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HomeMy WebLinkAbout3. PLN-21-00052 251 Stonewood St. CandeelandSTAFF REPORT PLANNING DIVISION DATE: AUGUST 18, 2021 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DEPUTY CITY MANAGER/ COMMUNITY DEVELOPMENT REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER PREPARED BY: ALFONSO HERNANDEZ, SENIOR PLANNER SUBJECT: PLN-21-00052 – A REQUEST TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A KID’S INDOOR PLAY GROUND (CANDEELAND KIDS) LOCATION: 251 STONEWOOD STREET ZONING: SP 89-1 (STONEWOOD SPECIFIC PLAN) REPORT SUMMARY The applicant is requesting a Conditional Use Permit (CUP) to allow the operation of a “Commercial Recreation” facility in a tenant space within the Stonewood Shopping Center. The facility will function as a kid’s gymnasium, under the name “Candeeland Kids”. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT (PLN-21-00052) TO ALLOW THE OPERATION OF A KID’S INDOOR PLAY GYM ON PROPERTY LOCATED AT 251 STONEWOOD STREET, ZONED STONEWOOD SPECIFIC PLAN BACKGROUND The Stonewood Mall occupies 63 acres and is located on the north side of Firestone Boulevard between Lakewood Boulevard and Woodruff Avenue. The subject site is zoned SP 89-1 (Stonewood Specific Plan). The surrounding uses include single-family residential to the north, single-family residential and multiple-family to the east, a Toyota dealership to the south across Firestone Boulevard and commercial retail uses to the west across Lakewood Boulevard. The proposed commercial recreation facility will be located at the Stonewood Shopping Center, and will occupy a 9,446 square foot tenant space. The proposed use is one of two commercial recreation uses to be located within the Stonewood Center. There are a total 112 store front tenant spaces onsite, along with additional kiosks throughout the interior corridor. PC Agenda Page 1 PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 2 On May 19, 2021, the Applicant submitted an application for a Conditional Use Permit to operate a commercial recreation facility at 251 Stonewood St. The application was reviewed and deemed complete on June 18, 2021. On July 22, 2021, the notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site. DISCUSSION The application is a request to operate a 9,446 square foot kid’s indoor play gym within the Stonewood Shopping Center. “Candeeland Kids” primarily caters to children within the age range of two (2) to twelve (12) years old . Located within the space is what is referred to as “soft play’” obstacle courses. Obstacle courses consist of slides, monkey bars, ball pits, nets, and crawling tubes. Children must be accompanied by a parent at all times. Access to the facility is gained by purchasing hourly time play or monthly membership. In addition to soft play equipment, the tenant space will also provide rooms to accommodate private party groups. The company currently operates in various locations throughout the country. The proposed hours of operation for the business are 11:00 a.m. – 8:00 p.m. Monday – Thursday, 10:00 a.m. –9:00 p.m. Friday and Saturday, and 11:00 a.m. – 7:00 p.m. on Sunday. The applicants anticipate up to 120 patrons at any given time. Staff will total 30 at any given time. The site has 4,785 parking spaces located throughout the parcel intended to serve all uses at the mall, including the proposed commercial recreation use . Per the specific plan the proposed use requires a total of 48 parking spaces. The required parking for the Commercial Recreation facility is equal to the previous use of retail at a ratio of 1 parking space per 200 square feet of floor area. Per the Downey Municipal Code (Section 9728), a change of use that would result in an equal parking requirement would not require additional parking spaces to be provided. The spaces currently on site are sufficient for the new proposed use. Lastly, although the Stonewood Shopping Center is adjacent to residential parcels, no impacts are anticipated related to noise levels. This is primarily because the proposed use itself is 550’ (feet) from nearby residential properties, is only accessible from the inside of the mall, and all activities will take place indoors. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters. No department expressed concerns or opposition over the project, and issued standard conditions. Recommended conditions of approval have been included in the attached Resolution. