HomeMy WebLinkAbout1. PLN-13-00221 - 11140 Downey
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: FEBRUARY 5, 2014
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
JESSICA J. FLORES, ASSOCIATE PLANNER
SUBJECT: PLN-13-00221 (CONDITIONAL USE PERMIT) - A REQUEST TO ALLOW A
TYPE 40 (ON SALE BEER) ABC LICENSE, THE OPERATION OF LIVE
ENTERTAINMENT AND COMMERCIAL RECREATION (YOGA, TAI CHI,
PILATES, AND MEDITATION SESSIONS) AT AN EXISTING BUSINESS (STAY
GALLERY)
LOCATION: 11140 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN - FIRESTONE BLVD
GATEWAY DISTRICT)
REPORT SUMMARY
On October 22, 2013, Valentin Flores submitted a Land Use Permit Application (hereinafter
referred to as PLN-13-00221), seeking the Planning Commission’s approval of a conditional use
permit to allow a Type 40 (On Sale Beer) ABC license, the operation of live entertainment and
commercial recreation (Yoga, Tai Chi, Pilates, and meditation sessions) at an existing business
(Stay Gallery). After reviewing the Applicant’s request, staff recommends that the Planning
Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00221 (CONDITIONAL USE PERMIT) - A REQUEST TO
ALLOW A TYPE 40 (ON SALE BEER) ABC LICENSE, THE OPERATION OF LIVE
ENTERTAINMENT AND COMMERCIAL RECREATION (YOGA, TAI CHI,
PILATES, AND MEDITATION SESSIONS) AT AN EXISTING BUSINESS (STAY
GALLERY) ON PROPERTY LOCATED AT 11140 DOWNEY AVENUE, AND
ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN - FIRESTONE BLVD
GATEWAY DISTRICT)
BACKGROUND
The Applicant, Valentin Flores, is requesting approval of a conditional use permit to allow a Type
40 (On Sale Beer) ABC license, the operation of live entertainment and commercial recreation
(Yoga, Tai Chi, Pilates, and meditation sessions) at an existing business (Stay Gallery, a cultural
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 2
institution) located at 11140 Downey Avenue. Mr. Flores has operated Stay Gallery since
October, 2012.
The 6,170 square foot (0.14 acre) site has 66.50 feet of frontage along Downey Avenue and the
lot depth is approximately 147 feet. Located on the east side of Downey Avenue, north of
Firestone Boulevard, the property is zoned DDSP (Downtown Downey Specific Plan - Firestone
Blvd Gateway District) with a General Plan Land Use Designation of General Commercial (GC).
Retail buildings border the north and east side of the property, an office building and Downey
Avenue are located to the west of the building and retail buildings and Firestone Boulevard exist to
the south.
A 3,968 square foot, multi-tenant commercial building comprises most of the subject site, with
four (4) on-site parking spaces.
AERIAL PHOTOGRAPH
DISCUSSION
Stay Gallery occupies the center tenant space at the subject property, and is made-up of 1,225 sq.
ft. on the first floor and 375 sq. ft. of mezzanine, totaling 1,600 sq. ft. of floor area. Other tenants of
the building include a beauty salon, printing service and a retail store.
SUBJECT PROPERTY
N
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 3
FRONT ELEVATION
REAR ELEVATION
Currently, Stay Gallery is considered a “Cultural Institution” per Table 2.1. – Permitted Uses by
Land Use District of Chapter 2 of the Downtown Downey Specific Plan (DDSP), because it is an
institution (i.e. an art gallery) that provides for the displaying of objects of interest in the arts. As
such, it has thrived by operating on-going exhibitions and providing a location for cultural events
in the downtown. Due to their continued success, Mr. Flores, Stay Gallery Executive Director,
has found it necessary to request a conditional use permit allowing the following:
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 4
1. A Type 40 (On Sale Beer) ABC license; and
2. Live entertainment, as further described hereto; and
3. Commercial recreation, as further described hereto.
Mr. Flores proposes to use 1,225 sq. ft. of the first floor within the tenant space for the proposed
live entertainment and commercial recreation (i.e. yoga, tai chi, pilates, and meditation
sessions) uses. Moreover, the Type 40 (On Sale Beer) ABC license runs with the applicant’s
address and as such, beer can be consumed within the entire tenant space.
