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HomeMy WebLinkAboutPC Reso 11-2699RESOLUTION NO. 11-2699 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -10-08155), THEREBY ALLOWING THE OPERATION OF A MARKET AND DELI WITH AN ABC TYPE 20 (OFF SALE, BEER AND WINE) LICENSE ON PROPERTY LOCATED AT 10846 DOWNEY AVENUE, 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. December 13, 2010, the applicant submitted a Conditional Use Permit (PLN -10- 08155) application, requesting to reopen market (previously known as Hi Ho Market) and deli with an ABC Type 20 (off sale, beer and wine) license. After review of the application, staff deemed the application incomplete; and, B. On January 27, 2011, the applicant submitted the remaining requested information to staff. On February 7, 2011, the Conditional Use Permit application was deemed complete; and, C. On January 17, 2011, notice of the pending application published in the Downey Patriot, Furthermore, the notice was mailed to all property owners within 500' of the subject site on January 18, 2011. D. The Planning Commission held a duly noticed public hearing on March 2, 2011 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution, subject to conditions of approval (Exhibit A). 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: The requested Conditional Use Permit will not adversely affect the purpose and intent of this chapter 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 is located within the Downtown Downey Specific Plan and has a General Plan Land Use Designation of Mixed Use. It is the intent and purpose of both the Specific Plan and the Land Use Designation to develop a unique pedestrian oriented shopping, working, dining, and living experience. The proposed market is consistent with this vision since it will provide a location that people who live and work in the area can walk to purchase dry goods, alcohol, or a fresh sandwich and/or salad. Furthermore, the sale of alcohol from the site provides a public convenience since there is no other location in the immediate area to walk to purchase alcoholic beverages. 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 proposed use will occupy an existing tenant space Resolution No. 11-2699 Downey Planning Commission (no additions to the building are being proposed), this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, several conditions of approval are being imposed to prevent the use from being a burden onto others. These conditions are necessary to avoid any adverse affects on the adjoining 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 proposed use will be contained within an existing tenant space and does not require an expansion of the building. 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 Downey Avenue and La Villa Street. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business. It is staffs opinion 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. Furthermore, the previous use of the site was a market, of which the operation did not impact surrounding streets. 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 the Conditional Use Permit (PLN -10-08155), 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. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of March, 2011. Robert Kiefer, 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 2nd day of March, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Garcia, Morales, Murray, Lujan, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -10-08155) — 10846 Downey Avenue March 2, 2011 - Page 2 Resolution No. 11-2699 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -10-08155) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN -10-08155) permits a market with a deli to operate with an ABC Type 20 (off sale, beer and wine) license. This approval also allows the customer to have a small dining area (not to exceed 100 s.f.) within the business and up to five (5) tables with chairs on the sidewalk adjacent to the north side f the business. The sale of distilled spirits is strictly prohibited. 2) Approval of this Conditional Use Permit 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 conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) The applicant shall obtain all required approvals and permits for the State of California Department of Alcoholic Beverage Control. 6) The business shall be permitted to operate 6:00 a.m. until 10:00 p.m., seven (7) days a week. 7) All signs shall comply with the requirements set forth in the Downey Municipal Code. 8) Windows shall be kept free and clear, except for permitted signs, such that the entire business is visible from the exterior of the space. 9) The sale of alcohol for on-site consumption shall be prohibited. 10) The applicant shall post prominent, permanent, and clearly visible sign that states "No open alcoholic beverage containers are allowed on these premises." 