HomeMy WebLinkAbout3. PLN-15-00159, 11040 Downey AvenueSTAFF REPORT
PLANNING DIVISION
DATE: NOVEMBER 18, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: JESSICA J. FLORES, ASSOCIATE PLANNER
SUBJECT: PLN-15-00159 (SITE PLAN REVIEW AND CONDITIONAL USE
PERMIT) – A REQUEST TO CONVERT AN EXISTING 4,169 SQ. FT.
OFFICE BUILDING INTO A RESTAURANT (CIELO RESTAURANT &
LOUNGE), WITH AN ALCOHOLIC BEVERAGE CONTROL (ABC)
TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE; ADD A
NEW 2,653 SQ. FT. ROOF-TOP BAR/LOUNGE AREA; A 408 SQ. FT.
FRONT OUTDOOR DINING AREA, AND A 914 SQ. FT. REAR
OUTDOOR DINING AREA. ADDITIONALLY THIS REQUEST IS TO
ALLOW LIVE ENTERTAINMENT, OFF-SITE PARKING AND VALET
PARKING
LOCATION: 11040 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN SPECIFIC PLAN – DOWNTOWN CORE
DISTRICT)
REPORT SUMMARY
The proposed project involves a request to convert an existing 4,169 sq. ft. office building (which
includes a 192 sq. ft. mezzanine), into a restaurant (Cielo Restaurant & Lounge), with an
Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license. The
proposed conversion also includes the addition of a new 2,653 sq. ft. roof-top bar/lounge area, a
408 sq. ft. front outdoor dining area, and a 914 sq. ft. rear outdoor dining area. In addition, this
request is also to allow live entertainment, off-site parking and valet parking for the proposed
use. Therefore, the Applicant seeks the Planning Commission’s approval of PLN-15-00159 for
Site Plan Review (SPR) for site improvements and a Conditional Use Permit (CUP) for the
outdoor dining areas, live entertainment, off-site parking and valet parking in the DDSP Zone.
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-15-00159 (SITE PLAN REVIEW AND CONDITIONAL USE
PERMIT), TO CONVERT AN EXISTING 4,169 SQ. FT. OFFICE BUILDING INTO A
RESTAURANT (CIELO RESTAURANT & LOUNGE), WITH AN ALCOHOLIC
BEVERAGE CONTROL (ABC) TYPE 47 (ON-SALE GENERAL, EATING PLACE)
LICENSE, ADD ING A NEW 2,653 SQ. FT. ROOF-TOP BAR/LOUNGE AREA, A 408
Agenda Page 1
PLN-15-00159 11040 Downey Avenue
November 18, 2015 - Page 2
SQ. FT. FRONT OUTDOOR DINING AREA, AND A 914 SQ. FT. REAR OUTDOOR
DINING AREA. ADDITIONALLY, ALLOWING LIVE ENTERTAINMENT, OFF-SITE
PARKING AND VALET PARKING AT PROPERTY LOCATED AT 11040 DOWNEY
AVENUE, ZONED DDSP (DOWNTOWN SPECIFIC PLAN – DOWNTOWN CORE
DISTRICT)
DISCUSSION
The Applicant requests approval of PLN-15-00159 to facilitate the conversion of an existing
4,169 sq. ft. office building (which includes a 192 sq. ft. mezzanine), into a restaurant (Cielo
Restaurant & Lounge) on property located at 11040 Downey Avenue, in Downey. The subject
site is comprised of an 8,826 sq. ft. lot located at the northeast corner of Downey Avenue and
Second Street, and includes an existing 4,169 sq. ft. office building.
Commercial buildings and uses, including restaurants, retail, and offices, are located to the
north, south east and west of the subject site, and are zoned DDSP (Downtown Downey
Specific Plan). In addition, 50-unit housing development (known as The Downey View)
located to the southeast of the subject site; it is also zoned DDSP. The subject property is
zoned DDSP and its General Plan land use designation is MU (Mixed Use).
Site Plan Review
Section 9820 of the Code discusses the intent and purpose of site plan review, which is to
provide a streamlined administrative review process for verifying a project’s compliance with
the requisite development, design, and use standards, while assuring interested parties that
proposed uses, structures, designs, and site improvements comply with the provisions of the
Code before preparation of plans for building permits.
ANALYSIS
The proposed project at the subject site entails the conversion of an existing office building, into
a restaurant and lounge. Said building will remain, with minor additions of outdoor seating areas
at the front and rear of the building. Due to the roof-top bar/lounge area being proposed as
open-air, it is not considered an addition for purposes of development standards, but does
increase required parking. The following table summarizes the required, existing, and proposed
development standards for the site:
DDSP (Downtown Downey Specific Plan – Downtown Core) Development Standards
Design Standard Existing/Proposed
Lot Area 2,500 sq. ft. (Minimum) 8,826 sq. ft.
