HomeMy WebLinkAbout1. PLN-21-00177 9516 LakewoodSTAFF REPORT
PLANNING DIVISION
DATE: MAY 4, 2022
TO: PLANNING COMMISSION
SUBMITTED/
REVIEWED BY: CRYSTAL LANDAVAZO, INTERIM DIRECTOR OF COMMUNITY
DEVELOPMENT DIRECTOR
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-21-00177 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
A PERMANENT 1,420 SQUARE FOOT OUTDOOR DINING EXPANSION
AT A COMMERCIAL PLAZA (THE COMMONS AT GALLATIN ROAD).
LOCATION: 9516 LAKEWOOD BOULEVARD
ZONING: C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER)
REPORT SUMMARY
The applicant is seeking to add a secondary outdoor dining plaza at 9516 Lakewood Boulevard
by converting space currently occupied by (7) parking stalls. The proposed area will be 1,420
square feet and will serve as outdoor dining for three adjacent tenants. The site will continue to
operate under Resolution No. 15-2922 and the proposed resolution that is more specific to the
outdoor dining area. This item was originally scheduled for consideration on April 6, 2022 but,
the applicant requested to continue the item to April 20, 2022. The Resolution has since been
revised to allow the existing resolution approving the original development and Mitigated
Negative Declaration to remain effective and new conditions were added to address concerns
raised by neighboring residents regarding activity within the center. The April 20, 2022 Planning
Commission meeting was cancelled due to a lack of quorum and all items on the agenda were
continued to the May 4, 2022 Commission meeting.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-21-00177),
THEREBY RECINDING RESOLUTION NO. 15-2922, AND ALLOWING A
1,420 SQUARE FOOT OUTDOOR DINING AREA AT A COMMERCIAL
PLAZA (THE COMMONS AT GALLATIN ROAD).
BACKGROUND
The subject site is located on the southeast corner of Lakewood Blvd and Gallatin Road. The
site is currently developed with two buildings. One is a 12,144 sq. ft. building occupied by a
single tenant restaurant. The other is a 6,000 sq. ft. multi-tenant building occupied by two
PC Agenda Page 1
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 2
restaurants and a coffee shop. The proposed outdoor dining will serve the multi-tenant building.
The property has a General Plan Land Use Designation of General Commercial. The parcel is
zoned C-2 (General Commercial) and P-B (Parking Buffer).
On December 15, 2021, the applicant filed a request for a Conditional Use Permit.
Subsequently, the applicant was issued an incomplete letter on January 12, 2022. A complete
letter was issued on March 2, 2022. On March 24, 2022, notice of the pending public hearing
was published in the Downey Patriot and mailed to all property owners within 500 feet of the
subject property.
On April 6th, the applicant submitted a request to continue this item to the April 20th, 2022
Planning Commission meeting. The April 20th Planning Commission meeting was cancelled due
to a lack of quorum, and all items on that agenda were continued to the May 4, 2022
Commission meeting.
Existing North Elevation from Gallatin Rd.
DISCUSSION
A temporary outdoor dining permit was issued for the center on July 29, 2020 as part of the
City’s response to state mandated closures due to the COVID-19 pandemic. The temporary
structure occupies five (5) parking spaces and consists of a wood plank deck with trees that
buffer it from the drive aisle. The property owner is now requesting to remove the temporary
structure and replace it with a permanent dining area by removing seven (7) parking stalls. The
new dining area will install new hardscape, landscape, site lighting, and bollards to match
features from the existing outdoor dining plaza.
The proposed project will consist of a 1,420 square feet of outdoor dining area surrounded by a
3 ft. 7 in. landscape planter along its perimeter. The new dining area will be enclosed with a 42”
tall metal railing fence, to match the existing railing within the center. The new landscaping will
consist of drought tolerant plants, shrubs, and trees. The asphalt in the area will be removed
and replaced with concrete and decorative pavers to identify the new outdoor dining area. Two
of the seven parking spaces removed for this project are ADA compliant spaces that will be
relocated to the parking area immediately south of the new outdoor dining area. Though there is
a reduction of parking, the site continues to have a surplus of 42 stalls.
PC Agenda Page 2
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 3
Proposed Site Plan
DEVELOPMENT REVIEW COMMITTEE
On January 6, 2022, the Development Review Committee (DRC) evaluated the project as it
pertains to Planning, Police, Fire, Public Works, and Building and Safety matters and provided
staff with comments and conditions. No department expressed concerns or opposition over the
project, and issued standard conditions. Recommended conditions of approval have been
included in the attached Resolution to address potential impacts.
