HomeMy WebLinkAbout5. PLN-15-00132 8239 Second StSTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 21, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-
05) – A REQUEST TO AMEND CONDITIONS OF APPROVAL ON A
RESTAURANT THAT OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL (ABC) TYPE 41 LICENSE AND LIVE ENTERTAINMENT
LOCATION: 8237-8239 SECOND STREET
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
BACKGROUND
The Planning Commission held public hearings on August 19 and September 16, 2015, to
discuss PLN-15-00132; a proposal by Mr. David Devis, the Applicant and owner of “Epic
Lounge/LA Buns”, to modify the previously-approved conditions of approval for his business.
The Epic Lounge/LA Buns is located at 8237-8239 Second Street, Downey. At both public
hearings, the Planning Commission received testimony from the applicant that addressed his
request to extend the hours of operation for the restaurant/night club, to add outdoor patios on
the front of the site (facing Second St) and at the rear of the site (facing the parking lot), and to
change the ABC license from a Type 41 (On-sale Beer and Wine, Eating Place) to a Type 47
(On-sale General, Eating Place).
The Planning Commission discussed the proposed hours of operation for the restaurant portion of
the business and expressed no concern about the 2 a.m. closing time. However, Downey
Municipal Code (Section 6507.1) requires live entertainment activities to cease at 1:30 a.m. daily.
In addition, the Planning Commission questioned whether the applicant would want to allow
patrons to consume alcoholic beverages in the rear patio area and if there would be more outdoor
lighting provided at the rear patio area. The applicant indicated that if allowed, he would like to
serve alcohol in the rear patio area. The Planning Commission also reviewed the proposed
outdoor front patio adjacent to LA Buns (fronting Second St), but expressed no concern about it.
After evaluating the project thoroughly, the Planning Commission determined that staff should
work with the applicant and the Downey Police Department to revise the proposed conditions of
approval for the rear patio area in consideration of the patio fencing material, the fence height,
and outdoor lighting. The Planning Commission also wanted the Applicant and staff to develop a
security plan for the business. With the applicant’s consent, the Planning Commission continued
the PLN-15-00132 public hearing to a date uncertain, but not to exceed October 21, 2015.
Agenda Page 1
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 2
DISCUSSION
In response to the Planning Commission’s direction, staff revised the conditions of approval and
prepared the following data for the Commission to review:
Rear Outdoor Patio
On August 24, 2015, City staff met the applicant to discuss the above described issues. At the
end of the meeting, the applicant expressed that the rear patio will not function as an entrance/
exit for the Epic Lounge. He agreed to reduce the size of the rear outdoor patio area and to
enclose the patio area using doors with panic hardware devices that will comply with the
requirements of the Fire Department and Building Code. In addition, the applicant will construct a
six (6’) foot high patio fence with aluminum or wood horizontal panels spaced a minimum distance
of two inches apart for increased visibility and safety. Staff prepared new conditions of approval
(7, 8, and 9) to address these items.
Security Plan
The applicant submitted a security plan to the Downey Police Department to address the Planning
Commission’s concerns about on-site security. The security plan calls for a minimum of three (3)
licensed security guards to be posted at various locations throughout the business and at the rear
outdoor patio area (See attached Exhibit C). The Chief of Police approved the security plan and
staff prepared Condition No. 27 to address Commissioners’ concerns. The Security Plan
addresses the Planning Commission’s concerns about underage patrons by requiring portable
detection scanners to prevent patrons from using false identification and to help verify the age-
appropriateness of patrons. It also states that no person under the age of 18 years of age will be
permitted on the premises after 10:00 p.m., without an accompanying adult.
This is consistent with Article VI, Chapter 5 of the Downey Municipal Code, which governs various
types of dance halls. One type of dance hall that is governed by this chapter is a “café
entertainment” venue where entertainment is being provided in conjunction with the sale and
consumption of food and beverage. The definition of live entertainment for café entertainment
venues is broad and includes activities such as DJ, juke box, karaoke, dancing, and bands.
Section 6507.2 states that no restaurant where dancing is allowed and where alcoholic beverages
are sold/consumed can operate without a permit issued by the Chief of Police. Section 6507.3 of
the Code prohibits minors in any place where a dance hall permit (from the Chief of Police) is
required where alcoholic beverages are sold, offered for sale or consumed. It provides that no
minors are permitted in a venue when there is entertainment occurring and alcohol is being sold
and or consumed. Consequently, minors are prohibited from the areas of Epic Lounge/ LA Buns
where live entertainment occurs in conjunction with the sale of alcoholic beverages.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
Agenda Page 2
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 3
CONCLUSION
Staff recommends that the Planning Commission adopt a resolution approving PLN-15-00132,
subject to conditions of approval.
EXHIBITS
A. Revised Patio Plan
B. Rear Patio Fence Elevation
C. Security Plan
D. Draft Resolution (Revision ‘F’ to CUP 03-05)
E. August 19 and September 16, 2015 Staff Reports
F. Original Approved Conditions of Approval (Revision ‘D’ of Resolution 09-2583 and
Revision ‘E’ of Resolution 11-2721)
Agenda Page 3
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 4
Agenda Page 4
CITY OF DOWNEY
PLANNING DIVISION
NORTHEXHIBIT ‘A’
PROJECT No.
PROJECT LOCATION
REAR PATIO PLAN
PLN-15-00132 (CUP)
8237-8239 SECOND ST
Private Parking Lot
Proposed
Proposed
Rear Patio
Agenda Page 5
CITY OF DOWNEY
PLANNING DIVISION
EXHIBIT ‘B’
PROJECT No.
PROJECT LOCATION
REAR PATIO FENCE ELEVATION
PLN-15-00132 (CUP)
8237-8239 SECOND ST
Rear Patio
Fence
Agenda Page 6
CITY OF DOWNEY
PLANNING DIVISION
EXHIBIT ‘C’
PROJECT No.
