HomeMy WebLinkAbout05. PLN-17-135 - Administrative Minor ModificationSTAFF REPORT
PLANNING DIVISION
DATE: MAY 15, 2024
TO: PLANNING COMMISSION
SUBMITTED BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: ADMINISTRATIVE MINOR MODIFICATIONS TO CONDITIONS
OF APPROVAL FOR PLN 17-00135
LOCATION: 11022 DOWNEY AVENUE & 8310-8312 THIRD ST.
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN, DOWNTOWN CORE
DISTRICT (DDSP)
REPORT SUMMARY
On January 3, 2018, the Planning Commission of the City of Downey, approved
Planning Commission Resolution No. 18–3044 approving Tentative Parcel Map No.
78275, a Site Plan Review, a Conditional Use Permit, and a Variance, thereby
authorizing the conversion of the former Avenue Theater into three businesses that
would provide dining and entertainment, on a property located at 11022 Downey
Avenue and 8310-8312 Third Street, zoned Downtown Downey Specific Plan,
Downtown Core District. The applicant has requested (Attachment A) that staff consider
minor modifications to the Conditions of Approval to facilitate the completion of the
project and to conform to the diminution of services to be provided at the business
establishments (Attachments D through I).
BACKGROUND
The project was approved to be comprised of three businesses: 1) 11022 Downey
Avenue, a restaurant that would include alcohol service (pursuant to a Type 47 ABC
license); 8310 Third Street, a restaurant that would include alcohol service (pursuant to
a Type 47 ABC license) and limited live entertainment; and 3) 8312 Third Street, a live
entertainment venue that would include alcohol service (pursuant to a Type 48 ABC
license).
The business at 11022 Downey Avenue has recently opened as the Avenue Pizzeria
with a Type 41 ABC license. The remaining two tenant spaces are nearing completion.
The business located at 8310 Third Street also has an outdoor patio on the north side of
the building facing Third Street. The business located at 8312 Third Street is
approximately 11,000 ft.² and will operate as an exclusive dining experience with a live
entertainment venue with a variety of entertainment, including live bands, customer
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11022 Downey Avenue & 8310-8312 Third Street – Modification to PLN-17-00135
May 15, 2024 - Page 2
dancing, DJs, stand-up comedy, dinner theater shows, karaoke, life shows such as
plays, operas and musicals and speaking engagements. A Type 47 ABC license is
currently pending review and approval by ABC that would govern both businesses
jointly located at 8310-8312 Third Street.
The applicant has recently requested that staff consider minor modifications to the
conditions of approval to facilitate the completion of the project and to conform to the
diminution of services to be provided at the business establishments. The applicant’s
request is included as Attachment A.
Here is a summary of the changes in the ABC licenses and some related modifications:
• Pizzeria – Type 47 (beer, wine and distilled spirits) downgraded to Type 41 (Beer
and Wine)
• Beso - (formerly referred to as Rockwell) – Type 48 (Public Premise/Nightclub)
downgraded to Type 47 (Beer and Wine) as part of an eating establishment
• Mandala (formerly Crawford) – downgraded to Type 47 (Beer and Wine) as part
of an eating establishment
• Removal of Variance request and rooftop terraces
Other modifications are outlined in Attachment B.
DISCUSSION
Condition of Approval No. 5 of Resolution No. 18–3044 authorizes the City Planner to
make modifications to the approved plans or any of the conditions, if such modifications
shall achieve substantially the same results as would strict compliance with the said
plans and conditions of approval.
Based on staff’s review of the applicant’s request, and the review of the Conditions of
Approval, staff has determined that the administrative modifications as requested by the
applicant are reasonable and shall be granted.
CONCLUSION
That the Planning Commission concur the proposed modifications to the Conditions of
Approval of Resolution No. 18-3044, are minor and otherwise achieve substantially the
same results.
ATTACHMENTS
Attachment A: Letter Request for 8310-8312 Third Street to be identified and treated as
one (1) establishment
Attachment B: Minor modifications to the revised Conditions of Approval dated May 15,
2024 (Redlines)
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11022 Downey Avenue & 8310-8312 Third Street – Modification to PLN-17-00135
May 15, 2024 - Page 3
Attachment C: January 3, 2018 Planning Commission Report and Adopted Resolution
No. 18–3044
Attachment D: Letter describing the 10-Year Timeline of the Restoration of the Avenue
Theatre
Attachment E: Letter request for removal of the pylon roof sign (by way of Variance) and
rooftop lounge from the CUP
Attachment F: Official Notification from the SBA, CDC, and lender - Bancorp, noting a
fourth (and final) extension of the loan
Attachment G: Email from Mr. Ahmad Shafique emphasizing the requirement to acquire
the Certificate of Occupancy no later than June 3, 2024
Attachment H: ABC letter issued May 9, 2024 with judge’s recommendation to the ABC
Director for ABC license to be issued
Attachment I: Original RFP issued by the City of Downey dated October 9, 2014
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Avenue Theatre, LLC
11022 Downey Avenue & 8010-8012 3rd Street
Downey, CA 90241
May 9, 2024
Irma Huitron
Community Development Director
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Re: Letter Request that 8010-8012 3rd Street to be One (1) Establishment
Dear Ms. Huitron:
This is a letter request that the City of Downey acknowledge the use of 8010-8012 3rd Street as
one (1) establishment, as also recognized by the California Department of Alcohol & Beverage
Control (ABC).
By way of this letter request, we acknowledge and commit to establish the necessary
connectivity verified by the city building official. This action will bring consistency between the
ABC licensing and the C.U.P.
Kindest Regards,
Adrian Amosa, Principal
Kirk Cartozian, Principal
Avenue Theatre, LLC
Attachment A
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TENTATIVE PARCEL MAP NO. 78275, SITE PLAN REVIEW, AND
CONDITIONAL USE PERMIT, AND VARIANCE (PLN-17-00135)
EXHIBIT A – REVISED CONDITIONS (MAY 15, 2024)
PLANNING
1)The approval of this Tentative Parcel Map No. 78275, Site Plan Review, and Conditional
Use Permit, and Variance (PLN-17-00135) allows for the adaptive reuse of the former
Avenue Theater to include two new restaurants and a live entertainment venue.
