HomeMy WebLinkAboutPC Reso 10-2625RESOLUTION NO. 10-2625
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SITE PLAN REVIEW NO. 09-82 FOR APPROVAL OF THE
ARCHITECTURE, COLORS, AND EXTERIOR MATERIALS FOR THE CONVERSION
OF A 1,450 SQ. FT. RETAIL BUILDING INTO A RESTAURANT (EUROFRESH
SALADS & MORE) AT 11126 DOWNEY AVENUE, ZONED C-3, D -P (CENTRAL
BUSINESS DISTRICT, DOWNTOWN 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. An application was filed by Mr. Mauricio Durazo, (hereinafter "applicant")
requesting Site Plan Review No. 09-82 for the architecture, colors, and exterior
materials for the conversion of a 1,450 sq. ft. retail building into a restaurant
(Eurofresh salads & more) at 11126 Downey Avenue, zoned C-3, D -P (Central
Business District, Downtown Plan).
B. The property is zoned C-3, D -P (Central Business District, Downtown Plan)
(hereinafter "subject property") (Assessor Identification No. 6254-020-025);
D. On January 22, 2010, notice of the pending public hearing was sent to all
property owners within 500' of the subject site and on January 23, 2010 the notice
was published in the Long Beach Press Telegram; and
E. The Planning Commission held a duly noticed public hearing on February 3, 2010
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 10-2625,
approving Site Plan Review No. 09-82.
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, the Planning Commission further finds, determines and declares that:
1. 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 proposed site plan is consistent with Goal 1.1 of the Vision 2025
General Plan that states the City should "Provide sufficient land areas for uses
that serve the needs of residents, visitors, and businesses", Program 1.3.1.5 to
"Encourage land uses consistent with the area's designation as properties
recycle" and Program 9.3.1.1 encouraging land uses that generate property tax
and sales tax revenue. Site Plan Review No. 09-82 proposes a restaurant and
outdoor dining area that meets these goals as well as the intent of the Downtown
Plan. The Downtown Plan seeks to provide interesting and entertaining elements
for the downtown area that draw people to shop and eat.
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. The
Resolution No. 10-2625
Downey Planning Commission
proposed project does not meet all applicable development standards of the C-3,
D -P (Central Business District, Downtown Plan) given that it is taking place within
-- an existing non-cuniurming building and property. However, said project will
renew the architectural style, colors and materials of one (1) of two (2) tenant
spaces at said building and will thus assist in the revitalization of the Downtown
area. Below is a table of the required and proposed development standards:
RequiredProposed
f
Lot Dimensions
Lot Area
12,000 sq. ft. for newly
3,553.5 sq. ft. (existing)
subdivided properties
Lot Coverage
80%
84% (2,976.22 sq.ft. of
building)
Width
100 ft.
34.50 ft.
Depth
100 ft.
103 ft.
Setbacks
Front 0 ft. 0 ft.
Interior
0 ft.
0 ft.
(Abutting Commercial)
Rear
0 ft.
0 ft.
(Abutting Commercia!)
Parking
Parking Spaces
Restaurant (indoor dining) —
1 space on-site
1 space:200 sq. ft. (1,450 sq.
ft. — 7.25 spaces)
9 spaces off-site (Parking
Restaurant (outdoor dining) —
waiver approved per City
1 space:300 sq. ft. (681 sq. ft.
Council Resolution No. 09-
- 2.27 spaces)
7161)
Total Required —10 (9.52)
Total —10 spaces
spaces
Landscape
Landscape
5% of the area devoted to off-
0 sq. ft.
street parking
Total Required — 20.7 sq. ft.
3. That 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 project's architectural
design and colors integrate harmoniously with the site since the existing site and
SPR 09-82 —11126 Downey Avenue
February 3, 2010 - Page 2
Resolution No. 10-2625
Downey Planning Commission
neighboring properties are currently developed with commercial uses and are designed
with a similar architecture style and earth -tone colors. The downtown area is being
steadily revitalized with new development and an updated Specific Plan; consequently,
the proposed project will continue this Downtown revitalization effort.