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Conditional Use Permit for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that the Conditional Use Permit is exempt from CEQA pursuant to Section 15301 (Class 1, Existing Facilities), which have been determined not to have a significant effect on the environment, because the proposed use is contained within an existing building and will not result in an expansion of the building. PC Agenda Page 2 PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 3 FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit), the Planning Commission must make the following findings to approve the request: A.The requested conditional use permit will not adversely affect the intent and purpose of Article IX of the Downey Municipal Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The project is consistent with all applicable goals and policies specified in the City’s General Plan, as well as policies stated in the Downey Municipal Code. The project will not cause a nuisance related to public convenience or general welfare to any nearby persons because the proposed use will take place within an enclosed space and no activity will occur at the exterior of the building. The subject site is able to meet the parking demands of the proposed use, thus no parking impacts are expected. The project helps achieve long term goals within the City’s General Plan by providing additional recreational services to the community. The following policies are promoted by the proposed CUP: City Value – To provide excellent housing, educational, employment, and recreational opportunities. Program 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the public. The CUP promotes the above policies by introducing a unique commercial recreation facility within the city, and adds to the amount of recreational options available to residents and mall patrons. B.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 will be compatible with, and intends to compliment, other uses within the Stonewood Shopping Center. Furthermore, similar recreational uses are common in commercial centers and a kid’s gymnasium is not detrimental to the integrity of an exclusively commercial area. Staff does not anticipate adverse impacts as a result of approval specifically because the new use will take place within an existing building. Conditions of approval have been incorporated in an effort to ensure compatibility with existing and future uses, as well as mitigate any potential impacts. C.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 request for the proposed scope of work does not include changes to the buildings square footage, rather changes are limited to the interior of the tenant space. The changes proposed in this application do not warrant a need for additional accommodations to the site. In addition, the project is in full compliance with the Downey Municipal Code, including adequate parking requirements. The proposed work does not create alterations that would restrict future permitted uses from occupying the tenant PC Agenda Page 3 PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 4 space or an existing use located within the nearby area from altering their operations . Therefore, 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. D.The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request is not anticipated to generate significant traffic impacts. All parking needs will be met on site. In addition, Firestone Boulevard and Lakewood Boulevard are designed to accommodate substantially more traffic than what will be generated by this application request. The seven separate driveways also allow different opportunities for ingress/egress of the site, and disperse traffic. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. CORRESPONDENCE As of the date that this report was printed, staff received one email correspondence from a Mr. Joseph Gambrell. The email expresses concerns related to the Novel Coronavirus Pandemic. In particular, Mr. Gambrell is concerned that children are not vaccinated and appropriate thorough sanitation is “impossible” to achieve. The correspondence is included in this report as Exhibit D. Staff has included, as Condition #6 of the attached draft resolution, a requirement for the business to adhere to all rules and regulations mandated by the California Department of Public Health and the Los Angeles County Department of Public Health . Therefore, staff is still able to make a positive finding related to general public welfare. CONCLUSION Based on the analysis contained within this report, staff is concluding that all findings required for approval can be made in a positive manner. Staff recommends that the Planning Commission approve the Conditional Use Permit (PLN-21-00052), thereby allowing a Commercial Recreation use within the Stonewood Specific Plan. EXHIBITS A.Maps B.Draft Resolution C.Submittal Packet D.Correspondence E.Project Plans PC Agenda Page 4 PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 5 EXHIBIT A LOCATION MAP AERIAL PHOTOGRAPH Subject Site PC Agenda Page 5 PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 6 ZONING MAP Subject Site PC Agenda Page 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT (PLN-21-00052) TO ALLOW THE OPERATION OF A KID’S INDOOR PLAY GYM ON PROPERTY LOCATED AT 251 STONEWOOD STREET, ZONED 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 Peter Cho (hereinafter referred to as “the Applicant”) on May 19, 2021, requesting approval of a Conditional Use Permit (PLN-21- 00052) to allow the operation of a kid’s indoor play gym on property located at 251 Stonewood St., zoned SP 89-1 (Stonewood Specific Plan); and, B.The application was deemed complete on June 18, 2021; and, C.On July 22, 2021, notice of the pending public hearing was sent to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, D.On August 4, 2021, the item was continued to a date certain to be heard by the Planning Commission on August 18, 2021; and, E.The Planning Commission held a duly noticed public hearing on August 18, 2021 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities because the proposed use is contained within the existing building and will not result in an expansion of the building. 