maintained.
18) Any bollards added to the site shall be decorative in nature and shall be approved by the
City Planner.
19) Signs shall be installed as approved by the Planning Commission. Signs shall be limited
to:
Type
Description
Size
Number
Total Size
Wall Sin
Rock & Brews w/ Guitar
149.17 s.f.
2
298.34 s.f.
Roof Sin
Rock & Brews
140 s.f.
1
140 s.f.
Canopy
Restaurant
5.91 s.f.
2
11.82 s.f.
Wall Sin
Music Logos
Various
7
30.06 s.f.
Menu Board
Menu Boards
10 s.f
3
30 s.f.
Total:
510.22 s.f.
BUILDING
20) 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.
21) 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
22) 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.
23) A fire sprinkler system and a fire alarm system shall be installed for a Group A —
Assembly occupancy. 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.
24) All fire lanes adjacent to the tenant space 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.
25) The applicant shall relocate the two PIVs for Zone 12 of the mall, which are currently
located inside the proposed kids play area.
26) A UL -300 cooking hood fire suppression system shall be provided.
27) All refrigerated gases (e.g. CO2, N2) shall meet requirements of CFC and NFPA 55 and
be provided with leak detection appliances and approved warning systems.
28) The handling of refrigerated gases in excess of 1000 scf shall require electronic
submittal of hazmat business plan to CERS.
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Resolution No. 17-3021
Downey Planning Commission
29) The applicant shall provide approved Knox Box for the location;
PUBLIC WORKS
30) All new onsite utilities shall be installed underground.
31) The business shall utilize the existing trash enclosures provided by the mall.
32) 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.
33) 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.
34) The owner/applicant shall provide that all construction graffiti created as part of this
project to be removed.
35) Obtain permits from the Public Works Department for all improvements within the public
right of way at least two weeks prior to commencing work. Contact Ed Estrella,
Assistant Civil Engineer II, at (562) 904-7110 for information.
36) Submit public improvement plan(s) for review and approval by Public Works
Department.
37) The owner/applicant shall retrofit one existing fire hydrant in accordance to latest Fire
Department and Department of Public Works standards including but not limited to
furnishing and installation of a new riser, fire hydrant head, and associated fittings.
38) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances as required.
39) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
County Department of Public Health. Backflow devices shall be located on private
property, readily accessible for emergency and inspection purposes, and screened from
view by providing sufficient landscaping.
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Resolution No. 17-3021
Downey Planning Commission
40) Backflow devices shall be certified in the field by a licensed LA County Department of
Public Health certified tester prior to placing into service and such certification provided
to City.
POLICE
41) Payment for alcoholic beverage services shall be made only after such services have
been provided to the patrons by the business.
42) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Clothing that immediately identified the wearer as a member or associate of a
criminal street gang, tagging crew, or outlaw motorcycle gang. Such attire may include:
baggy pants, bandanas, motorcycle vests with club identifiers, etc.
43) 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.
44) 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.
45) Prior to the commencement of operations, the applicant shall submit and obtain approval
of a security plan to the Chief of Police. The number of security guards at the location
shall be at the discretion of the Chief of Police.
46) 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).
47) Pay per view sporting events shall not be shown on the televisions in the outdoor patio.
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