Floor Area Ratio 1.5 (Maximum) 0.47
Lot Coverage 100% (Maximum) 47%
Building Height 45 ft. or 3 stories (Maximum) 26.2 ft.
Front Setback
Minimum 0 inches, maximum 18 inches for new
buildings 6 ft., 5 inches
Side - Interior Setback 0 inches/ft. (Minimum) 0 inches
Side - Street Setback Minimum 0 inches, maximum 5 ft. for new buildings 2 ft., 9 inches
Rear Setback 0 inches/ft. (Minimum) 64 ft.
Max. Ground Floor 20,000 sq. ft. (Maximum) 3,977 sq. ft.
Parking 41 13 on-site/valet, 28 off-site/valet
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The existing office building that will be repurposed into a restaurant and lounge, includes a
3,977 sq. ft. first floor and a 192 sq. ft. mezzanine area. The Downey Avenue, west-facing side
of the building measures approximately 64 ft. in length and is considered the front of the
building, with a building depth of approximately 62 ft. The aforementioned frontage is to be the
main entrance into the proposed restaurant. The proposed project also includes the addition of a
new 408 sq. ft. front outdoor dining area, a 914 sq. ft. rear outdoor dining area, and 2,653 sq. ft.
open-air, roof-top bar/lounge area.
Architecture
Due to the existing office building’s proposed reuse, the present architecture of the building is to
be conserved, with some minimal exterior improvements that include the following:
• Open-air bar/service and mechanical screening area, restrooms, and trellis patios in the
roof-top, lounge area;
• Outdoor, front and rear seating areas enclosed by required walls;
• Steel stairways to the roof-top, lounge area; and
• Three windows, an entry doorway, a faux window, and light fixtures on the ground floor.
The Applicant proposed to continue the existing architectural style of the building in the minor
additions to the building. Existing yellow brick veneer and oatmeal-colored stucco, to match
existing materials, will be continued into the proposed roof-top screening, bar/service and
restroom walls as demonstrated on the proposed west elevation and roof elevations. The
proposed open trellis patios are to be finished in the same oatmeal color and are to
architecturally match the existing first floor, front patio cover. The roof-top lounge area also
includes clear glass-panels for safety and to allow patron visibility onto Downey Avenue.
The ground floor is proposed to be opened-up with several new, smoked-glass windows and a
doorway. Additionally, a faux window to match the new windows is proposed on the west
elevation. Placing a window at this area will provide visual balance to the façade. It is proposed
as a faux window due to the use of the immediate interior space as restrooms facilities.
Additionally, two new stairways to the roof-top lounge are proposed at the east elevation of the
building. These stairways are also to be finished in an oatmeal (off-white) paint color to match
the existing building’s colors. Anodized bronze light fixtures are proposed at the west, south and
east elevations.
The proposed front, 408 sq. ft. outdoor dining area is to be enclosed by a 42-inch. high anodized
bronze wrought iron fence. The proposed rear, 914 sq. ft. outdoor dining area, is to be enclosed
by an existing 5.5 foot off-white, concrete fence to the south, and a new 6 foot tall wrought iron
fence with landscaping to the east.
Landscaping
Due to the proposed reuse of an existing building, the applicant is not required to provide new
landscaping on-site. As such, existing landscape planters located to the south of the property
will remain, while new ivy is proposed at the east, wrought iron fence that is to enclose the rear
outdoor seating area. Since the applicant did not define the type of ivy he is proposing, staff is
recommending Macfadyena unguis cati, also known as Cat’s Claw. This drought-tolerant
climbing vine, self-attaches to any wall or fence and provides a yellow, trumpet flower for color
and softening of the enclosure fence.
Agenda Page 3
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Parking
The proposed conversion of the subject site from an office use to a restaurant increases the
required parking for the site from 12 parking spaces to 41 spaces. The applicant proposes to
provide the remaining 29 required parking spaces both on-site and off-site. 13 on-site parking
spaces are to be located on the east/rear side of the subject site. These spaces are proposed
as tandem, valet-size spaces, because the applicant is filing a CUP for valet-parking
concurrently. These spaces are to be accessible via an adjacent public driveway and will be
parked by valet attendants only, with the exception of one required ADA parking space as
shown on the proposed site plan. Additionally, the applicant proposes to lease 28 off-site
parking spaces, of which only 16 are required parking spaces for the restaurant, from Downey
United Methodist Church located at 10801 Downey Avenue. As such, the on-site and off-site
parking spaces total 41 parking spaces and all required parking is being met, subject to the
approval of a CUP for both off-site and valet parking, which is discussed further in this report.