11) Prior to the commencement of business, the applicant shall remove the plywood from the front of the windows on the north side of the building and replace them with clear glass. The applicant may place a solid material in front of the windows, provided all portions of the north fagade that are above 30" from the highest adjacent grade remain clear glass. This condition shall not prevent the applicant from providing a privacy screen for the interior dining area. 12) Any security gate provided shall be on the interior of the business and shall comply with Section 3.6.11.D of the Downtown Downy Specific Plan. 13) Prior to the commencement of business, all store front framing, including the entrance doors, for the business shall be painted or replaced to be a single color. Conditional Use Permit (PLN -10-08155) — 10846 Downey Avenue March 2, 2011 - Page 3 Resolution No. 11-2699 Downey Planning Commission 14) The applicant shall prominent and permanent sign that is clearly visible to the outdoor tables that states "Tables and chairs are for customers only. No loitering is allowed on or in front of these premises." 15) Prior to the commencement of business, all glass that is scratched with graffiti shall be replaced. All glass shall have an anti -graffiti placed on it. 16) Any graffiti placed on the exterior of the business shall be removed within 48 hours of placement. 17) The applicant shall obtain approval from the City Planner and all required permits prior to conducting any modification to the exterior of the building. 18) Prior to the commencement of business, the applicant shall replace the ground cover in the planter bed adjacent to the parking lot on the north side of the building. The applicant shall use bergenia crassifolia (Winter Blooming Bergenia) or other similar ground cover approved by the City Planner. 19) A copy of the Conditional Use 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. BUILDING 20) Any construction shall comply with the 2010 California Building Code 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 22) Any construction shall comply with the 2007 California Fire Code. PUBLIC WORKS 23) The applicant shall install all new utilities associated with this project underground 24) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub -standard curb, gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage, shall be replaced to the satisfaction of the Public Works Department. Please contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified on the plans just prior to applying for a Building Permit. The owner/ applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 25) Any construction activity 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 Conditional Use Permit (PLN -10-08155) — 10846 Downey Avenue March 2, 2011 - Page 4 Resolution No. 11-2699 Downey Planning Commission 14) The applicant shall prominent and permanent sign that is clearly visible to the outdoor tables that states "Tables and chairs are for customers only. No loitering is allowed on or in front of these premises." 15) Prior to the commencement of business, all glass that is scratched with graffiti shall be replaced. All glass shall have an anti -graffiti placed on it. 16) Any graffiti placed on the exterior of the business shall be removed within 48 hours of placement. 17) The applicant shall obtain approval from the City Planner and all required permits prior to conducting any modification to the exterior of the building. 18) Prior to the commencement of business, the applicant shall replace the ground cover in the planter bed adjacent to the parking lot on the north side of the building. The applicant shall use bergenia crassifolia (Winter Blooming Bergenia) or other similar ground cover approved by the City Planner. 19) A copy of the Conditional Use 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. BUILDING 20) Any construction shall comply with the 2010 California Building Code 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 22) Any construction shall comply with the 2007 California Fire Code. PUBLIC WORKS 23) The applicant shall install any new utilities associated with this project underground 24) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub -standard curb, gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage, shall be replaced to the satisfaction of the Public Works Department. Please contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified on the plans just prior to applying for a Building Permit. The owner/ applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 25) Any construction activity 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 Conditional Use Permit (PLN -10-08155) — 10846 Downey Avenue March 2, 2011 - Page 4 Resolution No. 11-2699 Downey Planning Commission State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 26) Prior to final of building permits, the applicant shall remove all construction graffiti created as part of this project from the public right of way and on the subject site. H:\PLANNING\RESOS\PC\2011\1 1-2699.doc Conditional Use Permit (PLN -10-08155) —10846 Downey Avenue March 2, 2011 - Page 5 RESOLUTION NO. 11-2698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING CONDITIONAL USE PERMIT 09-03, FOR A 1,532 SQ. FT. MASSAGE THERAPY ESTABLISHMENT WITHIN AN EXISTING MULTI - TENANT BUILDING AT 11416 OLD RIVER SCHOOL ROAD, ZONED C-2 (GENERAL COMMERCIAL). 