PROJECT LOCATION
SECURITY PLAN
PLN-15-00132 (CUP)
8237-8239 SECOND ST
Second St
Front Patio
Rear Patio
Security Plan
Agenda Page 7
RESOLUTION NO. 15-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-05 (PLN-15-
00132), THEREBY ALLOWING A RESTAURANT THAT OPERATES WITH LIVE
ENTERTAINMENT, TO PROVIDE TWO (2) OUTDOOR PATIO AREAS AND TO
UPGRADE THEIR STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE FROM TYPE 41 (ON-SALE BEER &
WINE, EATING PLACE) TO TYPE 47 (ON-SALE GENERAL, EATING PLACE), ON
PROPERTY LOCATED AT 8237-8239 SECOND STREET, ZONED DDSP
(DOWNTOWN DOWNEY SPECIFIC PLAN – DOWNTOWN CORE 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 March 5, 2003, the Planning Commission approved Resolution No. 2266 for
Conditional Use Permit No. 03-05, to allow a computer access center at 8239
Second Street. This CUP allowed a maximum of 20 computers; and,
B. On March 3, 2004, the Planning Commission approved Resolution No. 2266-A for
a Revision ‘A’ to Conditional Use Permit No. 03-05 (officially numbered
Modification to CUP 03-05). This revision allows the computer access center to
occupy the space at 8237 Second Street, as well as the original space at 8239
Second Street; and,
C. On July 19, 2006, the Planning Commission approved Resolution No. 2444 for a
Revision ‘B’ to Conditional Use Permit No. 03-05 (officially numbered Modification
to CUP 06-54M). This revision allows the addition of live entertainment within the
computer access center. More specifically, it allows up to three (3) entertainers
on stage; however, limited the number of computers to six (6); and,
D. On February 6, 2008, the Planning Commission denied (Resolution No. 2518)
Revision ‘C’ to Conditional Use Permit No. 03-05 (officially numbered Modification
to CUP 07-173), a request to delete the condition of approval that limits the
number of entertainers allowed to perform at any given time; and,
E. On May 6, 2009, the Planning Commission approved Resolution No. 09-2583 for
a Revision ‘D’ to Conditional Use Permit No. 03-05, to allow a restaurant/
nightclub to operate with an ABC Type 41 (On-Sale Beer and Wine, Eating Place)
license and live entertainment. Under this approval, the Planning Commission
imposed several conditions of approval, including a restriction that after 9:00
p.m., the minimum age of patrons shall be 21 years or older; and,
F. On July 6, 2011, the Planning Commission approved Resolution No. 11-2721 for
a Revision ‘E’ to Conditional Use Permit No. 03-05 (PLN-11-00160). This
revision allows the applicant to remove a restriction on the age of occupants
(eliminated Condition of Approval No. 14 of the Commission Resolution No. 09-
2583) on a restaurant that operates with an ABC Type 41 license and live
entertainment; and,
EXIBIT 'D' Draft Resolution
(Revision 'F" to CUP 03-05)
Agenda Page 8
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 2
G. On August 6, 2015, notice of the public hearing was sent to all Downey property
owners within 500 feet of the subject site and the notice was published in the
Downey Patriot; and,
H. On August 19, 2015, the Planning Commission opened the public hearing on
PLN-15-00132, and after receiving public testimony, continued the public hearing
to September 16, 2015; and
I. On September 3, 2015, notice of the public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published in
the Downey Patriot; and,
J. The Planning Commission held a duly noticed public hearing on September 16,
2015. Again, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, the Commission continued the
public hearing to a date uncertain; and
K. On October 8, 2015, notice of the pending public hearing on PLN-15-00132 was
sent to all Downey property owners within 500 feet of the subject site and the
notice was published in the Downey Patriot; and,
L. The Planning Commission held a duly noticed public hearing on October 21,
2015, and after fully considering all oral and written testimony, facts, and opinions
offered at the aforementioned public hearing, the Commission hereby adopts
Resolution No. 15-____, approving PLN-15-00132 (Revision ‘F’ to Conditional
Use Permit No. 03-05), subject to the conditions of approval.
SECTION 2. The Planning Commission further finds, determines and declares the
project is not subject to 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 hearings, the Planning Commission further finds, determines and declares that:
A. Allowing the requested revision to a conditional use permit will not adversely
affect the purpose and intent of the Downey Municipal Code. The subject
property is within the DDSP (Downtown Downey Specific Plan – Downtown Core
District) zone, and is adjacent to other properties with the same zoning
designation. The restaurant with live entertainment will not adversely affect the
purpose and intent of this chapter, the City’s General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood because the site and the adjacent properties maintain the “Mixed
Use” General Plan designation, which is intended to facilitate entertainment uses.
Implementing this policy complies with General Plan Program No. 1.2.2.1, which
states: “Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities”. Adding outdoor patios and upgrading their
alcoholic beverage control license to a restaurant with live entertainment will
attract more people into the downtown area.
B. The subject site is in a fully developed area of the City, with little to no vacant
properties in the immediate area. There are several issues of concern, which
could create potential negative impacts on the neighboring properties. With the
Agenda Page 9
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 3
recommended conditions of approval in place, staff believes the proposed
request will mitigate any potential impacts and will not be a burden onto others. It
will serve the public with a use that the Downtown Downey Specific Plan deems
appropriate for uses within the Downtown Core District.
C. The proposed use will be contained within an existing building and does not
structurally require an expansion of the building. However, the proposed patios
require five (5) additional parking spaces but the site is too small to provide them.
Staff has prepared a condition of approval that requires the applicant to obtain
approval for five parking credits to satisfy this requirement. With the approval of
the parking credits, the subject site has sufficient shape and size to
accommodate the proposed project.
D. The subject site is located within the Downtown Core District, with arterial access
being primarily provided from Firestone Boulevard, Paramount Boulevard, and
Downey Avenue. The surrounding streets and highways in the area have
sufficient capacity to accommodate the minimal increase in traffic that might be
generated by the business.
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 PLN-15-00132,
subject to the Conditions of Approval attached hereto, 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 21st day of October 2015.
Hector Lujan, 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 21st day of October
2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 10
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 4
CONDITIONS OF APPROVAL
PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT 03-05)
PLANNING
1) This approval of PLN-15-00132 (Revision ‘F’ to CUP 03-05) allows LA Buns/ Epic
Lounge (restaurant/nightclub) to operate with the following:
a) Live entertainment (live bands/musicians, disc jockeys, customer dancing, and
karaoke);
b) An Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license;
c) 85 sq. ft. outdoor front patio on the south side of LA Buns (adjacent to Second
Street); and
d) 245 sq. ft. outdoor rear patio on the east side of Epic Lounge (adjacent to the
alley & parking).
This approval also repeals Resolution No. 2266, Resolution No. 2266-A, Resolution No.
2444, Resolution No. 2518, Resolution No. 09-2583, and Resolution No. 11-2721
because the operative conditions of approval for these resolutions have been
consolidated into this approval.
2) The Community Development Director shall conduct a review of this PLN-15-00132
(Conditional Use Permit) six (6) months after adoption of this resolution to determine the
applicant’s compliance with these conditions of approval.
3) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. Live entertainment shall not be permitted before 7:00 p.m., seven (7) days
a week and shall cease by 1:30 a.m.
4) The permitted hours of operation of the business, except for live entertainment, shall be
8:00 a.m. to 2:00 a.m., seven (7) days a week.
5) The sale of alcohol beverages shall cease at 1:30 a.m., seven (7) days a week.
6) The consumption of alcoholic beverages is permitted within the approved patio areas
and is subject to the approval from ABC.
7) The owner/applicant shall ensure patrons enter the business from the main doors on
Second Street. Doors at the rear patio on the east side of the business (adjacent to the
alley and parking lot) shall be used as exit for patrons and access for employees only.
8) The owner/applicant shall install panic hardware (touchbar) devices on all exit doors in
the outdoor patio area so patrons can escape the site in case of emergency.
9) The owner/applicant shall construct a six-foot (6’) high decorative fence around the
outdoor patio at the east (rear) side of the business. Said decorative fence shall be
reviewed and approved by the Director of Community Development prior to installation.
10) There shall be no age restriction on the patrons of the business; however, the licensee,
owner/applicant shall take all necessary steps to ensure that no person under the age of
18 years of age will be permitted on the portion of the premises where alcoholic
beverages are served in conjunction with live entertainment.
Agenda Page 11
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 5
11) The owner/applicant shall provide outdoor lighting on the east side of the subject
building, at the rear outdoor patio and parking lot area. Said outdoor lighting must have
adequate power to illuminate and make the appearance and conduct of all persons on
the premises easily discernable. In addition, outdoor lighting shall be shielded, directed,
and/or positioned as to not illuminate adjoining properties or right-of-ways.