Conditional Use Permit
Outdoor Dining
DDSP Section 2.4.4 – Encroachments, allows for outdoor eating/dining areas that encroach into
the public right-of-way, subject to approval by the City Planner. The DMC requires outdoor
eating areas are to be enclosed by a solid decorative masonry wall or decorative ornamental
wrought iron fence of not less than forty-two (42) inches in height and should not impede
pedestrian movement, ADA access, or access to adjacent properties. Since the applicant must
go through a discretionary process for a CUP for valet and off-site parking, staff found it prudent
for the Planning Commission to concurrently review the proposed outdoor, dining area as well.
The applicant proposes two outdoor seating areas, one of which encroaches into the public
right-of-way. As proposed, the front dining, patio area encroaches 5 ft., 8 inches into the public
right-of-way, leaving 5 ft., 1 inch free and clear for pedestrian and ADA access off of Downey
Avenue. Said dining area will be enclosed by an anodized, bronze wrought iron fence of not less
than 42 inches in height. The rear 914 sq. ft. patio, dining area, is within the confines of the
subject site and does not require Planning Commission review.
Off-Site Parking
DDSP Section 5.4.2 – Downtown Parking Credits subsection Off-Site Parking, allows for off-site
parking subject to the approval of a CUP by the Planning Commission and meeting the following
requirements: 1) The total number of parking spaces shall not be less than the sum of the
requirements for each of the individual uses on all of the parcels involved; 2) all of the parcels
involved are within the boundaries of the DDSP; and 3) an off-site parking agreement shall be
reviewed and approved by the City Attorney, with annual reviews by the City Planner confirming
the agreement continues in full effect.
The applicant proposes to lease 28 parking spaces from Downey United Methodist Church.
After reviewing the proposed off-site parking location, staff found that all requirements to allow
off-site parking at the church are being met by the applicant. The total number of parking spaces
at the church exceeds the sum of the requirements of the church (68 parking spaces) and the
required restaurant parking spaces (only 16 are required off-site), being that 85 parking spaces
exist at the church site. Additionally, both parcels involved in the off-site parking agreement, are
within the DDSP area, and the two parties involved with the proposed agreement have
submitted an approved off-site parking agreement to the satisfaction of the City Attorney.
Agenda Page 4
PLN-15-00159 11040 Downey Avenue
November 18, 2015 - Page 5
Valet Parking
Downey Municipal Code Section 9722 – Attendant/Valet Parking, allows for attendant/valet
parking subject to the approval of a CUP by the Planning Commission, and meeting the
following requirements: 1) A parking space shall be permitted not less than 8 ft. in width nor less
than 15 ft. in depth; 2) a 24 ft. driveway aisle shall be required to access 90 degree
attendant/valet parking spaces; and 3) tandem parking may be permitted.
The applicant proposed valet parking services using both the public right-of-way and the subject
site. As shown on the proposed site plan, a valet attendant station is proposed to be set-up on
the existing sidewalk on the south side of the subject building, immediately adjacent to Second
Street. This station will service six, 9 ft. wide by 20 ft. long, designated valet drop-off/pick-up
spaces located on Second Street.
The applicant is also proposing 13 on-site parking spaces, 12 of which are tandem, valet
spaces, that meet the minimum width and depth requirement, while a 13th on-site space is
proposed to meet ADA requirements for the restaurant. All have an adjacent access driveway of
24 ft., 4 inches. Additionally, valet parking will also be provided off-site, with the leasing of 28
parking spaces at the United Methodist church. A circulation plan has been included in the
proposed plans, and the applicant is confident that the valet staff will have a turn time of
approximately 3 minutes to and from the off-site parking lot and the subject site, as
demonstrated in the proposed circulation plan.
Staff has reviewed this valet proposal with the Public Works Department and is confident that
the use of the public right-of-way will be of benefit to this, and possibly other downtown uses in
the near future. As such, staff is in support of the valet drop-off/pick-up area being located in the
public right-of-way. Additionally, the Public Works Department has included conditions of
approval to mitigate any potential issues with the off-site valet station, drop-off/pick-up area, off-
site valet parking and circulation plan.
Live Entertainment
DDSP Section 2.3 – Permitted Uses, allows for live entertainment subject to the approval of a
CUP by the Planning Commission. The applicant intends to operate the proposed restaurant at
the subject site with an ABC Type 47 license, which allows the sale of alcohol for on-site
consumption in conjunction with a restaurant. This type of ABC license does not require
Planning Commission review; however, the applicant also proposes to host live entertainment in
the form of a DJ, dancing, and bands in conjunction to the restaurant. These activities require
Planning Commission review and approval.