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 January 27, 2009, the Applicant submitted a Conditional Use Permit application, requesting to operate a massage therapy establishment in a vacant tenant space at 11416 Old River School Road. Due to missing information on the project plans, the application was deemed incomplete on February 27, 2009; and, B. On November 2, 2010, the applicant submitted the remaining information required for the applications. Accordingly, staff deemed the Conditional Use Permit application complete on December 1, 2010; and, C. On December 2, 2010, notice of pending application was published in the Downey Patriot and mailed to all property owners within 500' of the subject site on December 3, 2010, and, D. The Conditional Use Permit was originally scheduled for a public hearing on December 15, 2010; however, due to lack of quorum, it was continued to January 5, 2011, without accepting public testimony. E. The Planning Commission held duly noticed public hearings on January 5, 2011, January 19, 2011, and February 2, 2011. At the conclusion of the February 2, 2011 public hearing, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, the Planning Commission adopted a motion to deny the Applicant's request and directed staff to return with a resolution of denial based on the facts and findings discussed during the public hearings; and, F. On March 2, 2011, the Planning Commission adopted this resolution, thereby affirming their denial of the application and all facts and findings made herein. 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: The requested conditional use permit will adversely affect the purpose and intent of this chapter 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, which is implemented by the C-2 (General Commercial) zone. Immediately to the east of the subject site, the properties Resolution No. 11-2698 Downey Planning Commission have a General Plan Land Use Designation of Low Density Residential and are zoned R-1 5,000 (Single Family Residential). Both the General Plan and Zoning Code respectively list the intent of the General Commercial Land Use Designation and the C-2 zone as an area to provide for goods and services to the entire City (as compared with the immediate neighborhood) while avoiding impacts to adjoining non-commercial developments. This is typically accomplished by the large lots within the C-2 zone and a required 46' building setback from setback adjacent R-1 property. In this case, however, the proposed use is located on a portion of the lot that is within 15' of the residential properties, which as a result are not afforded the protection of the large setback that would typically be required. To exacerbate this matter further, massage establishments have been linked to criminal activity (such as prostitution), which can be confirmed by the fact that the City of Downey Police Department has conducted undercover investigations of massage establishments (including chiropractors offering massage) over the past year, which resulted in several arrests for prostitution. General Plan Program 5.4.2.6 states: "Promote building and site design during the development review process that does not create nuisance and crime attraction." This can be extended to mean that the potential for a business to become a public nuisance or attract crime should be taken into consideration when deliberating on a conditional use permit. Inasmuch as the operation of massage establishments are linked with, and in fact, have created criminal activity, approval of this conditional use permit would be in direct conflict with the aforementioned General Plan Program. Additionally, General Plan Policy 1.1.1 states: "Maintain a balance of land uses", which is implemented in part by Program 1.1.1.1, which states: "Discourage the over - concentration of a particular land use that will preclude the establishment of other uses needed to serve the community." In the City of Downey, massage is allowed, with limitations, at massage establishments, medical offices (such as chiropractors and acupuncturist), and hair salons. A review of the existing permits issued by the Chief of Police indicates that there are 66 massage technicians operating in the City in 20 businesses. Accordingly, approval of additional massage establishments can preclude the establishment of other uses needed to serve the community. Taking into consideration the potential for the business to foster criminal activity, the close proximity of residential uses, and the proliferation of businesses offering massage in Downey, the Planning Commission hereby finds that approval of the conditional use permit would have an adverse affect the purpose and intent of the Zoning Code, the City's General Plan, and on the public convenience and general welfare of persons residing and working in the immediate neighborhood. 2. The requested use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. As noted in the previous finding, the subject site is within the C-2 zone and the properties to the east are within the R-1 zone. In order to prevent adverse impacts on adjoining R-1 properties, the C-2 zone property is required to provide a 46' setback from the residential property. However, the building on the subject site is non -conforming and only has a 15' setback from the adjacent residential property. Massage businesses are high intensity uses (see discussion in previous finding on criminal activity and proliferation of massage businesses within the City), which create adverse impacts on adjoining properties. Inasmuch as the residential properties to the east of the subject site are not afforded the protection of the large setback and it has been found that massage businesses create Conditional Use Permit No. 09-03 — 11416 Old River School Rd. March 2, 2011 - Page 2 Resolution No. 11-2698 Downey Planning Commission adverse impacts on the adjoining land uses, approval of this conditional use permit will have an adverse affect on the adjoining land uses and the growth and development of the area in which it is proposed to be located. 