Specifically the approved uses are as follows:
a.Downey Avenue Restaurant (11022 Downey Avenue) - This 1,954 square foot
restaurant is approved to operate with an ABC Type 4147 (On-Sale Beer and Wine
General, Eating Place) license. Live entertainment is not permitted. Additionally,
this restaurant may have a standing food rail within the public sidewalk, adjacent to
Downey Avenue.
b.Restaurant/Entertainment Venue (8310-8312 Third Street) – This 14,542 square foot
restaurant is approved to operate with an ABC Type 47 (On-sale General, Eating
Place) license. Live entertainment is permitted at the restaurant with an
entertainment permit issued by the Chief of Police and as set forth in more detail
hereinbelow. The restaurant shall be developed as follows:
(i)Third Street Restaurant (8310 Third Street) – This 3,533 square foot portion
of the restaurant is approved to operate with an ABC Type 47 (On-Sale
General, Eating Place) license. Live entertainment is permitted. Additionally,
authorized to include a 158 square foot outdoor patio, which is located on the
north side of the building, facing Third Street is authorized.
(ii)Restaurant/Entertainment Venue/Rooftop lounge (8312 Third Street) – This
11,009 square foot portion of the restaurant shall provide a venue for live
entertainment as set forth in more detail herein below and in accordance with
a Floor Plan approved by the Community Development Director, which shall
incorporate interior access for between 8310 and 8312 Third Street for
employee and a secondary interior access for customers, meeting building
code requirementslive entertainment venue is approved to operate with an
ABC Type 48 (On-Sale General, Public Premise) license and live
entertainment. Additionally, a 2,199 square foot rooftop terrace is approved.
2)Unless specified, all conditions of approval contained herein shall apply to all businesses
within the building.
3)Approval of Tentative Parcel Map No. 78275, Site Plan Review, and Conditional Use
Permit, and Variance (PLN-17-00135) 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 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
Attachment B
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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.
5)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.
6)The business shall comply with the City of Downey’s noise ordinance and in any case,
shall not exceed 65 dB. This shall not include noised that is exempt from the City’s noise
ordinance. Upon receiving complaints regarding noise levels, the Director of Community
Development may order the preparation of a noise study. The cost of said noise study
shall be paid by the business owner. All mitigation measures identified in the noise study
shall be implemented and become part of this Conditional Use Permit and shall have the
force of conditions of approval.
7)The applicant shall provide lighting on the east side of the building to illuminate the City-
owned parking lot. Lighting shall be to parking lot standards.
8)All exterior lights shall be LED and shall be directed, positioned, and/or shielded such
that they do not illuminate surrounding properties.
9)The approved architectural style, finished material, and colors shall be as approved by
the Planning Commission. Changes to the facades and/or colors shall be subject to the
review and approval of the City Planner. At his/her discretion, the City Planner may refer
changes to the facades and/or colors to the Planning Commission for consideration.
10)All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
11)Any graffiti applied to the site shall be removed within 24 hours.
12)All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and Downey Municipal Code.
13)Prior to the issuance of building permits, the applicant shall obtain an easement from the
City of Downey for the marquee and roof sign on Downey Avenue, as well as, the
improvements (landscaping, pedestrian queue, FDC and Sprinkler control valve, etc)
within the City-owned parking lot.
14)The Downey Avenue façade, and marquee and roof sign shall be permanently
maintained on the site. Prior to the final of building permits, the applicant shall enter into
Attachment B
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a maintenance agreement with the City guaranteeing the applicant and all future
successors shall maintain the façade, marquee and roof sign. The maintenance
agreement shall be recorded on the property.
15) The restoration of the building, including the Downey Avenue façade, and marquee, and
roof sign shall be deemed to satisfy the art in public places requirements set forth in
Downey Municipal Code 8950 et seq.
16) All roof-mounted mechanical equipment shall be screened from view using artistic
decorative screening as approved by the City Planner. Any changes shall require. 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 view. and new
screening if equipment is not screened.
17) Prior to the final of building permits, all landscaping and irrigation shall be installed. The
type, size and number of landscaping shall be as noted on the approved landscape plan.
All landscape shall be installed and permanently maintained.
18) Other than within the two (2) approved kitchens, there shall be no cooking within the
building. The kitchen associated with within the business at 8310-8312 Third Street shall
remain open and provide full food service to all portions of the restaurant (including that
portion serving as a venue for live entertainment) at all hours that the
restaurant/entertainment venue is open for business. 8310 3rd Street shall serve both
businesses of 8310 & 8312 3rd Street. The kitchen must remain open during business
hours.
19) All above grade back-flow preventers, check valves, and transformers shall be painted
and screened from view from the public right-of-way to the satisfaction of the City
Planner and the Fire Marshal.
20) Any new bollards shall be decorative in nature and shall be approved by the City
Planner.
21) A trash receptacle shall be provided next to the food rail on Downey Avenue. The
applicant shall maintain and empty the trash receptacle daily, and shall remove the
receptacle from the public right-of-way at any time the food rail is not open for business.
The type and style of the trash receptacle shall be approved by the City Planner.
22) Prior to the final of building permits, the applicant shall provide stamped color concrete
or pavers across the driveway of the City-owned parking lot. The stamped color
concrete or pavers shall be as approved by the City Planner.
23) An five foot wide unobstructed ADA path of travel of not less than forty-eight inches (48”)
shall be maintained on the public sidewalk adjacent to the outdoor dining area on Third
Street and the food rail on Downey Avenue as approved by the Building Division and
Public Works Department to meet City/ADA Stand.
24) The permitted hours of operation for each business shall be as follows:
a. Downey Avenue Restaurant (11022 Downey Avenue) – 9:00 a.m. to 3:00 a.m.,
seven (7) days a week. Delivery may occur from the site 24 hours a day.
