Loading...
HomeMy WebLinkAbout3. PLN-14-00019 11402 Old River School Rd STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JUNE 4, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-14-00019 (CONDITIONAL USE PERMIT) - A REQUEST FOR REVISION “C” OF CONDITIONAL USE PERMIT 08-04 FOR AN EXISTING RESTAURANT (HABANA CAFÉ), WHICH CURRENTLY OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT. THE REQUEST IS TO MODIFY THE CONDITIONS OF APPROVAL TO ALLOW A DISC JOCKEY (DJ), KARAOKE AND A DANCE AREA; REMOVE RESTRICTION ON NUMBER OF LIVE MUSICIANS ALLOWED AT ONE TIME; AND TO MODIFY THE PERMITTED HOURS OF LIVE ENTERTAINMENT FROM 7:00 P.M. TO 2:00 A.M., SEVEN (7) DAYS A WEEK LOCATION: 11402 OLD RIVER SCHOOL RD. ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On January 24, 2014, the Applicant submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00019), seeking the Planning Commission’s requesting the approval of a modification to an existing conditional use permit (CUP 08-04, Revision B) to modify the existing conditions of approval to allow a Disc Jockey (DJ), karaoke and a dance area; to remove the restrictions on number of live musicians allowed at one time; and to modify the permitted hours of live entertainment from 7:00 p.m. to 2:00 a.m., seven (7) days a week. 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-14-00019 – A REQUEST FOR REVISION “C” OF CONDITIONAL USE PERMIT 08-04 FOR AN EXISTING RESTAURANT (HABANA CAFÉ), WHICH CURRENTLY OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT, THEREBY APPROVING THE MODIFICATION OF THE CONDITIONS OF APPROVAL TO ALLOW LIVE ENTERTAINMENT INCLUDING: A DISC JOCKEY, KARAOKE, LIVE BANDS WITH A LIMIT OF FIVE (5) MUSICIANS AND A 230 SQ. FT. DANCE AREA; AND MODIFYING THE PERMITTED HOURS OF LIVE ENTERTAINMENT FROM 6:00 PM TO 9:00 PM, MONDAY THROUGH THURSDAY AND FROM 7:00 P.M. TO 1:30 A.M. FRIDAY AND SATURDAY, ON PROPERTY LOCATED AT 11402 OLD RIVER SCHOOL RD, ZONED C-2 (GENERAL COMMERCIAL) PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 2 . SITE PHOTOGRAPH BACKGROUND The Applicant is requesting approval of a modification to an existing conditional use permit (CUP 08-04, Revision B) to modify the existing conditions of approval to allow a Disc Jockey (DJ), karaoke and a customer dance area; to remove the restrictions on number of live musicians allowed at one time; and to modify the permitted hours of live entertainment from 7:00 p.m. to 2:00 a.m., seven (7) days a week. This request is the latest of a series of proposals presented to the Planning Commission regarding live entertainment at the Habana Café restaurant. The Planning Commission actions are summarized as follows: • On April 16, 2008, the Planning Commission approved Conditional Use Permit No. 08-04, to permit an expansion to an existing liquor license from a Type 41 to Type 47 and to include a full bar area within the restaurant. • On December 17, 2008, the Planning Commission approved Conditional Use Permit No. 08-04, Revision A, allowing the previously approved bar area to be relocated to the rear of the restaurant. • On September 16, 2009, the Planning Commission approved Conditional Use Permit No. 08-04, Revision B allowing live entertainment within the existing restaurant, but required that the applicant return for a six-month review of the use and the conditions of approval. • On January 5, 2011, the Planning Commission completed a six-month review of the use and did not require further review of the live entertainment portion of the conditional use permit. PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 3 SITE PHOTOGRAPH The subject site is a rectangular-shaped lot measuring 76,860 sq. ft. lot, with 384.26 feet of frontage along Old River School Road and 200.11 feet along Burns Avenue. The property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of GC (General Commercial). It is developed with a multi-tenant shopping center composed of three buildings as follows: 1) Building A, a one-story, 6,000 sq. ft. restaurant, 2) Building B, a one-story, 13,350 sq. ft. multi-tenant building that includes a take-out restaurant, retail and office uses, and 3) Building C, a one-story multi-tenant building that includes service uses and a liquor store. The property is in an area with similarly-zoned properties and commercial developments. To the north is Burns. Ave., a used car dealership and Firestone Blvd.; to the south is one, multi-family development and a commercial multi-tenant building; to the west is Old River School Rd., a gas station and a multi-tenant shopping center; and single-family residentially zoned and developed properties abut the east property line. AERIAL PHOTOGRAPH Building A Building B Building C PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 4 DISCUSSION The subject site currently holds a conditional use permit (CUP 08-04, Revision B), that allows the Habana Café restaurant to have live entertainment and alcohol sales. Live entertainment is limited to a three piece band in a bar area at the rear/south end of the building. Alcohol sales are governed by a Department of Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license. The Applicant is requesting a modification to said conditional use permit to allow the following: • Live entertainment to include a Disc Jockey (DJ), karaoke, and customer dancing on a 230 sq. ft. dance floor in addition to the existing live band. • The removal of any restrictions