.
Type 40 (On Sale Beer) ABC License
Since it’s opening in late 2012, Stay Gallery has hosted a number of art exhibits and events.
During such events, Mr. Flores noticed there was a demand for alcoholic beverages. As such,
and being that the gallery currently lacks any type of ABC license, Mr. Flores obtained multiple,
Special One-day Event ABC licenses for these events on an as-needed basis.
After working closely with the California Department of Alcohol and Beverage Control (ABC) to
come up with the best type of alcohol license for his current use as a cultural institution, Mr.
Flores is requesting the Planning Commission’s approval of a conditional use permit, which will
him to acquire a Type 40 (On Sale Beer) ABC license from the state, as a means to attract
people to their art exhibitions and generate additional income more efficiently.
A Type 40 (On Sale Beer) ABC license authorizes the sale of beer only, for consumption on or
off the premises where sold. No wine or distilled spirits may be on the premises and full meals
are not required; however, sandwiches or snacks must be available. Consequently, Mr. Flores
constructed a counter and sinks within the existing tenant space to accommodate this
requirement. The applicant proposes to serve “beer only” during exhibitions and events where
the majority of the patrons are over the age of 21; however, the Commission must note that the
proposed type of license allows for minors on the premises at all times. Staff has included a
condition of approval for the sale and consumption of beer to be limited to the hours between
12:00 p.m. to 1:00 a.m.
Additionally, staff is aware that Mr. Flores would like to continue to enjoy the flexibility that the
Special One-day Event ABC license permits provide for those times the gallery wants to serve
wine or other types of spirits. It is staff’s opinion that limiting the quantity of Special One-day
Event ABC license permits issued to Stay Gallery, will allow Mr. Flores the flexibility he desires
for the events he plans throughout the year, while taking into account staff’s concern with the
applicant’s lack of an appropriate permanent wine and spirits ABC license. As such, staff has
included a condition of approval limiting the quantity of Special One-day Event ABC license
permits to 12 per calendar year.
Live Entertainment
Seeing a demand from local musicians and other artists, Mr. Flores is requesting this conditional
use permit allow for live entertainment within Stay Gallery, thereby providing the gallery an
opportunity to become a full “cultural institution”. The applicant finds that permitting live
entertainment, will offer varying entertainment options while increasing foot-traffic in the downtown
area. He requests the following types of live entertainment be allowed through this CUP:
1. Live musical performances (amplified and acoustic)
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 5
2. Cinema (movie nights and movie screenings)
3. Readings (poetry and spoken word)
4. Stand-up Comedy
5. Theatre (monologues, plays and musicals)
6. Interpretive and Modern Dance, does not allow for a dance floor
7. Karaoke
8. Disc Jockey, only as an ancillary use to an exhibit or special event
9. Fashion Shows
The applicant proposes to limit the days and times at which live entertainment may occur to
Thursdays and Fridays 7:00 p.m. to 1:00 a.m., Saturdays 11:00 a.m. to 1:00 a.m. and Sundays
11:00 a.m. to 12:00 a.m.
Staff finds that allowing a broad array of live entertainment, as requested by the applicant, while
limiting the days and times as proposed, allows the applicant the opportunity to achieve his vision
for the gallery while promoting the Vision 2025 General Plan Policy 1.1.5 (obliging the appropriation
of land area for recreation and entertainment) and Program 1.1.5.3 (promoting recreation and
entertainment uses that serve the public).
It is important to note that no residentially-zoned properties or uses exist adjacent to, or within,
approximately 850 lineal feet of the subject property currently; however, a 50-unit apartment
complex (The View) is under construction immediately northeast of the subject property.