Attachment B
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b. Third Street Restaurant (8310 Third Street) – 9:00 a.m. to 2:00 a.m., seven (7) days
a week.
c. Restaurant/Entertainment Venue/Rooftop Lounge (8312 Third Street) – 9:00 a.m. to
2:00 a.m., seven (7) days a week.
25) The following live entertainment shall be authorized during all approved hours of
operation with a current and valid entertainment permit issued by the Chief of Police:
a. Downey Avenue Restaurant (11022 Downey Avenue) – None live entertainment of
any kind.
b. Third Street Restaurant (8310 Third Street) – Live bands, dj’s, customer dancing.
c. Restaurant/Entertainment Venue/Rooftop Lounge (8312 Third Street) – Live bands,
customer dancing, dj’s, stand-up comedy, dinner theater shows, karaoke, live shows
(plays, operas, and musicals), and public speaking engagements.
26) All live entertainment and/or pre-recorded ambient music within all the businesses shall
cease 30 minutes prior to the specified closing time.
27) Pre-recorded ambient music (without the use of a disc jockey) within all businesses is
allowed with a current and valid entertainment permit issued by the Chief of Police. All
non-live entertainment (including pre-recorded ambient music) shall cease 10 minutes
prior to the specified closing time.
28) Customers shall not be within any of the businesses after the specified closing time.
29) The businesses shall not function or otherwise operate as a “banquet facility” nor as a
“conference center” as those terms are defined in the Downtown Specific Plan (DDSP),
Appendix B. All live entertainment authorized pursuant to Condition of Approval 25
events shall be contracted directly with the business entity and open to the public, and
shall not be rented out for private events.
30) No aspect of any of the businesses shall function or otherwise operate as an adult
business, as defined in Municipal Code Section 9402.
31) Each business shall operate as a Bona Fide Public Eating Place (as defined by
California Business & Professions Code §23038 – as may be amended from time to
time). The kitchen servicing each business shall remain open to serve a full menu at all
times that business is open. The gross sales of alcohol from each restaurant shall not
exceed the gross sales of food. At the request of the City Planner, the applicant shall
provide evidence satisfactory to the City Planner that the gross sales of food exceeds
the gross sales of alcohol at each business. Sales from the business(es) at 8310 and
8312 Third Street will be considered jointly, while sales from the business at 11022
Downey Avenue shall be considered independently of any other business.
32) Alcoholic beverages shall not be sold, served, or provided after 1:30 a.m. or one-half
(1/2) hour prior to the closing time of the business if the closing time is earlier than 2
a.m. Last call for the purchase and service of alcoholic beverage shall be 1:30 a.m. to
Attachment B
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allow for the consumption of all alcoholic beverages to be concluded by 2:00 a.m. as per
Alcohol Beverage Control (ABC) requirements. All alcoholic beverages and alcoholic
beverage containers (glasses, bottles, cans, or otherwise) shall be removed from all
areas accessible to customers (including tables and counters) at least ten (10) minutes
prior to the closing time of the business. Notwithstanding any ABC license, no alcohol
shall be sold for off-site consumption.
33) The business owner/applicant and licensee shall not conduct valet parking on the
subject site without the approval of a Conditional Use Permit from the Planning
Commission.
34) For the Restaurant/Entertainment Venue listed under conditions of approval 1(b)(ii) and
24(c)/Rooftop Lounge, the following additional conditions of approval shall apply:
a) Entertainment on the rooftop lounge shall be limited to live bands, dj’s, and
customer dancing.
b) No person below the age of 21 years shall be permitted entry into the business
establishment. Age verification shall be through an electronic identification
verification system. If the business owner/applicant allows entry at any time
exclusively to persons 21 years of age and over, the applicant shall enact
corresponding “house rules” and post appropriate signage reflecting said rule -
as approved by the City Planner and Chief of Police. During any times when the
business operator excludes entry by persons under the age of 21 years, age
verification shall be performed on patrons prior to entering this portion of the
business from the exterior or from another portion of the business and building,
and shall be performed through an electronic verification system as approved by
the Chief of Police.
c) Customer entrance to this business shall be through the door on the east façade
of the building. Customers shall not be permitted to enter into the business
through other the other businesses in the building. Primary customer entrance to
this portion of the restaurant/entertainment venue from the exterior of the building
shall be through the door on the east facade of the building adjacent to the City
parking lot. Customers of the business at 8310 Third Street may enter this
portion of the restaurant/entertainment venue directly from 8310 Third Street
through a connecting doorway, in accordance with a Security Plan approved by
the Chief of Police. This shall not prohibit entry by employees through interior
connecting doorways.
d) Customer queuing from the entrance shall be kept against the building within the
pedestrian walkway in the City-owned parking lot, and in accordance with a
Queuing Management Plan approved by the Planning Division and Chief of
Police. Should the queue extend longer than the pedestrian walkway, the queue
line may extend along the building down Third Street. The applicant shall ensure
the queue line does not block any entrance or exit to this or any other business,
driveways, or accessibility on the public sidewalk, driveways, or other
businesses. The use of stanchions, rope, balusters, or other similar temporary
barriers to manage customer queuing a temporary queue line/rope is permitted in
accordance with , subject to the review and approval of an approved Queuing
Management Plan by the Planning Division and Police Department.
Attachment B
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e) Alcohol shall not be sold for off-site consumption.
f) In conjunction with 8310 Third Street business, 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.
g) The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of prepackaged foods, salads, or sandwiches are not
considered to be in compliance with this condition.