4. That the site plan and location of the building, 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 street. The subject
building and parking area are existing and are not to be altered, thus, the
functionality of the site is limited due to these existing constraints.
5. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The proposed project will improve the community
appearance by maintaining the current design elements of the building, and by
utilizing exterior colors that are consistent with building colors being used for
other buildings in the downtown area. Since the neighboring Downtown BBQ and
Fresh & Easy Neighborhood Market have been renovated in the recent past and
Porto's Bakery & Cafe is currently under construction immediately across from the
subject site, accordingly, the renovation of the subject tenant space will continue
the practice of upgrading commercial buildings in the downtown area.
6. That 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. As mentioned, the immediate neighborhood has recently
been upgraded and thus, the improvements that are proposed will better the
conditions in the vicinity.
7. That 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. A
condition of approval that stipulates the use of graffiti -resistant materials in
accordance to Downey Municipal Code, Article IV, Section 4960, has been
added.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby approves Site Plan Review No. 09-82,
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 5. This Site Plan Review shall become null and void unless use has commenced
within one year of this approval and pursued diligently to completion or a one-year extension of time
granted by the Downey Planning Commission, pursuant to Section 9820 of the Downey Municipal
Code.
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February 3, 2010 - Page 3
Resolution No. 10-2625
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3'd day of Febru ry, 2010.
ell -
Louis Morale
*, Chairman
City Plannirrfg 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
February, 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales
NOES: COMMISSIONERS: None
Theresa Donahue, Secretary
City Planning Commission
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Resolution No. 10-2625
Downey Planning Commission
SITE PLAN REVIEW NO. 09-82
EXHIBIT A — CONDITIONS OF APPROVAL
PLANNING DIVISION
1) This approval is for Site Plan No. 09-82 for the architecture, colors, and exterior materials
for the conversion of a 1,450 sq. ft. retail building into a restaurant (Eurofresh salads &
more), with 618 sq. ft. of outdoor seating, at 11126 Downey avenue, zoned C-3, D -P
(Central Business, District Downtown Plan).
2) Approval of this 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) All signs shall comply with the requirements set forth in the Downey Municipal Code.
5) The owner/applicant shall provide an awning to match the proposed architecture and
colors of the subject site, at the rear exit door of the tenant space to the satisfaction of
the Planning Division.
6) The owner/applicant shall provide decorative, powder coated railing at the front and side
outdoor seating areas, to the satisfaction of the Planning Division.
7) The owner/applicant shall adhere to Downey Municipal Code, Article IV, Section 4960 in
regards to the use of graffiti -resistant materials in this project and other graffiti -related
requirements.
PUBLIC WORKS DEPARTMENT
8) The owner/applicant shall obtain a Public Works Permit and Agreement to encroach onto
the public right of way. No permanent structures shall be allowed within the public alley.
9) The owner/applicant shall install all utilities underground.
10) The owner/applicant shall provide a grease interceptor for the proposed restaurant.
11) The owner/applicant shall provide an on-site trash enclosure with a roof cover.
12) 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.
13) The owner/applicant 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 Water Resources
Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore,
SPR 09-82 — 11126 Downey Avenue
February 3, 2010 - Page 5
Resolution No. 10-2625
Downey Planning Commission
the owner/applicant shall be required to Certify and append Public Works standard to all
construction and grading plans as required by the LACoDPW Stormwater Quality
Management Plan (SQMP).
14) The owner/applicant shall provide that all construction graffiti created as pasrt of this
project in the public right of way to be removed.
15) The owner/applicant shall protect all utility easements and provide that no easements of
any type be granted over any portion of the subdivision to any agency, utility or
organization (private or public), except to the City of Downey.
16) The owner/applicant shall design the door, located at the public alley/side outdoor
seating area, to swing in towards the building instead of the public alley access.
FIRE DEPARTMENT
17) The owner/applicant shall install an Automatic Fire Extinguishing System to protect the
commercial -type cooking equipment. All fire protection systems require a City of Downey
Building and Safety an/or Fire Department permit.
18) The owner/owner/applicant shall provide all necessary fire extinguishers. Travel distance
between extinguishers shall not exceed 75 feet.
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