12) Prior to submitting plans into plan check for the installation of the patio fence, the
owner/applicant shall obtain the City Planner’s approval to waive 23 parking spaces for
the use and pay the parking waiver fee. The owner/applicant shall maintain the required
number of parking spaces by continuing to pay the parking waiver fee annually.
13) The owner/applicant shall prevent loitering in front of the business. Patrons who are
waiting for age verification shall be in a single file line against the building. The use of a
queue line is permitted.
14) Customers shall not be within the business after the specified closing time.
15) 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.
16) Prior to 9:00 p.m., seven (7) days a week, the sale of alcohol shall be incidental to the
sale of food.
17) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
Director of Community Development, the applicant shall provide evidence that the gross
sales of food exceed 50% the gross sale of alcohol.
18) 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 is not considered to be in
compliance with this condition.
19) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal
Code.
20) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq.
In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-related
problems are received and verified by the Planning Division, the owner/applicant is required
to conduct a noise study by a licensed acoustical engineer to show that the site complies
with City’s noise standards.
21) 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.
22) Approval of this PLN-15-00132 (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.
Agenda Page 12
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 6
23) 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 to attack, review, set aside,
void or annul the approval of this resolution, to challenge the approval of this resolution
on the basis of the California Environmental Quality Act (CEQA), or to determine 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.
24) All conditions of PLN-15-00132 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
POLICE
25) Prior to commencement of business, the owner/applicant shall obtain any and all
required Police Department permits for this Conditional Use Permit.
26) There shall be no promoters not under the direct control of applicant and all operations
shall be conducted at all times under the direct control of the applicant, who shall be
responsible for the conduct of the business. Additionally, the applicant shall provide
written confirmation to the Downey Police Department Special Enforcement Team
(S.E.T.) of the identity of any promoter at least five (5) business days in advance of that
promoter’s utilization of the permitted business. The applicant shall provide the following
information regarding the promoter: true name, stage name or aliases, address,
telephone number, and California driver’s license or identification number. The applicant
shall not rent, lease, or sublease the location out for special events or promotional events
not under the direct control of applicant, as aforesaid.
27) The owner/applicant shall comply with and strictly adhere to the security plan, as
approved by the Chief of Police. This shall include the owner/applicant providing a
minimum of three (3) licensed and bonded, uniformed patrolmen for security. One
security guard shall be posted at the entrance leading to the business on Second Street,
one inside the Epic Lounge section monitoring the bar/entertainment area, and one
inside the rear patio on the east side of the business. 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. In addition, the owner/applicant shall provide
portable detection scanners to prevent patrons from using false identification and to help
verify the age-appropriateness of patrons.
28) Signs shall be posted at the entrance to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot).
29) The 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
on the patios and parking lot area (i.e. using illegal substance or intoxicated patrons).
30) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
Agenda Page 13
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 7
31) A copy of this conditional use permit and any Police 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.
32) The 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 that are
worn backwards.
33) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of
any permit issued by the California State Department of Alcoholic Beverage Control
(“ABC”) to the applicant and any applicable regulations of ABC.
34) The sale of all alcoholic beverages for consumption off the premises is prohibited.
35) The Licensee shall be responsible for monitoring the bar area to prevent anyone under
the age of 21 from consuming alcohol. The licensee shall also be responsible in
preventing anyone from furnishing alcohol to any person under the age of 21.
36) The Licensee shall be responsible for monitoring the business to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
37) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
38) There shall be no unpermitted signage or advertising of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
39) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty-four (24) hours.
FIRE
40) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
41) All construction shall comply with the 2013 California Fire Code.
BUILDING
42) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
43) 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.
44) The owner/applicant shall clearly post the maximum occupancy, as determined by the
Building Official. The owner/applicant shall not permit the actual occupancy of the
building to exceed the maximum allowed.
Agenda Page 14
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
October 21, 2015 - Page 8
PUBLIC WORKS
45) 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.
46) Prior to commencing operation of the business, the owner/applicant shall construct
handicap ramp at the northeast corner of New Street and Second Street. The handicap
ramp shall be constructed per APWA Standards Plans and Specifications. Prior to
beginning construction on said ramp, the applicant shall obtain a construction permit
from the City of Downey Public Works Department.
47) Should a new or expanded sewer connection be required, the owner/applicant shall
provide that the design and improvements of sewers shall be to the standards of the City
Engineering Division, Septic systems are not acceptable.
48) 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.
49) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub-standard curb,
gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage,
shall be replaced to the satisfaction of the Public Works Department. Please contact the
Public Works inspection Office at (562) 904-7110 to have these areas identified on the
plans, just prior to applying for a Building Permit. 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 Specification for Public Works Construction
and as modified by the City of Downey’s Standard Plans and Specifications
50) If applicable, the applicant shall install all new utilities associated with this project
underground.
51) Prior to final of building permits, the owner/applicant shall remove all construction graffiti
created as part of this project from the public right-of-way and on the subject site.
Agenda Page 15
STAFF REPORT
PLANNING DIVISION
DATE: AUGUST 19, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-
05) – A REQUEST TO AMEND CONDITIONS OF APPROVAL ON A
RESTAURANT THAT OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL (ABC) TYPE 41 LICENSE AND LIVE ENTERTAINMENT.
LOCATION: 8237-8239 SECOND STREET
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
REPORT SUMMARY
The applicant, Mr. David Devis, seeks the Planning Commission’s approval to modify the
conditions that were previously approved under Conditional Use Permit No. 03-05, for the
operation of a restaurant (Epic Lounge/LA Buns) with live entertainment and an ABC Type 41
license. After reviewing the materials and information submitted with the Land Use Permit
Application, staff recommends that the Planning Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING REVISION ‘F’ TO CONDITIONAL USE PERMIT NO.
03-05 (PLN-15-00132), THEREBY ALLOWING A RESTAURANT THAT
OPERATES WITH LIVE ENTERTAINMENT, TO PROVIDE OUTDOOR PATIO
AREA AND TO UPGRADE THEIR STATE OF CALIFORNIA DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FROM TYPE 41
(ON-SALE BEER & WINE, EATING PLACE) TO TYPE 47 (ON-SALE
GENERAL, EATING PLACE), ON PROPERTY LOCATED AT 8237-8239
SECOND STREET, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN
– DOWNTOWN CORE DISTRICT)
BACKGROUND
The subject site is an approximate 19,428 square foot rectangular shaped parcel that is located
on the northeast corner of Second Street and New Street. It is improved with a 6,800 square
foot multi-tenant building, which includes a sushi restaurant, retail store, hair salon, and the
subject business. Eight parking spaces are located on the north side of the parcel. Access to
the site is through a private driveway on Second Street and a driveway on New Street.
EXIBIT 'E' August 19 and
September 16, 2015 Staff Reports
Agenda Page 16
PLN-15-00132 – 8237-8239 Second St
August 19, 2015 - Page 2
The property is zoned DDSP (Downtown Downey Specific Plan – Downey Core District) with a
General Plan Land Use Designation of “Mixed Use”. Restaurants, movie theater, offices, and
stores border the north, south, and east sides of the property. In addition, the west side of the
subject site is the City’s parking structure.
Over the years, the City has granted other entitlements for the subject business and copies of
the Commission resolutions are attached hereto:
1. On March 5, 2003, the Planning Commission approved Resolution No. 2266 for
Conditional Use Permit No. 03-05, to allow a computer access center at 8239 Second
Street. This CUP allowed a maximum of 20 computers.