35) For the Third Street Restaurant listed under conditions of approval 1(b)(i) and 24(b), the
following additional conditions of approval shall apply:
a) Customer entrance to the business shall be through the door on the north façade
of the building. Customers shall not be permitted to enter into the business
through other the other businesses in the building. Primary customer entrance to
this portion of the restaurant from the exterior of the building shall be through the
door on the north facade of the building along Third Street. Customers of this
portion of the restaurant may enter from the restaurant/entertainment venue
through a connecting doorway, in accordance with a Security Plan approved by
the Chief of Police. This shall not prohibit entry by employees through interior
connecting doorways.
b) Customer queuing from the entrance shall be kept against the building along
Third Street, and in accordance with a Queuing Management Plan approved by
the Planning Division and Chief of Police. The applicant shall ensure the queue
line does not block any entrance or exit to this or any other business, driveways,
or accessibility on the public sidewalk, driveways, or other businesses. The use
of stanchions, rope, balusters, or other similar temporary barriers to manage
customer queuing is permitted in accordance with , subject to the review and an
approved approval of a Queuing Management Plan by the Planning Division and
Police Department.
c) In conjunction with 8312 Third Street business, Tthe 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.
d) The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of prepackaged foods, salads, or sandwiches are not
considered to be in compliance with this condition.
e) The applicant shall obtain approval of an encroachment permit pursuant to
Section 2.4.4 (Encroachments) of the Downtown Downey Specific Plan for the
outdoor dining area. This shall include meeting all indemnification and liability
requirements set forth in said section of the Specific Plan.
Attachment B
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f) Beer may be sold for off-site consumption., provided it is sold in a sealed
container.
36) For the Downey Avenue Restaurant, the following additional conditions of approval shall
apply:
a) 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.
b) The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of prepackaged foods, salads, or sandwiches are not
considered to be in compliance with this condition.
c) The applicant shall obtain approval of an encroachment permit pursuant to
Section 2.4.4 (Encroachments) of the Downtown Downey Specific Plan for the
food rail. This shall include meeting all indemnification and liability requirements
set forth in said section of the Specific Plan.
d) Customer queuing from the entrance shall be kept against the building along
Downey Avenue, and in accordance with a Queuing Management Plan approved
by the Planning Division and Chief of Police. The applicant shall ensure the
queue line does not block any entrance or exit to this or any other business,
driveways, or accessibility on the public sidewalk, driveways, or other
businesses. The use of stanchions, rope, balusters, or other similar temporary
barriers to manage customer queuing a temporary queue line/rope is permitted in
accordance with an approved Queuing Management Plan, subject to the
approval of the Planning Division and Police Department.
e) Alcohol shall not be sold for off-site consumption
37) The business owner shall ensure that the property is kept clean and free of litter and
trash. This shall include all areas of the City-owned parking lot that are adjacent to the
building, and all sidewalks and gutters for a distance of 25 feet from the building.
BUILDING
38) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey, and Title 24 of the California Energy Code.
39) 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.
40) The emergency egress path of travel shall remain unobstructed. Egress doors shall be
wide enough to accommodate the occupant load.
41) Prior to the issuance of building permits, the applicant shall obtain an emergency egress
easement from the City of Downey to permanently maintain emergency egress through
the parking lot.
Attachment B
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42) The occupant load of each business shall be clearly posted within said business, and
occupancy of each business shall not exceed the maximum occupancy load.
FIRE DEPARTMENT
43) Plans to be submitted through Building and Safety and shall comply with the most recent
version or the California Fire Code, as adopted by the City of Downey; current Downey
Municipal Code Ordinances and any other pertinent requirements to be determined at
time of plan submission and review.
44) An area in front of the egress doors on the east side of the building shall be stripped and
marked “Do Not Block”. This stripped area shall be as wide as the doors and extend ten
feet from the building.
45) The Fire Department Connection and Double Detector Check Valve shall be located
within the landscape area on the east side of the City-owned parking lot.
46) A deferred automatic fire sprinkler plan submittal is required for Assembly Group ‘A’
occupancy. The automatic fire sprinkler system design, installation, and testing shall be
per NFPA 13 [CFC § 903.2.1.2 #3; DMC 3318].
47) A deferred fire alarm and detection system plan submittal is required. The automatic fire
alarm and detection system design, installation, and testing shall be per NFPA 72 [CFC
§ 907; DMC 3318].
48) Applicant shall complete and submit “Change in Occupancy Use” application for tenant
improvement of vacant space to an Assembly Group ‘A’ occupancy use.
49) A deferred plan submittal for commercial cooking hood/exhaust automatic fire
extinguishing system shall be required. The automatic fire extinguishing system design,
installation, and testing shall be per NFPA 96 and be UL 300 complainant [CFC §
904.2.2].
50) If applicable, establishment of hazardous materials business plan (HMBP) for handling
of compressed and/or refrigerated beverage system gases (e.g. Carbon dioxide,
Nitrogen) exceeding 1000 cubic feet at STP (standard temperature pressure) shall be
completed and approved prior to the commencement of business [HSC 25507(5)(C)].
51) Storage of commercial kitchen cooking oil shall adhere to all current Fire Code
requirements [CFC § 610].
52) The design and construction of proposed project shall adhere to all conditions for
Assembly Group ‘A’ occupancy for occupant load, exiting, emergency lighting, egress
illumination, etc.
53) Prior to the final of building permits, the applicant shall provide key boxes (e.g. Knox
Boxes) to occupancy. Location of the key boxes shall be as approved by the Fire
Department [CA Fire Code §506.1].
Attachment B
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54) The elevator shall be appropriately sized to accommodate both emergency medical staff
(minimum of three (3) persons plus patient) and associated local emergency equipment
such as gurneys and medical supplies [DMC 3326].
55) The elevator operation for fire service/emergency operations shall meet the
requirements of CA Fire Code [CA Fire Code §607].
56) The fire sprinkler riser shall be located in an approved room with direct access from
exterior. Access to the fire riser room shall not be through an intervening space or
egress door.
57) The applicant shall provide and obtain approval of a fire access roads/lanes plan from
the Fire Marshal [CA Fire Code §503.1.1]. This shall include striping of Fire Lane along
the east side of the building, providing signage on the building, and providing red curbs
on Third Street adjacent to the nearest Fire Hydrant (east of the site).
58) The exterior of all emergency egress doors shall have signage that reads “Emergency
Exit, Do Not Block”.