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 denies Conditional Use Permit No. 09-03. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of March, 2011. Robert Kiefer, 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 2nd day of March, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Murray, Kiefer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Garcia, Lujan ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission H:\PLANNING\RESOS\PC\2011 \11-2698. doc Conditional Use Permit No. 09-03 — 11416 Old River School Rd. March 2, 2011 - Page 3 RESOLUTION NO. 11-2697 A RESOLUTION OF THE CITY OF DOWNEY PLANNING COMMISSION EXPRESSING ITS APPRECIATION AND COMMENDATION TO Terry Lambros FOR HER SERVICES AS A MEMBER OF THE DOWNEY PLANNING COMMISSION, THE CITY PLANNING COMMISSION DOES RESOLVE AS FOLLOWS: WHEREAS, Terry Lambros was appointed to the Planning Commission from District No. 4 on January 19, 2005, and served until January 5, 2011; and WHEREAS, Terry Lambros served in this capacity with dedication giving freely of her time to continue to promote and assist in the orderly development of her community; and WHEREAS, Terry Lambros has continued to support and encourage modern City Planning concepts for the betterment and welfare of our community. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Downey extends its sincere gratitude to Terry Lambros for the service she performed as Planning Commissioner, and the contribution of her experience during her six years of service to the community. AND FINALLY RESOLVES, the Secretary of the Planning Commission be instructed to forward a copy of this Resolution to Terry Lambros and cause this Resolution to be spread upon the Minutes of the Official Records of the Planning Commission of the City of Downey. I, HEREBY CERTIFY the foregoing Resolution was adopted by the City of Downey Planning Commission at a regular meeting thereof held on the 2nd day of February, 2011: AYES: r Robert Kiefer, Chairman, Distri t 2 ichael M`ijrray, Di rict 1 Louis//,r orales, District 3 c� 6 Ernest Garcia, District 4 H46tofoan, District 5 ATTEST: Theresa Donahue, Secretary RESOLUTION NO. 11-2696 A RESOLUTION OF THE CITY OF DOWNEY PLANNING COMMISSION EXPRESSING ITS APPRECIATION AND COMMENDATION TO Fernando Vasquez FOR HIS SERVICES AS A MEMBER OF THE DOWNEY PLANNING COMMISSION, THE CITY PLANNING COMMISSION DOES RESOLVE AS FOLLOWS: WHEREAS, Fernando Vasquez was appointed to the Planning Commission from District No. 5 on January 13, 2009 and served until December 1, 2010; and WHEREAS, Fernando Vasquez served in this capacity with dedication giving freely of his time to continue to promote and assist in the orderly development of his community; and WHEREAS, Fernando Vasquez has continued to support and encourage modern City Planning concepts for the betterment and welfare of our community. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Downey extends its sincere gratitude to Fernando Vasquez for the service he performed as Planning Commissioner, and the contribution of his experience during his two years of service to the community. AND FINALLY RESOLVES, the Secretary of the Planning Commission be instructed to forward a copy of this Resolution to Fernando Vasquez and cause this Resolution to be spread upon the Minutes of the Official Records of the Planning Commission of the City of Downey. I, HEREBY CERTIFY the foregoing Resolution was adopted by the City of Downey Planning Commission at a regular meeting thereof held on the 5th day of January, 2011: AYES: ra , District 1 X Robert Kiefer, Qistrict 2 is Mo f0es, Chairman, District 3 Terry Lq'mbros, District 4 ATTEST: Theresa Donahue, Secretary RESOLUTION NO. 11-2695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT 09-03, TO ALLOW A 1,532 SQ. FT. MASSAGE THERAPY ESTABLISHMENT (GREEN -DAY SPA) WITHIN AN EXISTING MULTI -TENANT BUILDING AT 11416 OLD RIVER SCHOOL ROAD, ZONED C-2 (GENERAL COMMERCIAL). 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. January 27, 2009 the applicant submitted a Conditional Use Permit application, requesting to operate a massage therapy establishment in a vacant tenant space at the site; and, B. On December 1, 2010, the Conditional Use Permit application was deemed complete; and, C. On December 2, 2010, notice of pending application was published in the Downey Patriot; and, D. On December 3, 2010, notice of the pending application was mailed to all property owners within 500' of the subject site, and, E. The Planning Commission held duly noticed public hearings on January 5, 2011, January 19, 2011 and continued to February 2, 2011, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution, subject to conditions of approval (Exhibit A). At the Planning Commission meeting of February 2, 2011, the Planning Commission adopted a Minute Action directing staff to prepare a Resolution denying the Conditional Use Permit request for massage. Therefore Resolution No. 11-2695 is void, and will be replaced with Resolution No. 11-2698 which will be brought to the