2. On March 3, 2004, the Planning Commission approved Resolution No. 2266-A for a
Revision ‘A’ to Conditional Use Permit No. 03-05 (officially numbered Modification to
CUP 03-05). This revision allows the applicant to create an opening in the wall which
separated the 8239 Second Street tenant space from the adjacent tenant space at 8237
Second Street. It allowed them to use the original space for computer access center,
café, and restrooms, while the expanded area to be used as a food preparation area.
3. On July 19, 2006, the Planning Commission approved Resolution No. 2444 for a
Revision ‘B’ to Conditional Use Permit No. 03-05 (officially numbered Modification to
CUP 06-54M). This revision allows the addition of live entertainment within the
computer access center. More specifically, it allows up to three entertainers on stage;
however, limited the number of computers to six (6).
4. On February 6, 2008, the Planning Commission denied (Resolution No. 2518) Revision
‘C’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 07-
173), a request to delete the condition of approval that limits the number of entertainers
allowed to perform at any given time.
5. On May 6, 2009, the Planning Commission approved Resolution No. 09-2583 for a
Revision ‘D’ to Conditional Use Permit No. 03-05, a request to eliminate the allowance
for the computers and all related conditions, and to allow the restaurant/nightclub to
operate with an ABC Type 41 license and live entertainment. Under this approval, the
Planning Commission imposed several conditions of approval, including a restriction that
after 9:00 p.m., the minimum age of patrons shall be 21 years or older.
6. On July 6, 2011, the Planning Commission approved Resolution No. 11-2721 for a
Revision ‘E’ to Conditional Use Permit No. 03-05 (PLN-11-00160). This revision allows
the applicant to remove a restriction on the age of occupants (eliminated Condition of
Approval No. 14 of the Commission Resolution No. 09-2583) on a restaurant that
operates with an ABC Type 41 license and live entertainment.
On June 16, 2015, the applicant submitted a Land Use Permit Application to revise Conditional
Use Permit No. 03-05 (PLN-15-00132) to extend the hours of operation, to add outdoor patios,
and to upgrade their ABC license from a Type 41 (On-sale Beer & Wine, Eating Place) to a Type
47 (On-sale General, Eating Place). Staff completed a review of the application on August 3,
2015, and deemed the application complete. On August 6, 2015, staff mailed notices of the
pending public hearing to all property owners within 500 feet of the subject site and the notice
was published in the Downey Patriot.
Agenda Page 17
PLN-15-00132 – 8237-8239 Second St
August 19, 2015 - Page 3
DISCUSSION
As described above, the existing 2,530 square foot tenant space currently operates with live
entertainment and an ABC Type 41 license. Under this Land Use Permit Application, the
applicant proposes to add an 85 square foot outdoor patio on the south side of LA Buns portion
of the business (adjacent to Second Street), add a 280 square foot outdoor patio on the east
side of Epic Lounge (adjacent to the alley and private parking lot), upgrade his ABC license to a
Type 47, and extend the hours of operation.
According to the applicant, upgrading the alcoholic beverage license will increase revenue
significantly and providing outdoor patios for patrons will be a beneficial use in the Downtown
Core District since most restaurants within the downtown area are permitted to have an outdoor
patio area. However, staff has concerns about the proposed hours of operation of the business.
The applicant has requested to cease at 3:00 a.m. Thursday through Sunday and at 2:00 a.m.
Monday through Wednesday. An analysis of the hours of operation is as follows:
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Current Hours 8 am-12 am 8 am-12 am 8 am-12 am 8 am-12 am 8 am-2 am 8 am-2 am 8 am-12 am
Proposed Hours 8 am-2 am 9 pm –2 am 8 am-2 am 8 am-3 am 8 am-3 am 8 am-3 am 8 am-3 am
It is staff’s opinion that there is no justification to operate a restaurant/nightclub during these
extended hours. City records indicated that closing at 2:00 a.m. is consistent with other
establishments (i.e. Lock & Key, Mambo Grill, and Joseph’s Bar & Grill Restaurants) in the area.
As such, staff is recommending the hours of operation be limited until 2:00 a.m. seven (7) days
a week. All other conditions of approval under Resolutions No. 09-2583 and No. 11-2721
(Revision ‘D’ and ‘E’ to CUP 03-05) shall remain in effect and full force.
Parking
The parking standard for restaurant use with live entertainment and outdoor patio in the
Downtown Downey Specific Plan is one (1) parking space per 200 square feet of gross floor
area for a restaurant use and one (1) parking space per five (5) persons for entertainment area.
By that standard, the subject business (Epic Lounge/LA Buns) with the outdoor patios PLN-15-
00132 proposes, requires 31 parking spaces, based on the ratio of 1,863 square feet
(entertainment) of floor area /5 persons and 1,032 square feet (restaurant) of floor area /200.
The property currently has eight (8) parking spaces, whereas the applicant’s proposal requires
31 spaces. As such, the applicant is increasing the demand by 23 spaces and will need to
provide more parking spaces by obtaining parking credits. It is important to note that the
applicant is currently paying for eighteen (18) parking credits (approved by City Council on
November 10, 2009) and will need to add five (5) more credits. Staff has prepared a condition
of approval that requires the applicant to obtain the City Planner’s approval for the required
parking credits.
Agenda Page 18
PLN-15-00132 – 8237-8239 Second St
August 19, 2015 - Page 4
DEVELOPMENT REVIEW COMMITTEE – JULY 9, 2015
At the Development Review Committee (DRC) meeting, Downey Fire Department and Building
& Safety Division staff expressed concern regarding the emergency discharge area onto the
outdoor patio area on the east side of the business. It is required that all exit discharges shall
provide a direct and unobstructed access to the public right-of-way and shall not pass through
an adjoining rooms or areas. After speaking with the applicant about the issue, he agreed to
revise the patio plan to comply with City’s standards.
In addition, the Police Department requested more outdoor lighting to the east side of the
business and more security guards outside at the outdoor patio area to prevent patrons from
drinking outside. In response, staff has added conditions of approval to address these issues.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined 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 CEQA. Class
1, include projects that involve negligible or no expansion of the existing use. It is staff’s opinion
that the request to modify the conditions of approval for an existing restaurant will not impact the
environment; thereby qualifying for the Class 1 exemption.
FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06, staff recommends the
Planning Commission make the following findings to approve the request:
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.
Allowing the requested revision to a conditional use permit will not adversely affect the
purpose and intent of the Downey Municipal Code. The subject property is within the
DDSP (Downtown Downey Specific Plan – Downtown Core District) zone, and is
adjacent to other properties with the same zoning designation. The restaurant with live
entertainment will not adversely affect the purpose and intent of this chapter, the City’s
General Plan or the public convenience or general welfare of persons residing or
working in the neighborhood because the site and the adjacent properties maintain the
“Mixed Use” General Plan designation, which is intended to facilitate entertainment uses.
Implementing this policy is General Plan Program No. 1.2.2.1, which states: “Promote
the downtown area as a destination point for entertainment, dining, civic, and other
activities. Adding outdoor patios and upgrading their alcoholic beverage control license
to a restaurant with live entertainment will attract more people into the downtown area.
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.