59) The premises shall be clearly and appropriately addressed. An approved address
identification shall be provided that is legible and placed in a position that is visible from
the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire
Code [CA Fire Code §505.1].
POLICE
60) Prior to the commencement of businesses, the applicant shall obtain a permit from the
Chief of Police for all live entertainment. For the businesses described under conditions
of approval 1(b) and 1(c).
61) The businesses shall comply with all requirements of the State of California, Department
of Alcohol Beverage Control (ABC), as well as any conditions placed on the ABC
licenses.
62) 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.
63) Prior to the commencement of business, the applicant shall submit and obtain approval
of a security plan for each business from the Chief of Police. The security plan shall
include, amongst other information requested by the Chief of Police, the number of
licensed and bonded uniformed security that will be required at each business. The
number of security guards shall be at the sole discretion of the Chief of Police and may
be increased/decreased at his/her determination of need.
64) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot) and “no
loitering”. No patrons or employees shall be allowed to congregate at the rear of the
business.
Attachment B
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65) The business owner/applicant and licensee shall immediately report to the Police
Department if any patron appears to be involved in illegal activity inside the subject
business or outside in the parking lot area.
66) A copy of this conditional use permit, the police permit, and approved security plan must
be maintained on the premises of each respective business. The business owner,
applicant, and/or manager 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.
67) The business owner/applicant shall prohibit loitering by persons outside the business
establishment – including within the parking area and upon the adjacent right-of-way,
except for those persons in queue for entry into the business establishment in a manner
approved by the Planning Division and/or Police Department.
68) The business owner/applicant shall impose a dress code that shall not permit patrons to
wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps
worn backwards. A sign shall be posted at the entrance stating the dress code.
69) During all hours of operation, the business owner, manager, or other designated person
in charge, shall maintain an accurate count of the number of persons (including patrons
and employees) within the restaurant/live entertainment venue (at 8312 Third Street)
business at any given time.
70) The business owner shall not permit any public nuisance within areas under his control,
including but not limited to, unruly behavior by patrons, or any interactions with
passersby. Areas under his control shall include mean the parking lot to the east of the
business and sidewalks in front of the business (Third Street and Downey Avenue).
71) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or
other City Official for purposes of verifying compliance with any of the Conditions of
Approval of this CUP, as well as with any Police Permit and approved Security Plan.
PUBLIC WORKS
72) Prior to the commencement of work on public improvements, the applicant shall obtain
all necessary permits from the Public Works Department. Proposed public
improvements shall comply with the latest edition of Standard Plans and Specifications
for Public Works Construction, City of Downey standards and the Americans with
Disabilities Act (ADA).
73) The owner/applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government
Code of the State of California.
74) Remove and replace damaged, uneven or sub-standard curb, gutter, sidewalk,
driveway, disabled ramps, and pavement to the satisfaction of the Public Works
Attachment B
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Department. Contact the Public Works Inspector at (562) 904-7110 to identify the limits
of the areas to be removed and replaced at least 48 hours prior to commencing work.
75) All new onsite utilities shall be installed underground. Any utilities that are in conflict with
the development shall be relocated at the owner/applicant's expense.
76) The drive approach on Third Street shall be removed and replaced to match the new
drive aisle in the City-owned parking lot. This shall include removing and replacing an
18-inch strip (or other specified limits) of the AC street pavement adjacent to the edge of
the gutter along Third Street.
77) The applicant shall provide sufficient trash and recycling facilities to accommodate all the
uses. The facility design must provide for recycling facilities, i.e., storage and handling
areas for recycling facilities. Trash and recycling bins shall be within a trash enclosure
at a location approved by the City Planner. Trash enclosure shall include roof cover,
floor drain connection to grease interceptor and water hose bib connection for
maintenance.
78) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of all City-owned potable water and fire service improvements.
79) The owner/applicant shall furnish and install separate water service lines, meters, and
boxes for each tenant space. Connect new separate water service lines to existing
water main located on Downey Avenue. Existing potable and fire water service lines
and associated appurtenances must be removed and abandoned from existing water
main.
80) The owner or tenant must establish water billing accounts with the City prior to the City
activating and the tenant using any fire and/or potable, water service and meter.
81) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
82) The owner/applicant shall retrofit the existing fire hydrants east of the project on Third
Street in accordance to latest Fire Department and Department of Public Works
standards, including but not limited to, furnishing and installation of a new riser, fire
hydrant head, and associated fittings.
83) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances as required.
84) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
County Department of Public Health. Backflow devices shall be located on private
property, readily accessible for emergency and inspection purposes, and screened from
view by providing sufficient landscaping.
Attachment B
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85) 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.
86) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right-of-way and City-owned parking lot to be removed.
87) 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.
88) 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.
89) The owner/applicant shall furnish and install a new 6- inch sewer lateral(s) (to the front
property line) and abandon any existing unused sewer laterals. The design and
improvements of sewers shall be in accordance with the latest standards of the
Department of Public Works. Septic systems shall not be allowed.
90) 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 Districts of Los Angeles County (CSDLAC).
91) 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.
92) The owner/applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
93) 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 scanned,
uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City’s
GIS Requirements.
94) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit. Submit plans to Building & Safety and
Planning Divisions regarding the following:
a) The use of drought tolerant landscaping shall incorporate ground covers, shrubs
and trees to the maximum extent possible.
Attachment B
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b) Drip and micro spray irrigation shall maximize the use of drip irrigation and micro-
spray systems to the maximum extent possible.
c) Latest Green Code standards for water fixtures, etc.
95) The owner/applicant shall dedicate 5’-6” for right-of-way purposes along Downey
Avenue to the standards of the City Engineering Division.
96) The owner/applicant shall provide that no easements of any type be granted over any
portion of the subdivision to any agency, utility or organization (private or public), except
to the City of Downey prior to recordation of the tract or parcel map. The
owner/applicant shall grant easements in the name of the City, including:
a) Vehicular easements
b) Walkway easements
c) Drainage easements
d) Utility easements
97) The filed map shall comply with the latest edition of the state subdivision Map Act, the
City of Downey Municipal Code and all the applicable state and local laws. Prior to
recordation, the Applicant shall prepare map under the direction of a Registered Civil
Engineer authorized to practice land surveying, or a Licensed Land Surveyor. The map
must be processed through the Dept. of Public Works prior to being filed with the County
Recorder.