regarding the quantity of musicians playing at any given time. • To allow live entertainment seven (7) days a week during the hours of 7:00 p.m. to 2:00 a.m. SOUTH VIEW OF SUBJECT SITE BUILDING In evaluating the original applications for a bar area, live entertainment and now this proposal, staff supported the requests but had concerns about potential noise generated from the establishment and the impacts of that noise upon the adjoining residential properties to the east and south. However, staff relaxed those concerns after considering the following: the main entrance to the restaurant is oriented west toward Old River School Road and the live entertainment area is to be approximately 63 lineal feet away from it; residential uses border the easterly and southerly sides of the subject property, but two freestanding, commercial buildings and adjacent parking lots on the east and south sides of the subject building, separate the restaurant building from any residential uses. Staff recognizes that the proposed use could create unwanted noise, and as such, has included a condition of approval to address this, should volume levels become a nuisance to adjacent PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 5 properties or uses. Staff recommends that the Planning Commission allow the following revisions to Conditional Use Permit 08-04: • Live entertainment shall be limited to the following types: Disc Jockey (DJ), live bands with a limit of five (5) musicians, karaoke, and a 230 sq. ft. dance floor. • Live entertainment shall only take place on the following days and times: Monday through Thursday 6:00 p.m. to 9:00 p.m., Friday 7:00 p.m. to 1:30 a.m. and Saturday 7:00 p.m. to 1:30 a.m. Live entertainment shall not occur on Sunday. Staff feels that the current limitation on the band musicians provided more than adequate controls for noise. However, the Downey Police Department has expressed that limiting them to no more than five (5) musicians will provide the same level of noise control as currently exists. With respect to the requested time changes, Staff finds that excluding Sunday and limiting weekday live entertainment hours from 6:00 p.m. to 9:00 p.m. will allow patrons to clear the restaurant earlier in the evening and thereby lessen the impacts on adjacent properties, while the proposed weekend hours for live entertainment, are consistent with recent Planning Commission approvals. The Commission should note that in the 3-1/2 years since the Planning Commission completed its six-month review of the conditional use permit for limited live entertainment, Police Department calls for service to this location have been minimal; most calls were related to a faulty alarm system. Staff has not received any formal noise or nuisance complaints from adjacent neighbors. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing use. The modification to an existing conditional use permit is for an existing restaurant, thereby staff feels that this request qualifies for this exemption. 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- 14-00019: 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 restaurant use on the subject property is consistent with its General Plan designation of “General Commercial”. Additionally, the proposed use is consistent with the City’s Zoning Ordinance since it is permitted in the C-2 zone, subject to the approval of a PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 6 conditional use permit. The proposed live entertainment activities will not impact the welfare of the nearby residential uses because conditions of approval are in place to address concerns related to noise, hours of operation, loitering, and security. Additionally, the Downey General Plan, Vision 2025, established Policy 1.1.5 to provide an appropriate amount of land area for recreation and entertainment. As such, the requested conditional use permit modification 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. 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 requested activities of the proposed live entertainment, with the conditions of approval set forth in this modification will not adversely affect adjoining land uses due to the manner in which the building housing the restaurant is oriented and designed. Specifically, the main entrance to the restaurant is oriented toward Old River School Road on the west side of the restaurant and the location of the live entertainment area is restricted to the southerly end of the restaurant building 63 lineal away from the main entrance, while the residential uses border the easterly and southerly sides of the subject site. In addition, two free- standing, commercial buildings on the east and south sides of the subject site separate the restaurant building and parking areas from the residential uses. 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 are adequate to allow the full development of the proposed modification in a manner not detrimental to the area. The property measures 76,860 square feet with a width of 384.26 feet along Old River School Road and a depth of 200.11 feet along Burns Avenue, which exceeds the minimum requirements of the Downey Municipal Code. 