Consequently, staff has included conditions of approval to mitigate any issues that could potentially
arise with the future, adjacent residential use.
Commercial Recreation
The applicant is also requesting this CUP for commercial recreation within the gallery to provide an
exercise facility within a creative environment. Commercial recreation is defined in Appendix B –
Definitions of the DDSP as “any use providing pleasure, sport, diversion, exercise or other
resource affording relaxation and enjoyment”. Mr. Flores proposes to provide body and mind
wellness classes that include yoga, power yoga (piyo), tai chi, pilates and meditation sessions
during the following days and times:
Sundays and Mondays –6:00 a.m. to 10:00 a.m.
Tuesdays – 7:00 p.m. to 10:00 p.m.
Wednesdays – 6:00 a.m. to 9:00 a.m.
Fridays– 12:00 p.m. to 1:00 p.m.
Staff finds that allowing for commercial recreation within the existing gallery will promote the Vision
2025 General Plan Policy 1.1.5 and Program 1.1.5.3 as previously mentioned.
Parking
The requests, a Type 40 (On Sale Beer) ABC license, live entertainment, and commercial
recreation do not intensify the existing “cultural institution” business/use being that the ABC license
and live entertainment are proposed within the confines of an existing business, and commercial
recreation requires less parking (1 per 300 sq. ft.) than that of a “cultural institution” use (1 per 5
persons based on a maximum occupancy load of 15) and as such, parking requirements do not
increase.
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 6
FINDINGS
Section 9824 of the Downey Municipal Code describes the intent and purpose of conditional use
permits and describes the procedure to approve them. Pursuant to Section 9824.06, staff has
reviewed the proposal and has developed the following findings to support the approval of PLN-
13-00221:
1. That 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’s use as a “cultural institution” is consistent with its General Plan
designation of “Mixed Use” being that it is a development that exhibits the physical design
characteristics of pedestrian-oriented, storefront-style design, that creates a more active
and vibrant street life. Additionally, the uses this conditional use permit will allow, facilitate
the fulfillment of Vision 2025 General Plan Policy 1.1.5, which obliges the appropriation of
land area for recreation and entertainment and Program 1.1.5.3, which requires the
promotion of recreation and entertainment uses that serve the public. This conditional use
permit request will enhance the cultural aspect of the existing use and does not propose to
change the existing development, by continuing the subject site’s compatibility with the
development patterns and scale in the immediate area. Nevertheless, the requested
conditional use permit could adversely affect the purpose and intent of the Downey
Municipal Code, if the proposed uses generate sufficient noise to effect adjacent tenants
and impending residential uses in the vicinity. The Vision 2025 General Plan established a
goal to minimize noise impacts on sensitive land uses. Therefore, conditions of approval
have been prepared to address potential noise impacts.
2. That the requested use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
The subject site is in a fully developed area of the City, with few if any vacant properties in
the immediate vicinity. Inasmuch as the proposed use currently exists within a tenant
space, the proposed uses will not prevent surrounding properties from being
developed/redeveloped. Although one of the requests within this conditional use permit, live
entertainment, has the potential to create a noise impact, conditions of approval have been
included to mitigate such impacts. As such, the requested uses will not adversely affect
adjoining land uses or the growth and development of the area.
3. That 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 size and shape of the subject property is adequate to allow the full development of the
proposed use in a manner not detrimental to the area. A 3,968 square foot, multi-tenant
commercial building and four (4) parking spaces comprise the subject site. The existing
gallery, for which this conditional use permit is being considered, occupies the center unit of
the four tenant spaces that the building consists of. The other tenants of the building
include a printing service, beauty salon, and retail store. The proposed uses will be
contained within an existing tenant space and does not require an expansion of the
building. Even though minimal tenant improvements may be required, the improvements
will not impact the existing uses on the site or other properties in the area.