98) A preliminary Title Report (or a chain of title) prepared by the title company for the
subdivision is required showing all fee interest holders and encumbrances. An updated
title report shall be provided (not older than 90 days) before the final tract/parcel map is
released for filing with the County Recorder.
99) Monumentation of the final map boundaries, street centerline and lot boundaries is
required for a map based on a record of survey. In the absence of such record, a
licensed land surveyor shall set up all the missing monumentation.
100) Upon City Council approval, the final map shall be filed by the Engineer of Record with
the Los Angeles County Public Works Department for its recordation. One (1) Mylar
copy of the filed map shall be submitted to the City Dept. of Public Works prior to
Certificate of Occupancy.
101) The City reserves the right to impose any new plan check and/or permit fees approved
by City Council subsequent to the Planning Commission’s tentative approval of this map.
102) All portions of the City-owned parking lot that are adjacent to the project site shall be
repaired, sealed, and stripped to the satisfaction of the City Engineer and Building
Official. This may necessitate removal and replacement of the existing asphalt.
Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base,
and a minimum 2-1/2” thick asphalt concrete pavement. Construct Pavement on-site
parking and circulation areas as required by a pavement engineering or geotechnical
report prepared by a Registered Civil Engineer, subject to the review and approval of the
Attachment B
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Public Works and Community Development Departments.
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Avenue Theatre, LLC
11022 Downey Avenue & 8010-8012 3rd Street
Downey, CA 90241
May 9, 2024
Irma Huitron
Community Development Director
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Re: Detail of the Avenue Theatre’s 10-Year Project Timeline
Dear Ms. Huitron:
After nearly 10 years, we are quite excited about the near opening of this venue. Because so
much time has elapsed, we wanted to describe what transpired to this point. The original
budget for the project was determined to be $4.5M. To date, over $11M has been spent.
In 2014, the City of Downey’s Community Development Department issued an RFP for the
Avenue Theatre property, combined with the property on 2nd Street, which now occupies the
housing project completed by National CORE, today known as The View.
In early 2015, the City of Downey had received more than 11 responses to the RFP, with a
majority of them coming from residential housing developers mainly interested in just the 2nd
Street property. It was understood that most of the proposals for development of the Avenue
Theatre included complete demolition of the historic Avenue Theatre. Over time, the city
determined the development of the two properties to be inconsistent with each other and
began considering them separately.
Avenue Theatre LLC proposed to restore the historic theatre, and repurposing it to the more
current uses of a short-order NY pizzeria, an additional full-service restaurant, and a live
entertainment venue. The project committed to saving the unreinforced masonry edifice and,
essentially, constructing a building inside of a building. This is akin to building a ship inside of a
bottle. In Summer 2015, the City of Downey determined our proposal to be the most revered
and it was selected. We were granted an Exclusive Negotiating Agreement.
Coincidentally, in the same Summer of 2015, we began the construction of our very first
Gaucho Grill Argentine Steakhouse, here at the Promenade in Downey. We asked that the city
leaders grant us an extension of the ENA to give us proper time to construct and launch our
new restaurant, which did occur in Spring 2016. In early 2017, Mr. Gilbert Livas and Mr. Aldo
Schindler notified us that we needed to proceed with our Avenue Theatre project, or risk having
a back-up proposal be selected instead.
Attachment D
PC Agenda Page 95
Avenue Theatre, LLC
11022 Downey Avenue & 8010-8012 3rd Street
Downey, CA 90241
We worked throughout the year and submitted an application for the C.U.P., which was
granted by the Downey Planning Commission unanimously, on Wednesday, January 3, 2018.
We worked with our architects and engineers and finally submitted plans in late 2018. We
closed escrow on the property on June 26, 2019. Building permits were issued in October 2019
and we began construction in late January 2020. Just 6 weeks later, Covid shut down the
construction of our project.
During the course of the last 4 years, we have gone through intermittent delays and surges in
the construction cycle, but we did finally get there. In retrospect, we are very proud to have
completed the project, and to have honored this commitment to the City of Downey and the
community as a whole.
Kindest Regards,
Adrian Amosa, Principal
Kirk Cartozian, Principal
Avenue Theatre, LLC
Attachment D
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Avenue Theatre, LLC
11022 Downey Avenue & 8010-8012 3rd Street
Downey, CA 90241
May 9, 2024
Irma Huitron
Community Development Director
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Dear Ms. Huitron:
As the owners of Avenue Theatre, we are quite excited about the near opening of this venue.
Per our discussion, there are some component conditions of the January 2018 C.U.P. that we
would appreciate the city’s consideration in modifying. For both financial and logistical reasons,
these include the pylon roof sign variance, which was a suggestion coming from the applicant,
and the rooftop lounge component.
In 2017, when first discussing the C.U.P. application with Mr. Aldo Schindler, the restoration of
the theatre’s façade and marquee were deemed to be sufficient to satisfy the public art
component for this project. To capture additional exposure for the theatre, we proposed
adding back the pylon roof sign, and included that to be included in the public art component.
In 2015, the original scheduled budget for the project was $4.5M. During the course of
construction, which began in 2020, the actual expenditures have now exceeded $11M, nearly
triple what was planned.
By all accounts, the façade and marquee were tastefully restored, but the cost to engineer and
complete the pylon sign will cost nearly $100,000. We determined this to be financially
burdensome and unnecessary to capture what is already significant positive exposure for the
theatre.
We respectfully request the City of Downey to allow Avenue Theatre LLC to remove the pylon
roof sign (by way of variance) as a componenet of the C.U.P. and, thus, to allow the façade and
marquee components already completed to satisfy the public art component. We also request
the removal of the rooftop lounge from the C.U.P., as its cost would have been an additional
$2M to complete.