Live entertainment is proposed in designated areas on both the ground floor and roof-top lounge
area. The designated dance floor area of the first floor restaurant is proposed at the center, as a
15 ft. by 15 ft. area, with a 10 ft. by 10 ft. location for a DJ and/or band proposed immediately
adjacent and to the west of the designated dance area. The roof-top dance floor area is also
designated as a 15 ft. by 15 ft. area in the center of the building, with the proposed 10 ft. by 10
ft. location for a DJ and/or band located to the most westerly portion of the building, to be
located as away from residential uses to the southwest of the subject site as possible.
Live entertainment areas are proposed on an as-need basis, being that the applicant wishes to
use the space for dining and/or seating, and arrange for live entertainment as he finds it fit for
his patrons and his business plan. Proposed hours of operation are 7:00 a.m. until 2 a.m. seven
Agenda Page 5
PLN-15-00159 11040 Downey Avenue
November 18, 2015 - Page 6
(7) days a week with the live entertainment proposed between 7:00 a.m. until 1:30 a.m. Finally,
the applicant has submitted a preliminary security plan to the Police Department, which is
currently under review and awaiting approval of this CUP.
DEVELOPMENT REVIEW COMMITTEE
On August 6, 2015, the Development Review Committee (DRC) discussed and evaluated the
aspects of the project PLN-15-00159 proposes that pertain to Planning, Police, Fire, Public
Works, and Building and Safety matters. Building and Safety indicated a concern with egress
and ADA requirements, which have been preliminary addressed and will be finalized through the
plan check process; additionally, conditions of approval requiring the proposed use adhere to
current Building Code requirements, has been included to mitigate this concern. The Police
Department indicated concerns with security and noise, to which the applicant responded with a
preliminary security plan; furthermore, conditions of approval have been included to mitigate
noise concerns and requiring a final security plan be submitted to the Police Department. The
Public Works Department discussed the various aspects of the off-site and valet parking, as well
as circulation, to which the applicant responded with a circulation plan. In addition Public Works
has included several conditions of approval to diminish any impacts the proposed project will
have on the surrounding neighborhood.
FINDINGS
Site Plan Review
Section 9820 of the Downey Municipal Code provides that the Planning Commission shall make
the following findings in approving or conditionally approving an application for Site Plan Review:
1. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the Council.
Those goals and policies of the Downey General Plan (Vision 2025) are addressed as
follows: Goal 2.5 of the Circulation Element is, “Address the impacts from the lack of
parking,” while Policy 2.5.1 seeks to provide for adequate parking to meet parking
demands. The proposed site and circulation plans, in addition to the submitted off-site
parking agreement, provide all required parking spaces for the subject site’s conversion
from an office to a restaurant use. Goal 8.1 of the Design Element is to “Promote quality
design for new, expanded and remodeled construction” and Policy 8.1.1 seeks to
promote architectural design of the highest quality. The applicant proposes to continue
the existing building’s architecture throughout the minor alterations to the building, which
follows a clean and straight edge form. Goal 9.1 of the General Plan is “Attract and
retain businesses” and Program 9.1.1.5 seeks to continue the revitalization of
commercial and industrial corridors. The proposed reuse of the existing office building is
attracting a new restaurant and continues the revitalization efforts of the Downtown
Downey area.
2. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. PLN-15-00159
proposes to convert an existing 4,169 sq. ft. office building (which includes a 192 sq. ft.
mezzanine), into a restaurant (Cielo Restaurant & Lounge), with an Alcoholic Beverage
Control (ABC) Type 47 (On-Sale General, Eating Place) license. The proposed
conversion also includes the addition of a new 2,653 sq. ft. roof-top bar/lounge area, a
408 sq. ft. front outdoor dining area, and a 914 sq. ft. rear outdoor dining area. The
subject property is zoned Downtown Downey Specific Plan (DDSP) – Downtown Core.
Agenda Page 6
PLN-15-00159 11040 Downey Avenue
November 18, 2015 - Page 7
The DDSP - Downtown Core is intended to create a vibrant, pedestrian-oriented
downtown with a mix of uses with unique walkable shopping, dining, and living
experience. The project PLN-15-00159 proposes is in accordance with the purposes and
objectives of the DDSP - Downtown Core for the following reasons: the proposed
restaurant and lounge is a use that is appropriate for the zoning designation; the
architectural design of the proposed minimal additions to the building will complement
the existing building and area, as well as incorporate exterior building materials that are
commonly used for commercial construction and on the existing building; and the
proposed restaurant and lounge will create an attractive building and contribute to the
revitalization of the downtown area.