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 use 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 Old River School Rd. as a secondary arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Old River School Rd. between Firestone Blvd. and Stewart and Gray Rd., the existing Average Daily Traffic (ADT) volume is approximately 13,000 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 19,300 VPD demonstrating that Old River School Rd. has sufficient capacity to absorb any additional traffic the requested modification may create. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. Staff completed a review of the application and deemed it incomplete February 28, 2014, requesting corrections and further information from the applicant. Staff received said PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 7 corrections and information and deemed the application complete on April 21, 2014. Staff mailed notices of the pending public hearing to all property owners within 500 feet of the subject site and published the notice in the Downey Patriot on May 22, 2014. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-14-00019, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. ZONING MAP 500’ RADIUS MAP R-1 5,000 SUBJECT PROPERTY FIRESTONE BLVD RESOLUTION NO. ______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00019 – A REQUEST FOR REVISION “C” OF CONDITIONAL USE PERMIT 08-04 FOR AN EXISTING RESTAURANT (HABANA CAFÉ), WHICH CURRENTLY OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT, THEREBY APPROVING THE MODIFICATION OF THE CONDITIONS OF APPROVAL TO ALLOW LIVE ENTERTAINMENT INCLUDING: A DISC JOCKEY (DJ), KARAOKE, LIVE BANDS WITH A LIMIT OF FIVE (5) MUSICIANS AND A 230 SQ. FT. DANCE AREA; AND MODIFYING THE PERMITTED HOURS OF LIVE ENTERTAINMENT FROM 6:00 PM TO 9:00 PM, MONDAY THROUGH THURSDAY AND FROM 7:00 P.M. TO 1:30 A.M. FRIDAY AND SATURDAY, ON PROPERTY LOCATED AT 11402 OLD RIVER SCHOOL RD, ZONED C-2 (GENERAL COMMERCIAL) 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 January 24, 2014, the Applicant, Blanca Melendez, submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00019) seeking the Planning Commission’s approval of a modification to an existing conditional use permit (CUP 08-04, Revision B) and thereby define live entertainment at the Habana Café restaurant to include a Disc Jockey (DJ), karaoke and a customer dance area; to remove the restrictions on number of live musicians allowed at one time; and to modify the permitted hours of live entertainment from 7:00 p.m. to 2:00 a.m., seven (7) days a week. B. The subject property is zoned C-2 (General Commercial) with a land use designation of GC (General Commercial). C. On February 28, 2014, staff deemed the application incomplete, requesting corrections and further information from the applicant. D. On April 24, 2014, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. E. On May 22, 2014, notice of the pending public hearing was published in the Downey Patriot was sent to all property owners within 500’ of the subject site. E. The Planning Commission held a duly noticed public hearing on June 4, 2014, and after fully considering all oral and written testimony and 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 be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: Resolution No._______ Downey Planning Commission PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 2 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 restaurant use on the subject property is consistent with its General Plan designation of “General Commercial”. Additionally, the proposed use is consistent with the City’s Zoning Ordinance since it is permitted in the C-2 zone, subject to the approval of a conditional use permit. Activities of the proposed live entertainment, with the conditions of approval set forth in this modification, will not impact the welfare of the nearby residential uses. Additionally, the Downey General Plan, Vision 2025, established Policy 1.1.5 to provide an appropriate amount of land area for recreation and entertainment. As such, the requested conditional use permit modification 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. 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 requested activities of the proposed live entertainment, with the conditions of approval set forth in this modification will not adversely affect adjoining land uses due to the manner in which the building housing the restaurant is oriented and designed. Specifically, the main entrance to the restaurant is oriented toward Old River School Road on the west side of the restaurant and the location of the live entertainment area is to be 63 lineal away from it, while the residential uses border the easterly and southerly sides of the subject site. In addition, two free-standing, commercial buildings on the east and south sides of the subject site separate the restaurant building and parking areas from the residential uses. 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 are adequate to allow the full development of the proposed modification in a manner not detrimental to the area. The property measures 76,860 square feet with a width of 384.26 feet along Old River School Road and a depth of 200.11 feet along Burns Avenue, which exceeds the minimum requirements of the Downey Municipal Code. 