ENVIRONMENTAL ANALYSIS
It has been determined that this request is categorically exempt from CEQA, pursuant to
Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects,
which have been determined not to have a significant effect on the environment and have been
exempted from the requirements of CEQA. Class 1 consists of projects that involve a negligible
expansion of the existing use.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to approving a Conditional Use Permit. The findings are as follows:
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9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 4
A.The requested Conditional Use Permit will not adversely affect the intent and
purpose of this article 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 developed with a commercial center that consists of a coffee shop
and restaurants with outdoor dining areas. The commercial was previously found to be,
and remains, consistent with the General Plan in that it provides goods and services to
the neighborhood and surrounding community. The proposed secondary dining area will
provide the community with an additional amenity to utilize the services provided by the
center. The new outdoor dining area is located approximately 210 feet away from
residentially developed properties at the east side of the site. The new outdoor dining
area is separated from the nearest residential uses by three drive aisles and rows of
parking so it is not expected to cause a nuisance to nearby businesses or residences.
The project aims to diversify the services available to residents and patrons of city
businesses. The following General Plan policy is promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire
goods and services
The Conditional Use Permit promotes the above policy by diversifying the amenities and
environment provided by the adjacent businesses. This will not only continue to provide,
but also expand, the type and amount of goods and services available to its patrons and
general public. The commercial center will continue to operate under existing conditions
of approval issued upon its original development which have allowed it to operate
without causing impacts to the surrounding area.
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 outdoor dining area is intended to complement the existing uses on the
subject site as a supplementary/ancillary component. The project will match the existing
features of the existing outdoor dining area and will provide additional landscaping to
complement the new amenity. The subject site has operated as commercial center
without causing adverse impacts to the surrounding area. The proposed project will add
an additional amenity to complement the existing on the subject site without intensifying
the original operations of the center. The subject site will continue to operate with a
surplus of parking stalls that exceeds the City’s minimum standards. As such, the
request is not anticipated to adversely affect the adjacent commercial businesses, nor
hinder the area’s potential for future growth and development.
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 subject site has operated as a commercial center and the request for an additional
outdoor dining area does not include a proposal to alter any of the existing buildings’
floorplans or square footage. The proposed new outdoor dining area is intended to
complement the uses already operating on the subject site, not serve as a new primary
use that would generate additional impacts. The center, and the new dining area, will
continue to operate under the existing conditions of approval that regulate the center to
ensure that the subject site does not cause a detriment to the area. The proposed dining
area will not restrict future permitted uses from occupying the site or require an existing
use to alter their operations. The site will continue to operate with an abundance of
parking and will continue to be self-sustaining without impacting the surrounding area.
PC Agenda Page 4
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 5
D.The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The subject site has operated as a commercial center with a coffee shop and three
restaurants. Additionally, the location of the proposed new permanent outdoor dining area
was occupied by a temporary dining area deck since July 2020 without causing an undue
burden upon the streets and highways in the area. The proposed outdoor dining area will
serve as a complement to the existing uses on the subject not as a separate primary use
that will generate new traffic to the subject site. Traffic and vehicular activity to the site is not
expected to increase due to the new outdoor dining area. The center is expected to operate
in a similar fashion, and will continue to be regulated by the existing conditions of approval
that have allowed it to operate without causing a burden to the area. Lakewood Boulevard
is a major arterial that was determined to be able to manage the activity generated by the
center prior to its original development. The existing transportation infrastructure and
surplus on-site parking are adequate to support the type and quantity of traffic generated.
CORRESPONDENCE
Staff received one letter of correspondence in support of this application. Staff received three
phone calls from area residents regarding the operation of the shopping center. Their concerns
ranged from the time of deliveries, parking lot sweeper, and deep cleaning of outdoor patio
areas during late night and early morning hours, customers parking in adjacent residential
neighborhood, trash and leaves accumulating on adjacent property, vehicles doing “donuts” on
the parking lot, and loud music from vehicles charging at the Tesla charging stations.
Staff spoke to the property owner and relayed the neighbors’ concerns. In order to address the
neighbors’ concerns, Staff has incorporated the following conditions of approval
•Permanent signs at the driveway exits stating that parking in the adjacent residential
neighborhood is discouraged.
•Landscape maintenance, parking lot sweeping, and outdoor patio cleaning is prohibited
between the hours of 10:00 pm and 7:00 am, Monday through Friday, and 10:00 pm and
8:00 am, Saturday and Sunday.
•The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
•Permanent signs reminding patrons to be courteous to the neighbors and to keep noise
low shall be evenly distributed throughout the parking lot and along the east parking lot
landscape planter.
•There shall be no outdoor sound/music system/speakers installed in the 1,420 square
foot outdoor dining area.
PC Agenda Page 5
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 6
CONCLUSION
Based on the analysis contained within this report, all findings required for approval can be
made in a positive manner. As such, it is recommended that the Planning Commission approve
PLN-21-00177, thereby approving a permanent 1,420 square foot outdoor dining are within a
commercial plaza.