Agenda Page 19
PLN-15-00132 – 8237-8239 Second St
August 19, 2015 - Page 5
The subject site is in a fully developed area of the City, with little to no vacant properties
in the immediate area. There are several issues of concern, which could create potential
negative impacts on the neighboring properties. With the recommended conditions of
approval in place, staff believes the proposed request will mitigate any potential impacts
and will not be a burden onto others. It will serve the public with a use that the
Downtown Downey Specific Plan deems appropriate for uses within the Downtown Core
District.
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 proposed use will be contained within an existing building and does not structurally
require an expansion of the building. However, the proposed patios require five (5)
additional parking spaces but the site is too small to provide them. Staff has prepared a
condition of approval that requires the applicant to obtain approval for five parking
credits to satisfy this requirement. With the approval of the parking credits, the subject
site has sufficient shape and size to accommodate the proposed project.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The subject site is located within the Downtown Core District, with arterial access being
primarily provided from Firestone Boulevard, Paramount Boulevard, and Downey
Avenue. The surrounding streets and highways in the area have sufficient capacity to
accommodate the minimal increase in traffic that might be generated by the business.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff recommends that the Planning Commission adopt a resolution approving PLN-15-00132
(Revision ‘F’ to Conditional Use Permit No. 03-05), thereby allowing a restaurant that operates
with live entertainment to provide outdoor patios and to upgrade their ABC license from a Type
41 to a Type 47, subject to the conditions of approval.
EXHIBITS
A. Vicinity Map & Site Photograph
B. Aerial Photograph & Zoning Map
C. Draft Resolution
Agenda Page 20
PLN-15-00132 – 8237-8239 Second St
August 19, 2015 - Page 6
Exhibit ‘A’
PROJECT LOCATION
SITE PHOTOGRAPH
Agenda Page 21
PLN-15-00132 – 8237-8239 Second St
August 19, 2015 - Page 7
Exhibit ‘B’
AERIAL PHOTOGRAPH
ZONING MAP
Subject
Business
Subject
Property
Agenda Page 22
STAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 16, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-
05) – A REQUEST TO AMEND CONDITIONS OF APPROVAL ON A
RESTAURANT THAT OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL (ABC) TYPE 41 LICENSE AND LIVE ENTERTAINMENT
LOCATION: 8237-8239 SECOND STREET
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
BACKGROUND
During its Regular Meeting on August 19, 2015, the Planning Commission held a public hearing
to discuss PLN-15-00132; a proposal by Mr. David Devis, the Applicant and owner of “Epic
Lounge/LA Buns”, to modify the previously-approved conditions of approval for his business.
The Epic Lounge/LA Buns is located at 8237-8239 Second Street, Downey.
The Planning Commission received testimony from the applicant that addressed his request to
extend the hours of operation for the restaurant, to add outdoor patios and to change the ABC
license from a Type 41 (On-sale Beer and Wine, Eating Place) to a Type 47 (On-sale General,
Eating Place). They also received eight (8) statements during the public hearing supporting the
proposed request.
After reviewing the proposed conditions of approval, the Planning Commission determined that
staff should revise the proposed conditions of approval with greater emphasis given to the
proposed hours of operation, food sales, and allowing a six-month review of the activities on the
subject site. The Planning Commission also request that all relevant conditions of approval be
combined as one revised set of conditions, and that staff review the dance hall ordinance for
consistency with the requested hours of operation. With that, the Planning Commission continued
the PLN-15-00132 public hearing to a date uncertain.
DISCUSSION
In response to the Planning Commission’s direction, staff revised the conditions of approval and
prepared the following data for the Commission to review:
Agenda Page 23
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 2
Hours of Live Entertainment
Downey Municipal Code Section 6507.1 (Dance Halls – Hours of Operation) stipulates that “no
person shall operate any premises or carry on any activity at any such premises for which a
permit is required under this part between the hours of 1:30 a.m. and 10:00 a.m.” This means
all live entertainment activities shall cease at 1:30 a.m., seven days a week. However, in
speaking with the applicant, he stated that his goal is provide food service and live
entertainment until 3:00 a.m. Thursday through Sunday and until 2:00 a.m. Monday through
Wednesday.
Staff also discussed the proposed hours of operation with the Downey Police Department
Special Enforcement Team (S.E.T.) and the Police Department feels that there is no justification
for the business to remain until 3:00 a.m. The extended hours are not consistent with other
similar establishments in the area since they close at 2:00 a.m., seven days a week.
The requested hours of operation for live entertainment contradict with DMC Section 6507.1 as
described above. Other uses in the downtown area have made similar requests to extend their
operating hours (Club DB Lounge and 20/20 Draft House). The Planning Commission
conditioned live entertainment to end at 1:30 a.m. If the applicant wishes to extend the hours of
operation for live entertainment beyond 1:30 a.m., the applicant needs to file a request for the
initiation of a Code Amendment and obtain approval from the City Council.
In consideration of DMC Section 6507.1, staff proposes the following revisions to the conditions
of approval to address hours of live entertainment as follows:
• Condition No. 4 – Live entertainment shall be limited to live bands, disc jockeys,
karaoke, and customer dancing only. Live entertainment shall not be permitted before
7:00 p.m., seven (7) days a week and shall cease by 1:30 a.m.
• Condition No. 5 – The permitted hours of operation of the business, except for live
entertainment, shall be 8:00 a.m. to 2:00 a.m., seven (7) days a week.
The attached “Exhibit A – Conditions of Approval” to the Resolution will repeal all prior irrelevant
conditions and include all operative conditions from the past approvals and conditions of approval
for PLN-15-00132. In addition, staff is providing the highlighted conditions that include the revised
and deleted conditions for your assessment.
Food Service
At the August 19, 2015 meeting, the Planning Commission discussed the hours of operation for
the kitchen in conjunction with the hours for live entertainment. In reviewing the business
operation, the Planning Commission concluded that food service must be available at all times
that the business is open. Therefore, staff prepared new conditions of approval (6 and 17) to
address those Commissioners.
Six-Month Review
In the past, the Planning Commission has imposed conditions that require businesses with live
entertainment to return to the Commission within six months after the adoption of a resolution, to
determine the applicant’s compliance with the conditions of approval. At a future public hearing,
Agenda Page 24
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 3
the Commissioners will review the business’s operation and will determine if an additional review
period is needed, to modify conditions of approval or allow the business to operate in perpetuity.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff recommends that the Planning Commission adopt a resolution approving PLN-15-00132,
subject to conditions of approval.
