HomeMy WebLinkAboutPC Reso 21-3148RESOLUTION NO. 21-3148
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:
Resolution No. 21-3148
Downey Planning Commission
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.
PLN -21-00052 — 251 Stonewood St.
August 18, 2021 - Page 2
Resolution No. 21-3148
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2021.
Miguel D rte, Chairman
City Plahning 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: Duarte, Montoya, Ortiz and Uva
NOES: COMMISSIONERS: Owens
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Ca anagh, Secretary
City Planning Commission
PLN -21-00052 — 251 Stonewood St.
August 18, 2021 - Page 3
Resolution No. 21-3148
Downey Planning Commission
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.
PLN -21-00052 — 251 Stonewood St.
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Resolution No. 21-3148
Downey Planning Commission
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.
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
D
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
PLN -21-00052 — 251 Stonewood St.
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Resolution No. 21-3148
Downey Planning Commission
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]
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
PLN -21-00052 — 251 Stonewood St.
August 18, 2021 - Page 6