3. That the proposed development’s site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City. The building changes that PLN-15-00159 proposes,
follow the existing commercial architectural style. The project proposes to continue the
existing features of the existing building in the minor additions to the restaurant. Yellow
brick veneer and oatmeal-colored stucco, to match existing materials, will be continued
into the proposed roof-top screening, bar/service and restroom walls as demonstrated
on the proposed west elevation and roof elevations. The proposed open trellis patios are
to be finished in the same oatmeal (off-white) color and are to architecturally match the
existing first floor, front patio cover. The roof-top lounge area also includes clear glass-
panels for safety and to allow patron visibility onto Downey Avenue.
The ground floor is proposed to be opened-up with several new, smoked-glass windows
and a doorway. Additionally, a faux window to match the new windows is proposed on
the west elevation. Additionally, two new stairways to the roof-top lounge are proposed
at the east elevation of the building. These stairways are also to be finished in an
oatmeal paint to match the existing building’s colors. Anodized bronze light fixtures are
proposed at the west, south and east elevations. The proposed front, 408 sq. ft. outdoor
dining area is to be enclosed by a 42 inch. anodized bronze wrought iron fence. The
proposed rear, 914 sq. ft. outdoor dining area, is to be enclosed by an existing 5.5 ft. off-
white, concrete fence to the south, and a new 6 ft. wrought iron fence with landscaping
to the east.
Due to the proposed reuse of an existing building, the applicant is not required to provide
new landscaping on-site, as such, existing landscape planters located to the south of the
property will remain. New ivy is proposed adjacent to the east wrought iron fence that is
to enclose the rear outdoor seating area. Since the applicant did not define the type of
ivy that is to be used on this fence, staff has incorporated a condition of approval
requiring Macfadyena unguis cati, also known as Cat’s Claw, be used. As such, the
proposal, with the addition of this condition of approval, will integrate harmoniously and
enhance the character and design of the site and the immediate downtown
neighborhood.
4. That the site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets. The proposed conversion of the subject building from an
office use to a restaurant increases the required parking for the site from 12 parking
spaces to 41 spaces. There are 13 parking spaces on the site currently. The applicant
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proposes to meet the DDSP parking standard by reconfiguring the existing layout into 13
tandem spaces. Since the applicant is concurrently filing a CUP for valet-parking. These
spaces are to be accessible via an adjacent public driveway and will be parked by valet
attendants only, with the exception of one required ADA parking space as shown on the
proposed site plan. Additionally, the applicant proposes to lease 28 off-site parking
spaces, of which only 16 are required parking spaces for the restaurant, from Downey
United Methodist Church located at 10801 Downey Avenue. As such, the on-site and
off-site parking spaces will total 41 parking spaces. Additionally, a circulation plan has
been considered for the off-site and valet parking spaces and conditions of approval
have been incorporated to mitigate any potential issues with the off-site valet station,
drop-off/pick-up area, off-site valet parking and circulation plan.
5. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The development PLN-15-00159 proposes, reuses and
converts an existing 4,169 sq. ft. office building, into a restaurant. The proposed
conversion also includes the addition of a new 2,653 sq. ft. roof-top bar/lounge area, a
408 sq. ft. front outdoor dining area, and a 914 sq. ft. rear outdoor dining area. Due to
the reuse of the existing building and continuity of the architecture, the proposed
development will improve the community appearance without permitting extreme
dissimilarity or monotony in the alterations of building.
6. That the site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
PLN-15-00159 proposes to upgrade the subject site by repurposing an existing 4,169
sq. ft. office building, into a restaurant. This proposal will improve property values in the
vicinity, improve the streetscape of Downey Avenue, and result in a structure that
complies with current Building and Fire Code regulations for structural integrity, and
building and fire safety. It will result in an attractive project and should become an
impetus for neighboring commercial property reuse and revitalization.
7. That the proposed development’s site plan and its design features will include
graffiti-resistant features and materials in accordance with the requirements of
Section 4960 of Chapter 10 of Article IV of this Code. The Conditions of Approval for
PLN-15-00159 will include a condition stating that the design features will incorporate
graffiti resistant materials.
Conditional Use Permit
Pursuant to Municipal Code Section 9824.06, four (4) findings must be adopted prior to the
Planning Commission approving a Conditional Use Permit. Staff has reviewed the proposal and
has developed the following findings for the approval of the PLN-15-00159:
1. That the requested conditional use permit will not adversely affect the purpose
and intent of this chapter or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof. The
requested conditional use permit for off-site parking, valet parking, outdoor dining, and
live entertainment will not adversely affect the purpose and intent of the Downey
Municipal Code, or the public convenience or general welfare of persons residing or
working in the neighborhood nearby because the proposed use is compatible with the
development patterns in the area, it is an appropriate use of land in the DDSP –
Agenda Page 8
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Downtown Core zone, the existing size and shape of the subject property meet the
City’s development standards for the DDSP area, the use satisfies the parking
requirements for a restaurant pursuant to the approval of this CIP, and it provides
appropriate circulation and vehicular access.