EXHIBITS
A. Draft Resolution
B. Revised Conditions of Approval (Revision ‘D’ of Resolution 09-2583 and Revision ‘E’ of
Resolution 11-2721)
C. Original Approved Conditions of Approval (Revision ‘D’ of Resolution 09-2583 and
Revision ‘E’ of Resolution 11-2721)
D. August 19, 2015 Staff Report
E. Floor Plan
Agenda Page 25
RESOLUTION NO. 15-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-05 (PLN-15-
00132), THEREBY ALLOWING A RESTAURANT THAT OPERATES WITH LIVE
ENTERTAINMENT, TO PROVIDE TWO (2) OUTDOOR PATIO AREAS AND TO
UPGRADE THEIR STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE FROM TYPE 41 (ON-SALE BEER &
WINE, EATING PLACE) TO TYPE 47 (ON-SALE GENERAL, EATING PLACE), ON
PROPERTY LOCATED AT 8237-8239 SECOND STREET, ZONED DDSP
(DOWNTOWN DOWNEY SPECIFIC PLAN – DOWNTOWN CORE 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 March 5, 2003, the Planning Commission approved Resolution No. 2266 for
Conditional Use Permit No. 03-05, to allow a computer access center at 8239
Second Street. This CUP allowed a maximum of 20 computers; and,
B. On March 3, 2004, the Planning Commission approved Resolution No. 2266-A for
a Revision ‘A’ to Conditional Use Permit No. 03-05 (officially numbered
Modification to CUP 03-05). This revision allows the computer access center to
occupy the space at 8237 Second Street, as well as the original space at 8239
Second Street; and,
C. On July 19, 2006, the Planning Commission approved Resolution No. 2444 for a
Revision ‘B’ to Conditional Use Permit No. 03-05 (officially numbered Modification
to CUP 06-54M). This revision allows the addition of live entertainment within the
computer access center. More specifically, it allows up to three (3) entertainers
on stage; however, limited the number of computers to six (6); and,
D. On February 6, 2008, the Planning Commission denied (Resolution No. 2518)
Revision ‘C’ to Conditional Use Permit No. 03-05 (officially numbered Modification
to CUP 07-173), a request to delete the condition of approval that limits the
number of entertainers allowed to perform at any given time; and,
E. On May 6, 2009, the Planning Commission approved Resolution No. 09-2583 for
a Revision ‘D’ to Conditional Use Permit No. 03-05, to allow a restaurant/
nightclub to operate with an ABC Type 41 (On-Sale Beer and Wine, Eating Place)
license and live entertainment. Under this approval, the Planning Commission
imposed several conditions of approval, including a restriction that after 9:00
p.m., the minimum age of patrons shall be 21 years or older; and,
F. On July 6, 2011, the Planning Commission approved Resolution No. 11-2721 for
a Revision ‘E’ to Conditional Use Permit No. 03-05 (PLN-11-00160). This
revision allows the applicant to remove a restriction on the age of occupants
(eliminated Condition of Approval No. 14 of the Commission Resolution No. 09-
2583) on a restaurant that operates with an ABC Type 41 license and live
entertainment; and,
Agenda Page 26
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 2
G. On August 6, 2015, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published in
the Downey Patriot; and
H. The Planning Commission held a duly noticed public hearing on August 19, 2015,
which was continued to a date uncertain, and after fully considering all oral and
written testimony, facts, and opinions offered at the aforesaid public hearing,
hereby adopts Resolution No. 15-____, approving PLN-15-00132 (Revision ‘F’ to
Conditional Use Permit No. 03-05), subject to the conditions of approval.
SECTION 2. The Planning Commission further finds, determines and declares the
project is not subject to 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 hearings, the Planning Commission further finds, determines and declares that:
A. Allowing the requested revision to a conditional use permit will not adversely
affect the purpose and intent of the Downey Municipal Code. The subject
property is within the DDSP (Downtown Downey Specific Plan – Downtown Core
District) zone, and is adjacent to other properties with the same zoning
designation. The restaurant with live entertainment will not adversely affect the
purpose and intent of this chapter, the City’s General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood because the site and the adjacent properties maintain the “Mixed
Use” General Plan designation, which is intended to facilitate entertainment uses.
Implementing this policy complies with General Plan Program No. 1.2.2.1, which
states: “Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities”. Adding outdoor patios and upgrading their
alcoholic beverage control license to a restaurant with live entertainment will
attract more people into the downtown area.
B. The subject site is in a fully developed area of the City, with little to no vacant
properties in the immediate area. There are several issues of concern, which
could create potential negative impacts on the neighboring properties. With the
recommended conditions of approval in place, staff believes the proposed
request will mitigate any potential impacts and will not be a burden onto others. It
will serve the public with a use that the Downtown Downey Specific Plan deems
appropriate for uses within the Downtown Core District.
C. The proposed use will be contained within an existing building and does not
structurally require an expansion of the building. However, the proposed patios
require five (5) additional parking spaces but the site is too small to provide them.
Staff has prepared a condition of approval that requires the applicant to obtain
approval for five parking credits to satisfy this requirement. With the approval of
the parking credits, the subject site has sufficient shape and size to
accommodate the proposed project.
D. The subject site is located within the Downtown Core District, with arterial access
being primarily provided from Firestone Boulevard, Paramount Boulevard, and
Downey Avenue. The surrounding streets and highways in the area have
Agenda Page 27
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 3
sufficient capacity to accommodate the minimal increase in traffic that might be
generated by the business.
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 PLN-15-00132,
subject to the Conditions of Approval attached hereto, 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 16th day of September 2015.
Hector Lujan, 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 16th day of
September 2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 28
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT 03-05)
PLANNING
1) This approval of PLN-15-00132 (Revision ‘F’ to CUP 03-05) allows the operation of a
restaurant/nightclub with live entertainment and a Department of Alcoholic Beverage
Control Type 47 (On-Sale General, Eating Place) license.
2) Resolution No. 2266, Resolution No. 2266-A, Resolution No. 2444, Resolution No. 2518,
Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the
operative conditions of approval have been consolidated into this resolution.
3) The Planning Commission shall conduct a review of this PLN-15-00132 (Conditional Use
Permit) six (6) months after adoption of this resolution to determine the applicant’s
compliance with these conditions of approval. Said review shall be conducted during a
duly noticed public hearing, and at which time, the Planning Commission may modify the
conditions of approval, require an additional review period, allow the use to operate in
perpetuity, or begin revocation proceedings.
4) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. Live entertainment shall not be permitted before 7:00 p.m., seven (7) days
a week and shall cease by 1:30 a.m.
5) The permitted hours of operation of the business, except for live entertainment, shall be
8:00 a.m. to 2:00 a.m., seven (7) days a week.
6) The sale of alcohol beverages shall cease at 1:30 a.m., seven (7) days a week.
7) No alcoholic beverages shall be consumed outside of the premises (outdoor patio,
parking lot, etc.) or any property adjacent to the licensed premises.
8) The owner/applicant shall construct the outdoor patios with decorative and strong fencing
materials (i.e. iron post or bollard) that prevent vehicles from colliding into the patio areas.
9) There shall be no age restriction on the patrons of the business; however, the
owner/applicant shall take all necessary steps to ensure that alcohol is not sold, given to,
or consumed by persons under the age of 21.
10) The owner/applicant shall provide outdoor lighting on the east side of the subject
building, at the outdoor patio and parking lot area. Said outdoor lighting must have
adequate power to illuminate and make the appearance and conduct of all persons on
the premises easily discernable. In addition, outdoor lighting shall be shielded, directed,
and/or positioned as to not illuminate adjoining properties or right-of-ways.
11) Prior to submitting plans into plan check for the installation of the patio fence, the
owner/applicant shall obtain the City Planner’s approval to waive 23 parking spaces for
the use and pay the parking waiver fee. The owner/applicant shall maintain the required
number of parking spaces by continuing to pay the parking waiver fee annually.
Agenda Page 29
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 5
12) The owner/applicant shall prevent loitering in front of the business. Patrons who are
waiting for age verification shall be in a single file line against the building. The use of a
queue line is permitted.
13) Customers shall not be within the business after the specified closing time.
14) 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.
15) Prior to 9:00 p.m., seven (7) days a week, the sale of alcohol shall be incidental to the
sale of food.
16) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
Director of Community Development, the applicant shall provide evidence that the gross
sales of food exceed 50% the gross sale of alcohol.