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 7
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The traffic generated by the proposed uses will not impose an undue burden upon the
streets and highways in the area. The Final Environmental Impact Report (FEIR) that was
prepared for the Downey Vision 2025 General Plan (SCH #2004031159), Chapter 2 -
Circulation, Figure 2.1-1 - Circulation Plan, classifies Downey Avenue as a secondary
arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on
Downey Avenue between Firestone Boulevard (south of the subject site) and Florence
Avenue (north of the subject site), the existing Average Daily Traffic (ADT) volume is
approximately 12,200 Vehicles Per Day (VPD) and the adopted capacity as shown in
Figure 2.1-3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 15,000 VPD
demonstrating that Downey Avenue has sufficient capacity to absorb any additional traffic
the requested uses may create.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any written correspondence
regarding this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-13-00221, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development\Flores\Planning\Cases\CUP\2013\PLN-13-00221 Stay Gallery\PLN-13-00221, 11140
Downey Avenue (Stay Gallery) Staff Report.doc
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 8
SITE LOCATION:
11140 Downey Avenue
ZONING MAP
SUBJECT
PROPERTY
PLN-13-00221 11140 Downey Avenue
February 5, 2014 - Page 9
AERIAL PHOTOGRAPH
500’ RADIUS MAP
SUBJECT PROPERTY
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00221 (CONDITIONAL USE PERMIT) - A REQUEST TO
ALLOW A TYPE 40 (ON SALE BEER) ABC LICENSE, THE OPERATION OF
LIVE ENTERTAINMENT AND COMMERCIAL RECREATION (YOGA, TAI CHI,
PILATES, AND MEDITATION SESSIONS) AT AN EXISTING BUSINESS (STAY
GALLERY) ON PROPERTY LOCATED AT 11140 DOWNEY AVENUE, AND
ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN - FIRESTONE BLVD
GATEWAY DISTRICT)
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 October 22, 2013, Valentin Flores submitted a Land Use Permit Application
(hereinafter referred to as PLN-13-00221), seeking the Planning Commission’s
approval of a conditional use permit to allow a Type 40 (On Sale Beer) ABC license, the
operation of live entertainment and commercial recreation (Yoga, Tai Chi, Pilates, and
meditation sessions) at an existing business (Stay Gallery), in Downey.
B. The subject property is zoned DDSP (Downtown Downey Specific Plan - Firestone Blvd
Gateway District) with a land use designation of “MU” (Mixed Use).
C. On November 20, 2013, staff deemed the application complete.
D. On January 2, 2014, notice of the pending application was published in the Downey
Patriot but, notice was not mailed to all property owners within 500’ of the subject
site. As such, the Planning Commission continued the item at their January 15, 2014,
meeting, to the next regularly scheduled Planning Commission meeting of February
5, 2014.
E. The Planning Commission held a duly noticed public hearing on February 5, 2014,
and after fully considering all oral and written testimony, facts, and opinions offered
at the aforesaid public hearing adopted this resolution, subject to conditions of
approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
comply with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15301 (Class 2, Existing Facilities).
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:
1. That 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’s use as a “cultural institution” is consistent with its General Plan
designation of “Mixed Use” being that it is a development that exhibits the physical
design characteristics of pedestrian-oriented, storefront-style design, that creates a more
active and vibrant street life. Additionally, the uses this conditional use permit will allow,
Resolution No.
Downey Planning Commission
Conditional Use Permit (PLN-13-00221) – 11140 Downey Avenue
February 5, 2014 - Page 2
facilitate the fulfillment of Vision 2025 General Plan Policy 1.1.5, which obliges the
appropriation of land area for recreation and entertainment and Program 1.1.5.3, which
requires the promotion of recreation and entertainment uses that serve the public. This
conditional use permit request will enhance the cultural aspect of the existing use and
does not propose to change the existing development, by continuing the subject site’s
compatibility with the development patterns and scale in the immediate area.