The subject site has a General Plan Land Use Designation of MU (Mixed Use), which
is being implemented by the DDSP – Downtown Core zone. The DDSP - Downtown
Core is intended to create a vibrant, pedestrian-oriented downtown with a mix of uses
with unique walkable shopping, dining, and living experience. The project PLN-15-00159
proposes is in accordance with the purposes and objectives of the DDSP - Downtown
Core for the following reasons: the proposed restaurant and lounge is a use that is
appropriate for the zoning designation; the architectural design of the proposed
building’s minimal additions will complement the existing building and area, as well as
incorporate exterior building materials that are commonly used for commercial
construction and on the existing building; and the proposed restaurant and lounge, will
create an attractive building and contribute to the revitalization of the downtown area.
Furthermore, staff is of the opinion that the combined goals and policies of the
General Plan are to ensure the City is developed in a harmonious manner that
minimizes impacts to the public and environment. Approval of this project will
address on-site and off-site parking, valet and circulation issues, as well as live
entertainment, thus making the project more harmonious with the surrounding uses,
being that conditions of approval have been incorporated so as to avoid impacts to
surrounding properties.
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
proposed conditional use will not adversely affect the adjoining land uses since the
proposed use conforms to its DDSP - Downtown Core development standards and other
uses in the vicinity currently exist with similar uses. Nevertheless, conditions of approval
have been incorporated to mitigate any potential issues related to the approval of this
conditional use permit.
3. That the size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular
area. The size and shape of the subject property is generally adequate to allow for the
reuse of the existing office building into a restaurant and lounge, because the project site
exceeds the required minimum 2,500 square foot lot size for a development in the DDSP
area:
DDSP (Downtown Downey Specific Plan – Downtown Core) Development Standards
Design Standard Existing/Proposed
Lot Area 2,500 sq. ft. (Minimum) 8,826 sq. ft.
Floor Area Ratio 1.5 (Maximum) 0.47
Lot Coverage 100% (Maximum) 47%
Building Height 45 ft. or 3 stories (Maximum) 26.2 ft.
Front Setback
Minimum 0 inches, maximum 18 inches
for new buildings 6 ft., 5 inches
Side - Interior Setback 0 inches/ft. (Minimum) 0 inches
Side - Street Setback
Minimum 0 inches, maximum 5 ft. for
new buildings 2 ft., 9 inches
Rear Setback 0 inches/ft. (Minimum) 64 ft.
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Max. Ground Floor 20,000 sq. ft. (Maximum) 3,977 sq. ft.
Parking 41
13 on-site/valet, 28 off-
site/valet
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 at the southeast corner
of Downey Avenue and Second Street. Staff has reviewed the proposal and any
potential increase in traffic caused by the proposed change of use, and it is staff’s
opinion that the surrounding streets and highways in the area have sufficient capacity to
accommodate the increase in traffic that the use will generate. Additionally, the proposal
has taken into consideration and delineated a circulation plan for off-site and valet
parking associated with the development to the satisfaction of City Staff.
Nevertheless, conditions of approval have been incorporated to mitigate any potential
issues related to the approval of this conditional use permit.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence
regarding this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-15-00159, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
Exhibits: “A” - Zoning Map
“B” - Aerial Photograph
“C” - Site Photographs – West Elevation and South Elevation
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Exhibit “A”
ZONING MAP
Agenda Page 11
PLN-15-00159 11040 Downey Avenue
November 18, 2015 - Page 12
Exhibit “B”
AERIAL PHOTOGRAPH
Agenda Page 12
PLN-15-00159 11040 Downey Avenue
November 18, 2015 - Page 13
Exhibit “C”
SITE PHOTOGRAPH - WEST ELEVATION
SITE PHOTOGRAPH - SOUTH ELEVATION
Agenda Page 13
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-15-00159 (SITE PLAN REVIEW AND CONDITIONAL USE
PERMIT), TO CONVERT AN EXISTING 4,169 SQ. FT. OFFICE BUILDING INTO A
RESTAURANT (CIELO RESTAURANT & LOUNGE), WITH AN ALCOHOLIC
BEVERAGE CONTROL (ABC) TYPE 47 (ON-SALE GENERAL, EATING PLACE)
LICENSE, ADDING A NEW 2,653 SQ. FT. ROOF-TOP BAR/LOUNGE AREA, A 408
SQ. FT. FRONT OUTDOOR DINING AREA, AND A 914 SQ. FT. REAR OUTDOOR
DINING AREA. ADDITIONALLY, ALLOWING LIVE ENTERTAINMENT, OFF-SITE
PARKING AND VALET PARKING AT PROPERTY LOCATED AT 11040 DOWNEY
AVENUE, ZONED DDSP (DOWNTOWN 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 July 22, 2015 the Applicant submitted a Land Use Permit Application (PLN-
15-00159) to facilitate the conversion of an existing 4,169 sq. ft. office building
into a restaurant (Cielo Restaurant & Lounge) with a Type 47 (on-sale general,
eating place) Alcohol Beverage Control (ABC) license, outdoor dining, off-site
parking, valet parking, and live entertainment all on property located at 11040
Downey Avenue.