17) Food service must be available during business hours. The service/sale of prepackaged
foods, salads, or sandwiches is not considered to be in compliance with this condition.
18) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal
Code.
19) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq.
In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-related
problems are received and verified by the Planning Division, the owner/applicant is required
to conduct a noise study by a licensed acoustical engineer to show that the site complies
with City’s noise standards.
20) 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.
21) Approval of this PLN-15-00132 (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.
22) 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 to attack, review, set aside,
void or annul the approval of this resolution, to challenge the approval of this resolution
on the basis of the California Environmental Quality Act (CEQA), or to determine 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.
Agenda Page 30
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 6
23) All conditions of PLN-15-00132 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
POLICE
24) Prior to commencement of business, the owner/applicant shall obtain any and all
required Police Department permits for this Conditional Use Permit.
25) There shall be no promoters not under the direct control of applicant and all operations
shall be conducted at all times under the direct control of the applicant, who shall be
responsible for the conduct of the business. Additionally, the applicant shall provide
written confirmation to the Downey Police Department Special Enforcement Team
(S.E.T.) of the identity of any promoter at least five (5) business days in advance of that
promoter’s utilization of the permitted business. The applicant shall provide the following
information regarding the promoter: true name, stage name or aliases, address,
telephone number, and California driver’s license or identification number. The applicant
shall not rent, lease, or sublease the location out for special events or promotional events
not under the direct control of applicant, as aforesaid.
26) The owner/applicant and licensee 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 may be increased or decreased as
the Chief of Police determines is necessary.
27) Signs shall be posted at the entrance to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot).
28) The 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
on the patio and parking lot area (i.e. using illegal substance or intoxicated patrons).
29) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
30) A copy of this conditional use permit and any Police 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.
31) The 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 that are
worn backwards.
32) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of
any permit issued by the California State Department of Alcoholic Beverage Control
(“ABC”) to the applicant and any applicable regulations of ABC.
33) The sale of all alcoholic beverages for consumption off the premises is prohibited.
34) The Licensee shall be responsible for monitoring the bar area to prevent anyone under
the age of 21 from consuming alcohol. The licensee shall also be responsible in
preventing anyone from furnishing alcohol to any person under the age of 21.
Agenda Page 31
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 7
35) The Licensee shall be responsible for monitoring the business to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
36) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
37) There shall be no unpermitted signage or advertising of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
38) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty-four (24) hours.
FIRE
39) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
40) All construction shall comply with the 2013 California Fire Code.
BUILDING
41) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
42) 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.
43) The owner/applicant shall clearly post the maximum occupancy, as determined by the
Building Official. The owner/applicant shall not permit the actual occupancy of the
building to exceed the maximum allowed.
PUBLIC WORKS
44) 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.
45) Prior to commencing operation of the business, the owner/applicant shall construct
handicap ramp at the northeast corner of New Street and Second Street. The handicap
ramp shall be constructed per APWA Standards Plans and Specifications. Prior to
beginning construction on said ramp, the applicant shall obtain a construction permit
from the City of Downey Public Works Department.
46) Should a new or expanded sewer connection be required, the owner/applicant shall
provide that the design and improvements of sewers shall be to the standards of the City
Engineering Division, Septic systems are not acceptable.
Agenda Page 32
Resolution No. 15-____
Downey Planning Commission
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 - Page 8
47) 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.
48) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub-standard curb,
gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage,
shall be replaced to the satisfaction of the Public Works Department. Please contact the
Public Works inspection Office at (562) 904-7110 to have these areas identified on the
plans, just prior to applying for a Building Permit. 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 Specification for Public Works Construction
and as modified by the City of Downey’s Standard Plans and Specifications
49) If applicable, the applicant shall install all new utilities associated with this project
underground.
50) Prior to final of building permits, the owner/applicant shall remove all construction graffiti
created as part of this project from the public right-of-way and on the subject site.
Agenda Page 33
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 1
EXHIBIT “B”
REVISED CONDITIONS OF APPROVAL
(REVISION “D” OF RESOLUTION NO. 09-2583)
PLANNING
1) This approval of Conditional Use Permit No. 03-05, Rev ‘D’ permits the operation of a
restaurant/nightclub with live entertainment and a Department of Alcoholic Beverage
Control Type 41 47 (on-sale beer and wine, eating place) (one-sale general, eating
place) license.
2) Resolution No. 2266, Resolution No. 2266-A, Resolution No. 2444, Resolution No. 2518,
Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the
operative conditions of approval have been consolidated into this resolution.
3) The Planning Commission shall conduct a review of this PLN-15-00132 (Conditional Use
Permit) six (6) months after adoption of this resolution to determine the applicant’s
compliance with these conditions of approval. Said review shall be conducted during a
duly noticed public hearing, and at which time, the Planning Commission may modify the
conditions of approval, require an additional review period, allow the use to operate in
perpetuity, or begin revocation proceedings.
4) 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.
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) All conditions of approval Conditional Use Permit 03-05, Rev ‘D’ PLN-15-00132
(Conditional Use Permit) shall be complied with before this conditional use permit
becomes valid.
7) Resolution No. 2266, Resolution No. 2266-A, and Resolution No. 2444 are hereby
revoked and deemed null and void Resolution No. 2444, Resolution No. 2518,
Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the
operative conditions of approval have been consolidated into this resolution.
Pursuant to the Planning Commission’s direction during its Regular Meeting on August 19, 2015, staff
revised the conditions of Approval for PLN-15-00132 to address the commissioner’s concerns
regarding the hours of operation and food sales for the use. Staff also combined all relevant
conditions of approval from the original conditional use permit (CUP-03-05) and all subsequent
modifications to it. The following conditions reflect the proposed changes as:
• New conditions appear in italics.
• Revised text appears underlined.
• Deleted conditions and deleted text appear in strikeout.
Agenda Page 34
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 2
8) The permitted hours of operation of the business is as follows:
a) Sunday through Thursday 8:00 a.m. until Midnight
b) Friday and Saturday 8:00 a.m. until 2:00 a.m. the following morning., except for
live entertainment, shall be 8:00 a.m. to 2:00 a.m., seven (7) days a week.
9) The sale of alcohol beverages shall cease at 1:30 a.m., seven (7) days a week.
10) No alcoholic beverages shall be consumed outside of the premises (outdoor patio,
parking lot, etc.) or any property adjacent to the licensed premises.
11) The owner/applicant shall construct the outdoor patios with decorative and strong fencing
materials (i.e. iron post or bollard) that prevent vehicles from colliding into the patio areas.
12) There shall be no age restriction on the patrons of the business; however, the
owner/applicant shall take all necessary steps to ensure that alcohol is not sold, given to,
or consumed by persons under the age of 21.
13) The owner/applicant shall provide outdoor lighting on the east side of the subject
building, at the outdoor patio and parking lot area. Said outdoor lighting must have
adequate power to illuminate and make the appearance and conduct of all persons on
the premises easily discernable. In addition, outdoor lighting shall be shielded, directed,
and/or positioned as to not illuminate adjoining properties or right-of-ways.
14) Prior to submitting plans into plan check for the installation of the patio fence, the
owner/applicant shall obtain the City Planner’s approval to waive 23 parking spaces for
the use and pay the parking waiver fee. The owner/applicant shall maintain the required
number of parking spaces by continuing to pay the parking waiver fee annually.
15) Customers shall not be within the business after the specified closing time.