EXHIBITS
A.Maps
B.Draft Resolution
C.Project Plans
D.Resolution No. 15-2922
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9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 7
Location
PC Agenda Page 7
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 – Page 8
Aerial Photograph
Zoning Map
Subject
Site
Subject
Site
PC Agenda Page 8
RESOLUTION NO. 22-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-21-00177 TO
ALLOW A 1,420 SQUARE FOOT OUTDOOR DINING AREA AT A
COMMERCIAL PLAZA KNOWN AS THE COMMONS AT GALLATIN
ROAD AND INCORPORATING ALL CONDITIONS OF RESOLUTION NO.
15-2922
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 May 20, 2015, the Planning Commission held a duly noticed public hearing, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted Resolution No. 15-2922, adopting a mitigated negative
declaration and approving a site plan review and conditional use permit allowing The
Commons at Gallatin Road project, a 18,144 square foot commercial development; and
B.On December 15, 2021, the applicant submitted a request for the Conditional Use
Permit to allow the 1,420 expansion of existing outdoor dining plaza. Due to missing
information on the project plans, staff deemed the application incomplete; and,
C.The application was deemed incomplete due to missing information on January 12,
2022. The applicant resubmitted additional information and the application was deemed
complete for further processing on March 2, 2022; and
D.On March 24, 2022, notice of the pending application published in the Downey Patriot
and mailed to all property owners within 500' of the subject site; and,
E.On April 6, 2022, the applicant submitted a request to continue this item to the April 20,
2022 Planning Commission meeting to allow the applicant to work with staff regarding
the proposed conditions of approval, and;
F.On April 14, 2022, the April 20th, 2022 Planning Commission was cancelled due to a lack
of a quorum, and all items on the agenda were continued to the May 4, 2022 Planning
Commission meeting, and;
G.On May 4, 2022, the Planning Commission held a duly noticed public hearing, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section No. 15301
(Class 1– Existing Facilities). Categorical Exemptions are projects, which have been determined
not to have a significant effect on the environment and have been exempted from the
requirements of CEQA. Class 1 consists of projects that involve a negligible expansion of the
existing use.
PC Agenda Page 9
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 - Page 2
SECTION 3. 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.The requested Conditional Use Permit will not adversely affect the intent and purpose of
this article 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 developed
with a commercial center that consists of a coffee shop and restaurants with outdoor
dining areas. The commercial was previously found to be, and remains, consistent with
the General Plan in that it provides goods and services to the neighborhood and
surrounding community. The proposed secondary dining area will provide the community
with an additional amenity to utilize the services provided by the center. The new
outdoor dining area is located approximately 210 feet away from residentially developed
properties at the east side of the site. The new outdoor dining area is separated from the
nearest residential uses by three drive aisles and rows of parking so it is not expected to
cause a nuisance to nearby businesses or residences. The project aims to diversify the
services available to residents and patrons of city businesses. The following General
Plan policy is promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire
goods and services
The Conditional Use Permit promotes the above policy by diversifying the amenities and
environment provided by the adjacent businesses. This will not only continue to provide,
but also expand, the type and amount of goods and services available to its patrons and
general public. The commercial center will continue to operate under existing conditions
of approval issued upon its original development which have allowed it to operate
without causing impacts to the surrounding area.
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 outdoor
dining area is intended to complement the existing uses on the subject site as a
supplementary/ancillary component. The project will match the existing features of the
existing outdoor dining area and will provide additional landscaping to complement the
new amenity. The subject site has operated as commercial center without causing
adverse impacts to the surrounding area. The proposed project will add an additional
amenity to complement the existing on the subject site without intensifying the original
operations of the center. The subject site will continue to operate with a surplus of
parking stalls that exceeds the City’s minimum standards. As such, the request is not
anticipated to adversely affect the adjacent commercial businesses, nor hinder the
area’s potential for future growth and development.
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
subject site has operated as a commercial center and the request for an additional
outdoor dining area does not include a proposal to alter any of the existing buildings’
floorplans or square footage. The proposed new outdoor dining area is intended to
complement the uses already operating on the subject site, not serve as a new primary
use that would generate additional impacts. The center, and the new dining area, will
continue to operate under the existing conditions of approval that regulate the center to
ensure that the subject site does not cause a detriment to the area. The proposed dining
PC Agenda Page 10
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 - Page 3
area will not restrict future permitted uses from occupying the site or require an existing
use to alter their operations. The site will continue to operate with an abundance of
parking and will continue to be self-sustaining without impacting the surrounding area.
D.The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The subject site has operated as a commercial center
with a coffee shop and three restaurants. Additionally, the location of the proposed new
permanent outdoor dining area was occupied by a temporary dining area deck since July
2020 without causing an undue burden upon the streets and highways in the area. The
proposed outdoor dining area will serve as a complement to the existing uses on the
subject not as a separate primary use that will generate new traffic to the subject site.