Kindest Regards,
Adrian Amosa, Principal
Kirk Cartozian, Principal
Avenue Theatre, LLC
Attachment E
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CDC 327 ACTION
REQUEST TO AMEND AUTHORIZATION FOR DEBENTURE GUARANTEE (504 LOAN)
Template 1. AMENDMENT TO BE MADE – EXTENSION OF AUTHORIZATION
TO: Sacramento Loan Processing Center DATE: 08/03/2023
U.S. Small Business Administration
6501 Sylvan Road, Suite 111
Citrus Heights, CA 95610-5017
RE: Applicant Name Avenue Theatre LLC
OC Name(s) (If applicant is an EPC) Avenue Pizza Inc
SBA 504 Loan Number 39051270-04
FROM: CDC Contact Name Advantage Certified Development Corporation
Contact Person Karen Canela
Phone (562) 983-7450
FAX
E-mail kcanela@504loans.org
____________________________________________________
Karen Canela
Signature and Title of CDC
Reason for extension :
CDC has reviewed:
x Tax returns for 2022 for:
x Borrower
Co-Borrower
Operating Company
x Financials for Affiliated Businesses
and there is no evidence of any material adverse change since the date of the 504 Loan
application.
This project has experienced construction delay based on materials availability and substantial
raise on all costs due to COVID. Materials that have been delayed are cement and switchboard.
The switchboard specifically had a delay time of 18 months. The project property is currently in
Attachment F
PC Agenda Page 98
the late stages of construction, with an anticipated completion of 6-8 months. Once construction
is complete the CDC can move forward with the closing and funding of the loan.
Currently pending to be done are the mechanical and electrical aspects. Moreover, none of the
businesses have started operations, therefore none of the building areas is currently being used by the
business. The borrower is estimating the 3 businesses (Avenue Pizza Inc dba Pizzeria, Beso
Entertainment dba Beso, Crawford Brewing dba Crawford) will begin their operations between the
months of October and November. Additionally, the borrowers do not have CO yet, CO will be obtained
once construction is complete.
New projections were not prepared, however the borrower indicated that, as they have done in other
restaurants they own and operate, they have increased prices to absorb higher operating costs. Same
will be done with businesses operated from the subject location. The profit margins percentage will
remain the same. Therefore, income would be sufficient to service the debt. CDC has received the
updated financial information on affiliated businesses; financial spreads for all affiliates except West
Covina Parkway LLC are being submitted in the Credit Memo with this request. West Covina Parkway
was sold this year, Final Seller’s Closing Statement is being submitted with this request.
Please make the following changes to the Authorization for the above-referenced loan:
In Section B.1.e. extend disbursement of Authorization for 12 months until August 09, 2024.
Small Business Administration
Sacramento Loan Processing Center
Action Number: ______
APPROVED DECLINED
______________________________________________ _____________________
_
Approving Officer Date
AGREE DISAGREE
______________________________________________ _____________________
_
Approving Officer Date
Attachment F
PC Agenda Page 99
From:Adrian Amosa adrian@gauchogrill.com
Subject:Fwd: COO - Avenue Theatre
Date:May 9, 2024 at 6:11 PM
To :Cartozian Kirk kirk@gauchogrill.com
Begin forwarded message:
From: Ahmad Shafique <AShafique@504loans.org>
Date: May 9, 2024 at 3:44:54 PM PDT
To: Adrian Amosa <adrian@gauchogrill.com>
Subject: COO - Avenue Pizzeria
Hi Adrian,
As I informed you, SBA has extended the approval date once, but has clearly informed us
that approval date will not be extended any more. Please see attached – see SBA’s notes
at the bottom. What this means is that should you decided to keep moving forward with
SBA loan, we would need to process a whole new loan application.
In regards to SBA’s Loan Funding, SBA funds all of its loans only once a month on the
third Wednesday of each month. For SBA to fund the loan, we need to submit Funding
Package to SBA over a month in advance. Funding Package requires COO for
construction transactions. In your case, Loan Approval is extended till August 9, 2024.
This really means that we must fund loan on the 3rd Wednesday of July – 3rd Wednesday
of August falls after 8/9/24. Last date for submitting Funding Packages for July funding to
SBA is June 3, 2024. We must have COO on or before June 3, 2024.
Should you have any questions, please contact me at your convenience.
Best Regards,
Ahmad Shafique
President
100 Oceangate, Suite 375, Long Beach, CA 90802
C 562/818-2228 | P 562/983-7450 Ext. 123 | F 562/508-4231
ashafique@504loans.org | www.504loans.org
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327 Action #5~Decision.pdf
Attachment G
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Attachment H
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2
I. INTRODUCTION AND BACKGROUND
The City of Downey (“City”) is currently moving forward with a strategy to redevelop the
downtown area of Downey, with a focus on the Downtown Core District, as directed by
the Downtown Downey Specific Plan (refer to Exhibit “A”). The strategy seeks to
implement several catalytic projects in the downtown area that will help reshape and
pave the way for similar and new redevelopment in the Downtown. The goal is to
encourage excellent architectural design, project quality, and sufficient density and size
to favorably impact the market and inspire further residential development in the
downtown area. It’s also important to create a pedestrian friendly environment around
any project which is compatible with its surroundings.
The City seeks a qualified developer with a proven track record to redevelop a key
Downtown property: the Avenue Theater (refer to Exhibits “B” and “C”), located at
11022 Downey Avenue, in the heart of Downtown. It is a one-story, approximately
10,000 square-foot structure built as a theatre in the late 1920s and was equipped for
live shows; dressing rooms still exist beneath the stage. The theatre evolved throughout
the years into a movie house, containing approximately 500 seats and was finally
closed in 2003. The existing L-shaped building fronts both Downey Avenue and 3rd
Street, with the bulk of the building located on the 3rd Street side. The east side of the
building is adjacent to an existing, public parking lot located between 2nd Street and 3rd
Street (see Exhibit “B”). Former redevelopment 20% tax increment, low-moderate
income set-aside funds were used to purchase the property. We will consider
thoughtful financial proposals regarding the redevelopment of the site.