Nevertheless, the requested conditional use permit could adversely affect the purpose
and intent of the Downey Municipal Code, if the proposed uses generate sufficient noise
to effect adjacent tenants and impending residential uses in the vicinity. The Vision 2025
General Plan established a goal to minimize noise impacts on sensitive land uses.
Therefore, conditions of approval have been prepared to address potential noise
impacts.
2. That the requested use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
The subject site is in a fully developed area of the City, with few if any vacant properties
in the immediate vicinity. Inasmuch as the proposed use currently exists within a tenant
space, the proposed uses will not prevent surrounding properties from being
developed/redeveloped. Although one of the requests within this conditional use permit,
live entertainment, has the potential to create a noise impact, conditions of approval
have been included to mitigate such impacts. As such, the requested uses will not
adversely affect adjoining land uses or the growth and development of the area.
3. That 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 size and shape of the subject property is adequate to allow the full development of
the proposed use in a manner not detrimental to the area. A 3,968 square foot, multi-
tenant commercial building and four (4) parking spaces comprise the subject site. The
existing gallery, for which this conditional use permit is being considered, occupies the
center unit of the four tenant spaces that the building consists of. The other tenants of
the building include a printing service, beauty salon, and retail store. The proposed uses
will be contained within an existing tenant space and does not require an expansion of
the building. Even though minimal tenant improvements may be required, the
improvements will not impact the existing uses on the site or other properties in the area.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The traffic generated by the proposed uses will not impose an undue burden upon the
streets and highways in the area. The Final Environmental Impact Report (FEIR) that
was prepared for the Downey Vision 2025 General Plan (SCH #2004031159), Chapter 2
- Circulation, Figure 2.1-1 - Circulation Plan, classifies Downey Avenue as a secondary
arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on
Downey Avenue between Firestone Boulevard (south of the subject site) and Florence
Avenue (north of the subject site), the existing Average Daily Traffic (ADT) volume is
approximately 12,200 Vehicles Per Day (VPD) and the adopted capacity as shown in
Figure 2.1-3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 15,000
VPD demonstrating that Downey Avenue has sufficient capacity to absorb any additional
Resolution No.
Downey Planning Commission
Conditional Use Permit (PLN-13-00221) – 11140 Downey Avenue
February 5, 2014 - Page 3
traffic the requested uses may create.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Conditional
Use Permit (PLN-13-00221), subject to conditions of approval attached hereto as Exhibit A,
which are necessary to preserve the health, safety and general welfare of the community and
enable the Planning Commission to make the findings set forth in the previous sections. The
conditions are fair and reasonable for the accomplishment of these purposes
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of February, 2014
Louis Morales, 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 5th day of February,
2014, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No.
Downey Planning Commission
Conditional Use Permit (PLN-13-00221) – 11140 Downey Avenue
February 5, 2014 - Page 4
EXHIBIT A – CONDITIONS OF APPROVAL
PLN-13-00221 (CONDITIONAL USE PERMIT)
1) The approval of this Conditional Use Permit (PLN-13-00221) allows for a Type 40 (On
Sale Beer) ABC license, the operation of live entertainment and commercial recreation
at an existing business (Stay Gallery) on property located at 11140 Downey Avenue.
2) Approval of the Conditional Use Permit (PLN-12-00221) shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal, State,
County, and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees to indemnify, defend and hold harmless, at Applicant's
expense, City and City's agents, officers and employees from and against any claim,
action or proceeding commenced within the time period provided in Government Code
Section 66499.37 to attack, review, set aside, void or annul the approval of this
resolution, to challenge the determination made by City under the California
Environmental Quality Act or to challenge the reasonableness, legality or validity of any
condition attached hereto. City shall promptly notify Applicant of any such claim, action
or proceeding to which City receives notice, and City will cooperate fully with Applicant in
the defense thereof. Applicant shall reimburse the City for any court costs and attorney's
fees that the City may be required to pay as a result of any such claim, action or
proceeding. City may, in its sole discretion, participate in the defense of any such claim,
action or proceeding, but such participation shall not relieve Applicant of the obligations
of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) The applicant will only to serve alcohol within the confines of the existing tenant space in
which the business exists.