16) 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.
17) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. Live entertainment shall not be permitted before 7:00 p.m. and shall ease
one (1) hour before closing seven (7) days a week and shall cease by 1:30 a.m.
18) The sale of alcohol shall cease 45 minutes prior to closing.
19) There shall be no outdoor patio/dining area. No alcoholic beverages sold at the site
shall be consumed outside the business.
20) Prior to 9:00 p.m., seven (7) days a week, the sale of alcohol shall be incidental to the
sale of food.
21) 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.
Agenda Page 35
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 3
22) The kitchen shall remain open to serve a full menu at all times the business is
open.Food service must be available during business hours. The service/sale of
prepackaged foods, salads, or sandwiches are not considered to be in compliance with
this condition.
23) No person under the age of 21 shall be in the business after 9:00 p.m., seven (7) days a
week. The applicant shall have a security guard at the door from 9:00 p.m. until closing
who shall verify the age of all patrons entering the business. Age verification shall be
through an electronic identification verification system.
24) The owner/applicant shall prevent loitering in front of the business. Patrons who are
waiting for age verification shall be in a single file line against the building. The use of a
queue line is permitted.
25) Prior to submitting plans into plan check, the owner/applicant shall obtain approval of
and maintain a total of 18 parking credit from the City Council. Should the City Council
deny the parking credits, the resolution shall be deemed null and void for the installation
of the patio fence, the owner/applicant shall obtain the City Planner’s approval to waive
23 parking spaces for the use and pay the parking waiver fee. The owner/applicant shall
maintain the required number of parking spaces by continuing to pay the parking waiver
fee annually.
7)26) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-
related problems are received and verified by the Planning Division, the owner/applicant
is required to conduct a noise study by a licensed acoustical engineer to show that the
site complies with City’s noise standards.
26)27) All signs shall comply with the requirements set forth in Chapter 6 of Article IX of the
Downey Municipal Code.
27)28) 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 to attack, review, set aside,
void or annul the approval of this resolution, to challenge the approval of this resolution
on the basis of the California Environmental Quality Act (CEQA), or to determine 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
28)29) Prior to commencement of business, the applicant shall obtain a Police Permit for live
entertainment.
29)30) There shall be no promoters not under the direct control of applicant and all operations
shall be conducted at all times under the direct control of the applicant, who shall be
Agenda Page 36
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 4
responsible for the conduct of the business. Additionally, the applicant shall provide
written confirmation to the Downey Police Department Special Enforcement Team
(S.E.T.) of the identity of any promoter at least five (5) business days in advance of that
promoter’s utilization of the permitted business. The applicant shall provide the following
information regarding the promoter: true name, stage name or aliases, address,
telephone number, and California driver’s license or identification number. The applicant
shall not rent, lease, or sublease the location out for special events or promotional
events not under the direct control of applicant, as aforesaid.
30)31) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
31)32) The owner/applicant and licensee 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 may be increased or decreased as
the Chief of Police determines is necessary.
32)33) Signs shall be posted at any entrance to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot).
33)34) The 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
on the patio and parking lot area (i.e. using illegal substance or intoxicated patrons).
34)35) The 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 that are
worn backwards.
35)36) The owner/applicant and licensee shall comply with and strictly adhere to all conditions
of any permit issued by the California State Department of Alcoholic Beverage Control
(“ABC”) to the applicant and any applicable regulations of ABC.
36)37) The sale of all alcoholic beverages for consumption off the premises is prohibited.
37)38) A copy of this conditional use permit and any Police 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.
38)39) The Licensee shall be responsible for monitoring the bar area to prevent anyone under
the age of 21 from consuming alcohol. The licensee shall also be responsible in
preventing anyone from furnishing alcohol to any person under the age of 21.
39)40) The Licensee shall be responsible for monitoring the business to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
40)41) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
Agenda Page 37
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 5
41)42) There shall be no unpermitted signage or advertising of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
42)43) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty-four (24) hours.
FIRE
43)44) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
44)45) All construction shall comply with the 2007 2013 California Fire Code.
45)46) Prior to operation of the business, an Automatic Fire Alarm and Detection System shall
be installed.
BUILDING
46)47) All construction shall comply with the 2007 2013 California Building Code and Title 24 of
the California Energy Code.
47)48) Prior to operation of the business, the applicant shall obtain permits to change the
occupancy of the building to an ‘A’ Occupancy. This shall also include meeting Title 24
handicap accessibility.
48)49) 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.
49)50) The owner/applicant shall clearly post the maximum occupancy, as determined by the
Building Official. The owner/applicant shall not permit the actual occupancy of the
building to exceed the maximum allowed.
PUBLIC WORKS
50)51) 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.
51)52) Prior to commencing operation of the business, the owner/applicant shall construct
handicap ramp at the northeast corner of New Street and Second Street. The handicap
ramp shall be constructed per APWA Standards Plans and Specifications. Prior to
beginning construction on said ramp, the applicant shall obtain a construction permit
from the City of Downey Public Works Department.
Agenda Page 38
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 6
52)53) If applicable, The the applicant shall install all new utilities associated with this project
underground.
53)54) Prior to operation of the business, the owner/applicant shall provide a refuse enclosure
with roof cover, show trash enclosure specifications (location, size).
54)55) 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.
55)56) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub-standard curb,
gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage,
shall be replaced to the satisfaction of the Public Works Department. Please contact the
Public Works inspection Office at (562) 904-7110 to have these areas identified on the
plans, just prior to applying for a Building Permit. 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 Specification for Public Works Construction
and as modified by the City of Downey’s Standard Plans and Specifications.
56)57) Any construction activity 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.
57)58) Should a new or expanded sewer connection be required, the owner/applicant shall
provide that the design and improvements of sewers shall be to the standards of the City
Engineering Division, Septic systems are not acceptable.
58)59) Prior to final of building permits, the owner/applicant shall remove all construction graffiti
created as part of this project from the public right-of-way and on the subject site.
Agenda Page 39
PLN-15-00132 – 8237-8239 Second St
September 16, 2015 – Page 7
REVISED CONDITIONS OF APPROVAL
(REVISION “E” OF RESOLUTION NO. 11-2721)
PLANNING
1) Unless modified hereafter, Planning Commission Resolution No. 09-2583, which
approved Revision ‘D’ to Conditional Use Permit 03-05, and all conditions of approval
contained therein shall remain in effect and full force. Resolution No. 2266, Resolution
No. 2266-A, Resolution No. 2444, Resolution No. 2518, Resolution No. 09-2583, and
Resolution No. 11-2721 are hereby repealed because the operative conditions of
approval have been consolidated into this resolution.
2) Condition of Approval No. 14 of Planning Commission Resolution No. 09-2583 shall be
hereby deleted. There shall be no age restriction on the patrons of the business;
however, the applicant shall take all necessary steps to ensure that alcohol is not sold,
given to, or consumed by persons under the age of 21.
3) Six (6) months after the commencement of business, the Planning Commission shall
conduct a review of the business in a duly noticed public hearing. The purpose of the
review is to ensure the business’s compliance with the conditions of approval set forth in
Planning Commission Resolutions 09-0583 and 11-2721.
Agenda Page 40
EXIBIT 'F' Original Approved Conditions of Approval
Revisions 'D' and 'E'
Agenda Page 41
Agenda Page 42
Agenda Page 43
Agenda Page 44
Agenda Page 45