B. PLN-15-00159 involves the Planning Commission’s consideration and approval of
the following: 1) Site plan review to evaluate the proposal’s compliance with the
City’s development standards, and 2) a conditional use permit for outdoor dining
that encroaches into the public right-of-way, off-site parking, valet parking, and
live entertainment.
C. The subject property is zoned DDSP (Downtown Downey Specific Plan –
Downtown Core District).
D. The General Plan designation of the subject property is MU (Mixed Use).
E. On November 5, 2015 notice of the pending public hearing for PLN-15-00159
was published in the Downey Patriot and was mailed to all property owners within
500 feet of the subject site.
F. The Planning Commission held a duly noticed public hearing on November 18,
2015, and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted Resolution No.______,
approving PLN 15-00159.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
comply with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15332 (Class 32, Infill Developments).
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:
Agenda Page 14
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 2
Site Plan Review
A. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the
Council. Those goals and policies of the Downey General Plan (Vision 2025) are
addressed as follows: Goal 2.5 of the Circulation Element is, “Address the
impacts from the lack of parking,” while Policy 2.5.1 seeks to provide for adequate
parking to meet parking demands. The proposed site and circulation plans, in
addition to the submitted off-site parking agreement, provide all required parking
spaces for the subject site’s conversion from an office to a restaurant use. Goal
8.1 of the Design Element is to “Promote quality design for new, expanded and
remodeled construction” and Policy 8.1.1 seeks to promote architectural design of
the highest quality. The applicant proposes to continue the existing building’s
architecture throughout the minor alterations to the building, which follows a clean
and straight edge form. Goal 9.1 of the General Plan is “Attract and retain
businesses” and Program 9.1.1.5 seeks to continue the revitalization of
commercial and industrial corridors. The proposed reuse of the existing office
building is attracting a new restaurant and continues the revitalization efforts of
the Downtown Downey area.
B. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. PLN-15-
00159 proposes to convert an existing 4,169 sq. ft. office building (which includes
a 192 sq. ft. mezzanine), into a restaurant (Cielo Restaurant & Lounge), with an
Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place)
license. The proposed conversion also includes the addition of a new 2,653 sq. ft.
roof-top bar/lounge area, a 408 sq. ft. front outdoor dining area, and a 914 sq. ft.
rear outdoor dining area. The subject property is zoned Downtown Downey
Specific Plan (DDSP) – Downtown Core. The DDSP - Downtown Core is intended
to create a vibrant, pedestrian-oriented downtown with a mix of uses with unique
walkable shopping, dining, and living experience. The project PLN-15-00159
proposes is in accordance with the purposes and objectives of the DDSP -
Downtown Core for the following reasons: the proposed restaurant and lounge is
a use that is appropriate for the zoning designation; the architectural design of the
proposed minimal additions to the building will complement the existing building
and area, as well as incorporate exterior building materials that are commonly
used for commercial construction and on the existing building; and the proposed
restaurant and lounge will create an attractive building and contribute to the
revitalization of the downtown area.
C. That the proposed development’s site plan and its design features,
including architecture and landscaping, will integrate harmoniously and
enhance the character and design of the site, the immediate neighborhood,
and the surrounding areas of the City. The building changes that PLN-15-
00159 proposes, follow the existing commercial architectural style. The project
proposes to continue the existing features of the existing building in the minor
additions to the restaurant. Yellow brick veneer and oatmeal-colored stucco, to
match existing materials, will be continued into the proposed roof-top screening,
bar/service and restroom walls as demonstrated on the proposed west elevation
and roof elevations. The proposed open trellis patios are to be finished in the
same oatmeal (off-white) color and are to architecturally match the existing first
Agenda Page 15
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 3
floor, front patio cover. The roof-top lounge area also includes clear glass-panels
for safety and to allow patron visibility onto Downey Avenue.