6) The sale and consumption of alcoholic beverages is limited to the hours between 12:00
p.m. and 1:00 a.m. Monday through Sunday.
7) Live entertainment is limited to the following types:
Live musical performances (amplified and acoustic)
Cinema (movie nights and movie screenings only)
Readings (poetry and spoken word only)
Stand-up Comedy
Theatre (monologues, plays and musicals only)
Performance of Interpretive and Modern Dance
Karaoke
Disc Jockey, only as an ancillary use to an exhibit or special event
Fashion Shows
Resolution No.
Downey Planning Commission
Conditional Use Permit (PLN-13-00221) – 11140 Downey Avenue
February 5, 2014 - Page 5
8) A dance floor is not allowed at any time.
9) Live entertainment is limited to the followings days and times:
Thursdays and Fridays - 7:00 p.m. to 1:00 a.m.
Saturdays - 11:00 a.m. to 1:00 a.m.
Sundays - 11:00 a.m. to 12:00 a.m.
10) Commercial Recreation is limited to the following types:
Yoga
Power Yoga (Piyo)
Tai Chi
Pilates
Meditation classes
11) Commercial Recreation is limited to the following days and times:
Sundays and Mondays - 6:00 a.m. to 10:00 a.m.
Tuesdays - 7:00 p.m. to 10:00 p.m.
Wednesdays - 6:00 a.m. to 9:00 a.m.
Fridays– 12:00 p.m. to 1:00 p.m.
12) The Applicant shall remove any graffiti applied to the site within 48 hours.
13) The door on the east (rear) side of the business (facing the adjacent parking lot and
alley) shall remain closed at all times, except to permit emergency egress as needed.
14) There shall be no customer exiting through the east (rear) door or loitering within the
subject site, adjacent parking lot, alley or adjacent properties at any time.
15) Noise generated from the business shall not exceed 65 db(A) as measured from the
property line.
16) The business owner shall keep all areas under his/her control free of litter and debris.
17) All signs shall comply with the requirements set forth in the Downey Municipal Code.
18) All construction shall comply with the 2014 California Building Code and Title 24 of the
California Energy Code.
19) Prior to the commencement of any construction, the owner/applicant shall obtain all
required permits. Additionally, the applicant shall obtain all necessary inspections, permit
finals, and a Certificate of Occupancy (CofO) prior to the implementation of this
conditional use permit.
20) Occupancy loads shall be posted and be limited to 137 Standing Room Only (SRO) and
98 non-fixed chairs as per the 2014 California Building Code.
Resolution No.
Downey Planning Commission
Conditional Use Permit (PLN-13-00221) – 11140 Downey Avenue
February 5, 2014 - Page 6
21) A copy of the Conditional Use Permit shall be prominently posted on the premises at all
times. The applicant shall make available said copies upon request by any Police Officer
or other City official charged with the enforcement of the City’s laws, ordinances, or
regulations.
22) The Applicant shall obtain any and all required Fire Department permits.
23) The Applicant shall obtain any and all required Police Department permits.
24) The Applicant shall provide licensed and bonded, uniformed patrolmen or security
guards at such times as determined by, and in consultation with, the Chief of Police.
The number of security guards shall be determined by the Chief of Police and may be
increased or decreased as the Chief of Police determines is necessary.
25) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises.
26) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the California Department of Alcohol and Beverage Control (ABC) to the
applicant and any applicable regulations of ABC.
27) Special One-day Event ABC license permits are limited to 12 per calendar year and shall
be approved at the discretion of the Police Department.
H:\Community Development\Flores\Planning\Cases\CUP\2013\PLN-13-00221 Stay Gallery\PLN-13-00221, 11140
Downey Avenue (Stay Gallery), Reso.doc