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: A.The requested conditional use permit will not adversely affect the intent and purpose of Article IX of the Downey Municipal Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The project is consistent with all applicable goals and policies specified in the City’s General Plan, as well as policies stated in the Downey Municipal Code. The project will not cause a nuisance related to public convenience or general welfare to any nearby persons because the proposed use will take place within an enclosed space and no activity will occur at the exterior of the building. The subject site is able to meet the parking demands of the proposed use, thus no parking impacts are expected. The project helps achieve long term goals within the City’s General Plan by providing additional recreational services to the community. The following policies are promoted by the proposed CUP: PC Agenda Page 7 Resolution No. Downey Planning Commission PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 2 City Value – To provide excellent housing, educational, employment, and recreational opportunities. Program 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the public. The CUP promotes the above policies by introducing a unique commercial recreation facility within the city, and adds to the amount of recreational options available to residents and mall patrons. B.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 will be compatible with, and intends to compliment, other uses within the Stonewood Shopping Center. Furthermore, similar recreational uses are common in commercial centers and a kid’s gymnasium is not detrimental to the integrity of an exclusively commercial area. Staff does not anticipate adverse impacts as a result of approval specifically because the new use will take place within an existing building. Conditions of approval have been incorporated in an effort to ensure compatibility with existing and future uses, as well as mitigate any potential impacts. C.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 request for the proposed scope of work does not include changes to the buildings square footage, rather changes are limited to the interior of the tenant space. The changes proposed in this application do not warrant a need for additional accommodations to the site. In addition, the project is in full compliance with the Downey Municipal Code, including adequate parking requirements. The proposed work does not create alterations that would restrict future permitted uses from occupying the tenant space or an existing use located within the nearby area from altering their operations. Therefore, 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. D.The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request is not anticipated to generate significant traffic impacts. All parking needs will be met on site. In addition, Firestone Boulevard and Lakewood Boulevard are designed to accommodate substantially more traffic than what will be generated by this application request. The seven separate driveways also allow different opportunities for ingress/egress of the site, and disperse traffic. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. 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 this Conditional Use Permit (PLN- 21-00052), subject to the 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. PC Agenda Page 8 Resolution No. Downey Planning Commission PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of August, 2021. Miguel Duarte, 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 18th day of August, 2021, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ____________________________ Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 9 Resolution No. Downey Planning Commission PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-21-00052) PLANNING 1)The approval of Conditional Use Permit (PLN-21-00052) permits the operation of a 9,448 square foot Commercial Recreation facility within the Stonewood Shopping Center on property located at 251 Stonewood Street and zoned SP 89-1 (Stonewood Specific Plan). 2)The Commercial Recreation facility is only approved in the in the form of a kid’s indoor playground with two private party rooms. 