Traffic and vehicular activity to the site is not expected to increase due to the new outdoor
dining area. The center is expected to operate in a similar fashion, and will continue to be
regulated by the existing conditions of approval that have allowed it to operate without
causing a burden to the area. Lakewood Boulevard is a major arterial that was determined
to be able to manage the activity generated by the center prior to its original development.
The existing transportation infrastructure and surplus on-site parking are adequate to
support the type and quantity of traffic generated.
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, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions,
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 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of May, 2022.
Patrick Owens, 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 4th day of May,
2022, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 11
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 - Page 4
PLN-21-00177
CONDITIONAL USE PERMIT
EXHIBIT A - CONDITIONS
PLANNING
1)The approval of Conditional Use Permit PLN-21-00177 allows for a secondary
permanent outdoor dining area of 1,420 square feet at the Commons at Gallatin Road.
2)All conditions of approval listed under Resolution No. 15-2922 shall remain in effect.
3)The Planning Commission reserves the right to revoke or modify this CUP if harm or
operational problems such as criminal or anti-social behavior occur. Examples of harmful
or operation behaviors include, but not limited to, violence, public drunkenness,
vandalism, solicitation and/or litter.
4)The secondary outdoor dining area is subject to permanent and current temporary
outdoor Department of Alcoholic Beverage Control (ABC) licensing restrictions, as such,
alcoholic beverages are presently permitted in this area. Alcoholic beverages are also
restricted to the enclosed dining areas adjacent to the tenant spaces that hold an ABC
license. The service of alcoholic beverages shall be prohibited should ABC prohibit the
service of alcoholic beverages in the 1,420 square foot permanent outdoor dining area.
5)The businesses shall comply with the City of Downey’s noise ordinance, but in any case,
noises shall not exceed greater than 65 dBA as measured at the property line.
6)There shall be no outdoor sound system/speakers installed in the 1,420 square foot
outdoor dining area.
7)The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
8)The owner/applicant shall not permit any loitering on the subject site.
9)The applicant shall install permanent signs at each driveway exit along Gallatin Road
stating that customers are discouraged from parking in the adjacent residential
neighborhood.
10)Landscape maintenance, parking lot sweeping, and outdoor patio cleaning is prohibited
between the hours of 10:00 pm and 7:00 am, Monday through Friday, and 10:00 pm and
8:00 am, Saturday and Sunday.
11)Permanent signs reminding patrons to be courteous to the neighbors and to keep noise
low shall be evenly distributed throughout the parking lot and along the east parking lot
landscape planter, subject to approval of the City Planner.
BUILDING
12)All construction shall comply with the most recent adopted City and State building codes:
•2019 California Building Code
•2019 California Residential Code
PC Agenda Page 12
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 - Page 5
•2019 California Electrical Code
•2019 California Mechanical Code
•2019 California Plumbing Code
•2019 California Fire Code
•2019 California Green Code
13)The Title Sheet of the plans shall include:
•Occupancy Group
•Occupant Load
•Description of use
•Type of Construction
•Height of Building
•Floor area of building(s) and/or occupancy group(s)
•Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
14)All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
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)A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions’ Code. Public and private
site improvements shall be designed in accordance with the Americans with Disabilities
Act and Chapter 11 of the California Building Code.
17)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 DEPARTMENT
18)Designation of NO PARKING (e.g. red curb) in parking lot at proposed outdoor dining
area shall be provided. Fire lane designation and stripping shall adhere to sign
requirements set forth in Fire Code and Downey Municipal Code [CA Fire Code D103.6;
DMC 3327].
19)Project construction shall comply with requirements set forth in the CA Building and Fire
Codes for egress from proposed dining area.
PUBLIC WORKS
20)Owner/applicant shall comply with the Low Impact Development requirements for small
scale LID Category. The owner/applicant shall incorporate one of the two options
(Vegetated Bio swale or Cultec System) in the site plan with detail.
PC Agenda Page 13
Resolution No. 22-
Downey Planning Commission
9516 Lakewood Blvd – PLN-21-00177
May 4, 2022 - Page 6
a.The applicant to include the following statement on the plan:
“As the designer/architect of the project, I have designed the LID System in
accordance with the design criteria of the City of Downey’s LID Technical Guidance
Manual for Small Site Developments.”
END OF CONDITIONS
PC Agenda Page 14
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PC Agenda Page 15
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PC Agenda Page 17
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Page 4 of 4
PC Agenda Page 18
PC Agenda Page 19
PC Agenda Page 20
PC Agenda Page 21
PC Agenda Page 22
PC Agenda Page 23
PC Agenda Page 24
PC Agenda Page 25
PC Agenda Page 26
PC Agenda Page 27
PC Agenda Page 28
PC Agenda Page 29