II. INTENDED REDEVELOPMENT SCENARIO
In making the property available for redevelopment, the City anticipates advancing the
following development objectives:
Gateway: Make advantageous use of the prominent location along Downey
Avenue and provide active ground-floor uses.
District Uses and Identity: Provide primary uses that enhance the
neighborhood’s 24/7 vitality and contribute to the diversity that makes the
developing neighborhood desirable and attractive.
Safety and Connections: Enhance the real and perceived safety of the
neighborhood through street-level uses that generate positive economic activity
and enhance vibrancy between destinations.
Financial Terms: Minimize the need for financial assistance from the City and
maximize financial return.
Attachment H
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3
Toward this end, the City seeks proposals from qualified real estate development firms
to carry out this redevelopment. The City is setting forth the following parameters for all
proposals:
New Residential Units – Proposals for redevelopment to include a program that
constructs new housing units that enhance the desired downtown/urban
revitalization of the area. We seek to facilitate a project of sufficient density and
size to favorably impact the market and lead to further residential development in
the downtown area.
Public Parking and Parking Solutions – The Avenue Theater does not have
dedicated parking located onsite. As previously referenced, a narrow public
parking lot is located immediately adjacent to the property. Additionally, the City
has an adopted Downtown Plan that allows for the use of offsite parking and
valet systems to provide parking for the redevelopment and reuse of existing
buildings. All proposals should incorporate either one or both of the public
parking lots into any redevelopment scenario and should also evaluate and
suggest creative solutions for meeting parking requirements, including shared-
use parking, offsite parking, and other parking demand management strategies.
Entitlements – The selected developer, partnering with the City, would be
responsible for obtaining all entitlements, clearances, and permits necessary to
implement redevelopment of the property. PLEASE SEE THE DOWNTOWN
DOWNEY SPECIFIC PLAN REGARDING THE DEVELOPMENT STANDARDS.
The document can be found here:
http://www.downeyca.org/gov/cd/planning/special_zoning/default.asp
Restaurant Space – The Avenue Theater includes an approximately 1,600
square-foot section of the building that fronts Downey Avenue. As part of a
mixed-use development the City would entertain the incorporation of a high-
quality, sit-down restaurant. The selected developer will be responsible for
design and construction, not including tenant improvements, of this small, but
important restaurant space.
Community Space – The inclusion of community space in any redevelopment
program would be an advantage for any proposal. Community space should be
located on the ground floor and can be flexible and multipurpose and include
cultural programming and/or other community-serving programming.
III. CRITERIA FOR SELECTION OF THE DEVELOPER TEAM
1. Vision/Creativity of Redevelopment Proposal – How compelling and context-
based is the redevelopment proposal. In what significant ways does one proposal
separate itself from the others. How and to what extent does a proposal
incorporate sustainable development practices and modern urban planning
Attachment H
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4
principles. What separates one proposal’s approach to architectural design,
verse the others.
2. Developer Track Record – How capable is the developer team and what is the
likelihood of the developer being able to implement the project. How
experienced is the developer team with challenging infill projects that include the
reuse of buildings and development of new housing units.
3. Financial Feasibility and Cost Effectiveness – How realistic is the proposal
based on its economic assumptions. How cost effective is the proposal with
respect to both producing housing units and required public investment.
IV. SUBMITTAL REQUIREMENTS
Reponses to this RFP should provide the following:
Profile of the Developer Team – Background materials regarding the developer
team, experience, and track record in completing similar projects in downtown
settings.
Redevelopment Vision/Concept – A description of the proposed
redevelopment program. This includes both narrative and graphics necessary to
articulate the vision for redevelopment. This section should include summary
totals for square footage of development, total residential units, and other uses
as proposed.
Proposed Financing Plan – A preliminary proforma that clearly provides
information on total project costs, and proposed financing sources.
Proposed Generalized Timeframe – A preliminary schedule for entitlement,
construction, lease-up, and completion of the project.
VI. EVALUATION AND SELECTION PROCESS
Interested parties should provide five copies of a written proposal by December 12th to:
City of Downey
Community Development Department
Attn: Aldo E. Schindler, Director of Community Development
11111 Brookshire Avenue
Downey, CA 90241
Attachment H
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An optional pre-submittal conference, including a question/answer session, will occur on
November 13, 2014 at 10 AM at the City of Downey, 11111 Brookshire Avenue,
Downey, CA. 90241. A tour of the site will follow. During the selection process, the City
may choose to carry out interviews of developer teams that have submitted proposals.
Developer teams will be contacted directly by the City.
City of Downey staff will review all proposals submitted. The City will enter into an
exclusive negotiating agreement with the selected developer and anticipate beginning
redevelopment of the Avenue Theater in 2015.
NOTE TO ALL RESPONDENTS AND PROPOSERS: THE CITY OF DOWNEY
RESERVES THE RIGHT TO REJECT ALL SUBMITTALS AND AT ITS OPTION TO
TERMINATE THIS REQUEST FOR PROPOSAL, REISSUE IT WITH THE SAME OR
DIFFERENT CONDITIONS, OR EXTEND THE DATE FOR SUBMITTALS. THIS
REQUEST FOR PROPOSAL IS NOT AN OFFER TO CONTRACT WITH ANY
SPECIFIC PARTY. SELECTION OF A PARTY WITH WHOM TO ENTER INTO
EXCLUSIVE NEGOTIATIONS IS EXPECTED TO, BUT IS NOT GUARANTEED TO,
LEAD TO A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THIS PROJECT.
Attachment H
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EXHIBIT A
Downtown Downey Map
Attachment H
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EXHIBIT B
Location Map
Subject Site
Attachment H
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EXHIBIT C
Site Photographs
West View of Subject Site
North View of Subject Site
Attachment H
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Attachment I
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Attachment I
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Attachment I
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Attachment I
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Attachment I
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Attachment I
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Attachment I
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