Commission on March 2, 2011. Theresa Donahue Planning Commission Secretary H:\PLANNING\RESOS\PC\2011\11-2695 - void.doc RESOLUTION NO.l10 2694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10-08129 (SITE PLAN REVIEW & CONDITIONAL USE PERMIT), A REQUEST TO CONVERT A 7,386 SQUARE FOOT TENANT SPACE WITHIN THE STONEWOOD SHOPPING CENTER INTO A RESTAURANT (BUFFALO WILD WINGS) WITH AN OUTDOOR SEATING AREA AND TO OPERATE THE RESTAURANT WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON -SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 193 STONEWOOD STREET, 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. An application was filed by Cindy Block, (hereinafter "applicant") requesting PLN - 10 -08129 (Site Plan Review & Conditional Use Permit) to permit the conversion of a retail building into a restaurant and the sales of alcoholic beverages, on property at 193 Stonewood Street, zoned SP 89-1 (Stonewood Specific Plan) (hereinafter "subject property") (AIN 6285-031-092); B. On December 22, 2010, notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot; and, C. The Planning Commission held a duly noticed public hearing on January 5, 2011 and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. - 694, subject to conditions of approval (Exhibit A). Gl 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 Site Plan Review, the Planning Commission further finds, determines and declares that: A. That 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. These goals and policies of the Downey General Plan (Vision 2025) are addressed as follows: Goal 8.1 of the Design Element is "Promote quality design for new, expanded and remodeled construction" and Policy 8.1.1 seeks to promote architectural design of the highest quality. The applicant proposes to upgrade the existing site which will result in an attractive, modern restaurant (Buffalo Wild Wings) that will function as its design intended. Goal 9.1 of the General Plan is "Attract and retain businesses". The Stonewood Center and the Downey community have the qualities and characteristics necessary to attract another business to the City. B. 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 subject site II Resolution No. k--2694 Downey Planning Commission is zoned SP 89-1 (Stonewood Specific Plan), which allows the development of a new restaurant (Buffalo Wild Wings), subject to the approval of a Site Plan Review application by the Commission. The proposed project complies with all development standards and is consistent with the purpose of the SP 89-1 zone. The Applicant has adhered to the City's approval process for site plan review, which resulted in the orderly development of the site while maintaining compatibility with the surrounding land uses C. 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. Staff has attached conditions of approval to this Site Plan Review Case to ensure that the proposed development will integrate harmoniously and enhance the character of the surrounding properties by providing a new modern appearance. In addition, the new building will also complement the recently developed BJ's restaurant, which is just west of the subject location at the Stonewood Center. D. That 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 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. The new store front will enhance the site and the view from the public street as it fronts on Firestone Blvd. E. 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 restaurant proposes a contemporary architectural design that differs from other uses nearby, but incorporates design elements and building materials (entry tower design, stucco, and stone accents) found on a nearby building (BJ's restaurant). Staff has incorporated conditions of approval for this Site Plan Review Case to ensure that the proposed building will blend harmoniously with the architectural design of the Stonewood Center. F. 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. This proposal will improve property values in the vicinity and improve the streetscape of Firestone Blvd. The proposed restaurant is a modern structure that complies with the current Building Code and Fire Code regulations for structural integrity and fire safety. G. 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. Section 4960 allows the City to consider imposing conditions reasonably related to the mitigation of the impacts of graffiti. Therefore, the "conditions of approval" for Site Plan Review will include a condition stating that design features will incorporate graffiti - resistant materials. Site Plan Review— 193 Stonewood St January 5, 2011 - Page 2 it Resolution No -2694 Downey Planning Commission 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: A. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The requested conditional use permit for a 681 square foot outdoor seating/patio area and the sale of alcoholic beverages at the subject site will not adversely affect the purpose and intent of the General Plan or general welfare of persons residing or working in the area because the proposed restaurant for which this conditional use permit is intended, is allowed by right in the Stonewood Specific Plan (SP 89-1) and is permitted by this property's General Plan designation of General Commercial. In addition, the proposed restaurant is conveniently located for persons residing and working in the vicinity of the shopping mall. Finally, the addition of a new restaurant at the subject site will create additional jobs at Stonewood Center. B. That 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 proposed use does not adversely affect the adjoining land uses since it conforms to the Stonewood Specific Plan (SP 89-1) and is permitted by this property's General Plan designation of General Commercial. In addition, surrounding properties are currently developed with similar commercial uses and the location of the proposed restaurant is at a commercial shopping mall. C. That the size and shape of the subject property 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 size and shape of the subject property is adequate to allow the development of the proposed restaurant in a manner not detrimental to the area because said restaurant will not add floor area to the existing shopping mall. In addition, the size and shape of the site have been approved through the Stonewood Specific Plan (SP 89-1) and have not changed since its adoption. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Firestone Boulevard serves the project site. It is classified as a Major Arterial Highway on the City's Master Plan of Streets and Highways. Firestone Boulevard contains three lanes in each direction. It would be able to absorb any additional traffic the requested use may create. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area due to the size of the project which is replacing an existing service use, and the commercial nature of the proposed use at an existing shopping center. 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 PLN -10-08129 (Site Plan Review & Conditional Use Permit), 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. Site Plan Review— 193 Stonewood St January 5, 2011 - Page 3 rl Resolution No.,4-2694 Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of January 2011. ouis Morale , Chairman City Planni Commission HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted b� the Planning Commission of the City of Downey at a regular meeting thereof, held on the 5t day of January 2011, by the following vote, to wit: AYES: COMMISSIONERS: Murray, Kiefer, Lambros, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Site Plan Review —193 Stonewood St January 5, 2011 -Page 4 G/' Resolution No. 10-2694 Downey Planning Commission PLN -10-08129 (SITE PLAN REVIEW & CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The Downey Planning Commission grants this approval of Site Plan Review for the exterior modifications (including architectural design, exterior building colors and materials) of a 7,386 square foot restaurant (Buffalo Wild Wings) at 193 Stonewood St. in Downey, as shown on the approved site plan. Deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval of the Downey Planning Commission. 2) The Downey Planning Commission's approval of a conditional use permit allows the outdoor seating/patio area and a Department of Alcoholic Beverage Control Type 47 (on - sale general - eating place) license at the subject property. 3) The owner/applicant shall obtain all approvals and permits from the City of Downey for the installation of outdoor signage. Note that all signs shall comply with the requirements set forth in the Downey Municipal Code. 4) Approval of PLN -10-08129 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. 5) The Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 6) All developments in excess of $500,000 valuation that involve the construction or reconstruction of light industrial, commercial or residential buildings (over 4 units) shall be subject to the Public Arts Program. The Applicant shall either install public art on their property or pay a cash payment equal to the public arts fee in accordance with the City of Downey Manual for Arts in Public Places. 7) If City approval is contingent upon any changes to the plans as submitted, the Applicant shall submit three copies of the revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the submittal of plan check. 8) PLN -10-08129 shall become null and void one (1) year after the adoption of this resolution, unless the construction or occupancy authorized by such Site Plan Review and Conditional Use Permit have been commenced within one year after the granting of such approval and pursued diligently to completion. 9) All conditions of approval of PLN -10-08129 shall be complied with before the Site Plan Review and Conditional Use Permit become valid. 10) The applicant shall incorporate anti -graffiti elements into the building design, such as non -porous coatings on exterior wall surfaces, plant materials, and anti -graffiti film on windows, subject to the approval of the City Planner. Site Plan Review — 193 Stonewood St January 5, 2011 - Page 5 II' Resolution No.Aq 94 Downey Planning Commission 11) Building plans shall include/incorporate graffiti resistant paint and materials on all exterior finishes, including block walls and trash enclosure. 121 All roof -mounted mechanical equipment shall be screened from view. The working drawings shall include a cross-section detail to illustrate that the height of the building parapet is sufficient to screen all roof -mounted equipment from the view of adjoining streets and neighboring properties. 