3)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. 4)The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5)The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 6)All rules and regulations set forth by the California Department of Public Health and the Los Angeles County Department of Public Health shall be enforced and complied with. The applicant shall be subject to any and all applicable orders issued by these agencies to protect the public health, such as orders for social distancing and operational restrictions related to the COVID-19 coronavirus pandemic. 7)Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 8)The permitted hours of operation of the business are Monday through Thursday from 11:00 a.m. to 8:00 p.m., Friday through Saturday from 10:00 a.m. to 9:00 p.m., and on Sunday from 11:00 a.m. to 7:00 p.m. 9)All signage is limited to the interior of the shopping mall. 10)All activities associated with the business shall take place entirely within the building. PC Agenda Page 10 Resolution No. Downey Planning Commission PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 5 11)Only the rooms designated on the plans as “Private Party Rm.” are allowed to be rented. All other areas must be open to all patrons. 12)All doors open to the rear parking area must remain closed during business hours. BUILDING 13)All construction shall comply with the most recent adopted City and State building codes: a) 2019 California Building Code b) 2019 California Electrical Code c)2019 California Mechanical Code d) 2019 California Plumbing Code e) 2019 California Fire Code f)2019 California Green Code 14)The Title Sheet of the plans shall include: a)Occupancy Group b)Occupant Load c)Description of use d)Type of Construction e)Height of Building f)Floor area of building(s) and/or occupancy group(s) 15)The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. 16)Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. FIRE 17)The following comments pertain to a limited fire review of a design review plan submittal. The comments contained herein shall not be construed as complete or encompassing all fire-life safety code requirements set forth in local, State, and/or National local codes. 18)Provide additional information as to the occupancy type(s) and load [CA Fire Code §1004] 19)A licensed Fire Protection Engineer shall evaluate this space’s existing level of fire protection and smoke control as to determine if modifications shall be required based on the occupancy type and use (e.g. extensive use of plastic play equipment). 20)If modifications are required to the automatic fire sprinkler, fire alarm and detection system, and/or smoke control system, deferred plan submittals shall be required [CFC §901.2] PC Agenda Page 11 Resolution No. Downey Planning Commission PLN-21-00052 – 251 Stonewood St. August 18, 2021 - Page 6 21)Interior finish, decorative materials and furnishings shall adhere to Chapter 8 of the CA Fire Code and Title 19 of CA Code of Regulations to ensure they do not significantly add to or create fire hazards in buildings. Interior play equipment, and other floor, wall, and ceiling coverings, furnishings, and decorative materials shall meet requirements for flame spread and smoke development in accordance with ASTM, UL, NFPA, CA Fire Code, and Title 19 CA Code of Regulations. Supporting documents shall be furnished to Downey Fire upon request indicating said equipment and interior materials meet code requirements. 22)Egress shall be designed to meet requirements of the CA Building Code and Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing, door swing direction, exit sign illumination, etc. 23)Exit signs shall be properly illuminated and readily visible from any direction of egress travel [CA Fire Code §1013.1; 1013.31030.2; 1030.3] 24)Emergency lighting shall be provided and its power supply shall be provided as to automatically illuminate aisles, corridors, exit access stairways and ramps with emergency power provided as set forth in CA Fire and Building Codes [CA Fire Code §1008]. END OF CONDITIONS PC Agenda Page 12 Exhibit C PC Agenda Page 13 Exhibit C PC Agenda Page 14 Exhibit C PC Agenda Page 15 Exhibit C PC Agenda Page 16 Exhibit C PC Agenda Page 17 Exhibit C PC Agenda Page 18 Exhibit C PC Agenda Page 19 From:joseph gambrell To:Alfonso S. Hernandez Subject:CANDEELAND Date:Tuesday, July 27, 2021 12:57:33 PM [CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Mr. Hernandez, Given that we are still in a Covid-19 pandemic, children under 12 yrs are not vaccinated, all parents are NOT vaccinated and it will be impossible to sanitize the play equipment after each use along with the absence of a mask mandate, I am against the indoor Candeeland Kids playground in the Stonewood Mall. Joseph Gambrell MD 9229 Buell St. Downey, CA 90241. Exhibit D PC Agenda Page 20 S.HyungJinS.HyungJin LEASE PLAN PC Agenda Page 21 PROJECT LOCATION S.HyungJinS.HyungJin PC Agenda Page 22 S.HyungJinS.HyungJin PC Agenda Page 23