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 use 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 Old River School Rd. as a secondary arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Old River School Rd. between Resolution No._______ Downey Planning Commission PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 3 Firestone Blvd. and Stewart and Gray Rd., the existing Average Daily Traffic (ADT) volume is approximately 13,000 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 19,300 VPD demonstrating that Old River School Rd. has sufficient capacity to absorb any additional traffic the requested modification may create. SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN-14-00019 (Conditional Use Permit 08-04, Revision C), subject to the Conditions of Approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of June 2014. _______________________ Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 4th day of June, 2014, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: ______________________ Mary Cavanagh, Secretary City Planning Commission Resolution No._______ Downey Planning Commission PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 4 EXHIBIT A – CONDITIONS OF APPROVAL PLN-14-00019 (CONDITIONAL USE PERMIT 08-04, REVISION C) PLANNING 1) The approval of PLN-14-00019 (Conditional Use Permit No. 08-04, Revision C) permits the operation of a restaurant with live entertainment, a bar area at the rear/south end of the building, and a Department of Alcoholic Beverage Control Type 47 (on-sale general, eating place) license. 2) Approval of this Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) 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. 4) Resolution No. 2599, which approved Conditional Use Permit No. 08-04, Revision B is hereby revoked and deemed null and void. 5) Live entertainment shall be limited to the following types: a Disc Jockey (DJ), live bands with a limit of five (5) live musicians, karaoke, and a 230 sq. ft. dance floor area for customer dancing. 6) Hours of operation for the live entertainment shall be limited to the following: Monday through Thursday, 6:00 p.m. to 9:00 p.m., and Friday and Saturday 7:00 p.m. to 1:30 a.m. Live entertainment shall not occur on Sunday. 7) Windows and doors shall remain closed during entertainment periods except for emergency egress requirements. 8) The dance floor area shall be limited to an approximate 230 sq. ft. (10.5 ft. x 21.5 ft.) area within the rear/south bar area. 9) There shall be no cover charge for the admission to the business. 10) The restaurant shall not operate as a banquet facility. Should private events utilize a portion of the facility, the restaurant shall remain open for the general public. 11) Customers shall not be within the business after closing hours. 12) 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. 13) 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. Resolution No._______ Downey Planning Commission PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 5 14) The owner/applicant shall comply with all City of Downey noise regulations. 15) The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 16) The owner/applicant shall be responsible for ensuring the subject property is free of litter and graffiti. Should graffiti be applied, the owner/applicant shall remove the graffiti within 24 hours. 17) The owner/applicant shall not permit any loitering on the property. 18) All signs shall comply with the requirements set forth in the Downey Municipal Code. 19) The owner/applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. POLICE 20) Within thirty (30) days of the Planning Commission’s approval of PLN-14-00019, and prior to commencement of new live entertainment activities, the owner/applicant shall obtain a Police Permit for the permitted live entertainment. 21) A copy of the Conditional Use Permit and Police Permit shall be prominently posted on the premises at all times. The owner/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 owner/applicant shall provide a Security Plan to the Downey Police Department at such time as determined by the Chief of Police. 23) The owner/applicant shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by 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 necessary. 24) 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). Resolution No._______ Downey Planning Commission PLN-14-00019 (CUP 08-04, Rev. C) – 11402 Old River School Rd. June 4, 2014 - Page 6 BUILDING 25) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 26) The owner/applicant shall comply with American Disabilities Act (ADA) standards. 27) Prior to the commencement of any construction, the owner/applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit finals prior to beginning operation of the site. 28) Occupancy loads shall be posted and comply with the 2013 California Building Code. FIRE 29) The owner/applicant is to install a Knox® Rapid Entry Box. Knox® Box’s shall be mounted at a height not greater than 10 feet for protruding boxes or 6 feet for flush mounted boxes. 30) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. PUBLIC WORKS 31) The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials and methods of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey’s Standards Plans and Specifications. 32) The owner/applicant 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 Water Resources Control Board, and Ordinance 1142 of the Downey Municipal Code (DMC) for all onsite construction. Furthermore, the owner/applicant shall and is required to certify and append Public Works standards as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 33) The owner/applicant shall maintain on-site inlet drain boxes to prevent clogs.