13) Railing for the outdoor seating/patio area and any area that may provide for ADA (American with Disabilities Act) required ramps, curb changes, etc., shall be redesigned so as to provide for patron protection from vehicular traffic (i.e. protective posts having a minimum distance of six feet on center, ballards, planters, etc.). 14) The permitted hours of operation of the restaurant are 7 days a week, 9:00 a.m. through 2:00 a.m. the next day. 15) The sales of alcoholic beverages shall stop at 1:00 a.m., which is one (1) hour before closing time at 2 a.m. the next morning. This allows customers to finish with their meals and drinks and out of the building by closing time. 16) There shall be no cover charge for the admission to the business. 17) Customers shall not be within the business after the specified closing time. 18) 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. 19) The sale of alcohol shall be incidental to the sale of food within the dining area. 20) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 21) 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. 22) The owner/applicant shall preserve all existing mature trees on the subject site. Also, all new plants (i.e. shrubs) shall be a minimum of five (5) gallon in size. 23) New railings at the outdoor dining/patio area shall be powder -coated. 24) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for PLN - 10 -08129, into the approved set of building plans. BUILDING 25) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 26) 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. Site Plan Review —193 Stonewood St January 5, 2011 -Page 6 it - Resolution No. 10-2694 Downey Planning Commission PUBLIC WORKS/ENGINEERING 27) The applicant shall install all new utilities associated with this project underground. 28) 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. 29) Prior to the issuance of demolition permits, the applicant shall complete a Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of the Downey Municipal Code. 30) The owner/applicant shall provide additional permit approvals from LA County DHS and LA County Sanitation District for installation of grease interceptor and sewer connection. 31) The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 32) The owner/applicant shall provide on the plans the location of trash enclosure (with roof cover) and potable water hook up and sewer connection. PUBLIC WORKS/UTILITIES 33) The owner/applicant shall provide that the standards of improvements, construction materials, and method of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey's Standard Plans and Specs. 34) If applicable, the owner/applicant shall furnish and install a new (min. 2 -inch) dedicated potable water service line, meter, and meter box. 35) The owner/applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 36) If applicable, the owner/applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements. 37) If applicable, the owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. 38) If applicable, the owner/applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including back flow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include removal and/or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities to current Downey standards and materials. Backflow devices, fire department connections, and Site Plan Review -193 Stonewood St January 5, 2011 -Page 7 I I' Resolution No. 1t1-2694 Downey Planning Commission associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. 39) The owner/applicant shall provide and record utility easement(s) for access to, and inspection and maintenance of, public water lines, meters and appurtenances, and backflow devices. 40) If applicable, the owner/applicant shall furnish and install sanitary sewer lateral(s) and associated facilities within the public right of way in accordance with the requirements of the Department of Public Works. 41) The owner/applicant shall identify the point(s) of connection for the sanitary sewer lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in conformance with the requirements of the Department of Public Works and the County Sanitation District of Los Angeles County (CSDLAC). 42) If applicable, the owner/applicant shall furnish and install the public sanitary sewer improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate capacity for the site as approved by the Department of Public Works and CSDLAC. 43) The owner/applicant is responsible for the coordinating with and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges. 44) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (AutoCad — latest edition) files in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California. Final approval of new utilities shall be dependent upon submittal and approval of record drawing mylars and digital (AutoCad) files. 45) Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the building permit. FIRE 46) Plans to be submitted through Building and Safety and shall comply with 2007 California Fire Code, 2007 California Building Code, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 47) The applicant/owner shall install a Knox® Rapid Entry System for the new building. 48) The applicant/owner shall install an approved Automatic Fire Extinguishing System throughout. HAPLANNING\RES0S\PM2011\1 1-2694.doc Site Plan Review -193 Stonewood St January 5, 2011 - Page 8