The ground floor is proposed to be opened-up with several new, smoked-glass
windows and a doorway. Additionally, a faux window to match the new windows is
proposed on the west elevation. Additionally, two new stairways to the roof-top
lounge are proposed at the east elevation of the building. These stairways are
also to be finished in an oatmeal paint to match the existing building’s colors.
Anodized bronze light fixtures are proposed at the west, south and east
elevations. The proposed front, 408 sq. ft. outdoor dining area is to be enclosed
by a 42 inch. anodized bronze wrought iron fence. The proposed rear, 914 sq. ft.
outdoor dining area, is to be enclosed by an existing 5.5 ft. off-white, concrete
fence to the south, and a new 6 ft. wrought iron fence with landscaping to the
east.
Due to the proposed reuse of an existing building, the applicant is not required to
provide new landscaping on-site, as such, existing landscape planters located to
the south of the property will remain. New ivy is proposed adjacent to the east
wrought iron fence that is to enclose the rear outdoor seating area. Since the
applicant did not define the type of ivy that is to be used on this fence, staff has
incorporated a condition of approval requiring Macfadyena unguis cati, also
known as Cat’s Claw, be used. As such, the proposal, with the addition of this
condition of approval, will integrate harmoniously and enhance the character and
design of the site and the immediate downtown neighborhood.
D. That the site plan and location of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public streets. The proposed
conversion of the subject site from an office use to a restaurant increases the
required parking for the site from 12 parking spaces to 41 spaces. The applicant
proposes to provide the remaining 29 required parking spaces both on-site and off-
site. 13 on-site parking spaces are to be located on the east/rear side of the subject
site. These spaces are proposed as tandem, valet-size spaces, being that the
applicant is concurrently filing a CUP for valet-parking. These spaces are to be
accessible via an adjacent public driveway and will be parked by valet attendants
only, with the exception of one required ADA parking space as shown on the
proposed site plan. Additionally, 28 off-site parking spaces, of which only 16 are
required parking spaces for the restaurant, are proposed to be leased from Downey
United Methodist Church located at 10801 Downey Avenue. As such, the on-site
and off-site parking spaces total 41 parking spaces and all required parking is being
met. Additionally, a circulation plan has been considered for the off-site and valet
parking spaces and conditions of approval have been incorporated to mitigate any
potential issues with the off-site valet station, drop-off/pick-up area, off-site valet
parking and circulation plan.
E. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The development PLN-15-00159 proposes, reuses and
converts an existing 4,169 sq. ft. office building, into a restaurant. The proposed
conversion also includes the addition of a new 2,653 sq. ft. roof-top bar/lounge
Agenda Page 16
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 4
area, a 408 sq. ft. front outdoor dining area, and a 914 sq. ft. rear outdoor dining
area. Due to the reuse of the existing building and continuity of the architecture, the
proposed development will improve the community appearance without permitting
extreme dissimilarity or monotony in the alterations of building.
F. That the site plan and design considerations shall tend to upgrade property
in the immediate neighborhood and surrounding areas with an
accompanying betterment of conditions affecting the public health, safety,
comfort, and welfare. PLN-15-00159 proposes to upgrade the subject site by
repurposing an existing 4,169 sq. ft. office building, into a restaurant. This proposal
will improve property values in the vicinity, improve the streetscape of Downey
Avenue, and result in a structure that complies with current Building and Fire Code
regulations for structural integrity, and building and fire safety. It will result in an
attractive project and should become an impetus for neighboring commercial
property reuse and revitalization.
G. That the proposed development’s site plan and its design features will
include graffiti-resistant features and materials in accordance with the
requirements of Section 4960 of Chapter 10 of Article IV of this Code. The
Conditions of Approval for PLN-15-00159 will include a condition stating that the
design features will incorporate graffiti resistant materials.
Conditional Use Permit
A. That the requested conditional use permit will not adversely affect the
purpose and intent of this chapter or the City’s General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof. The requested conditional use permit for off-site
parking, valet parking, outdoor dining, and live entertainment will not adversely
affect the purpose and intent of the Downey Municipal Code, or the public
convenience or general welfare of persons residing or working in the
neighborhood nearby because the proposed use is compatible with the
development patterns in the area, it is an appropriate use of land in the DDSP –
Downtown Core zone, the existing size and shape of the subject property meet
the City’s development standards for the DDSP area, the use satisfies the
parking requirements for a restaurant pursuant to the approval of this CUP, and it
provides appropriate circulation and vehicular access.
The subject site has a General Plan Land Use Designation of MU (Mixed Use),
which is being implemented by the DDSP – Downtown Core zone. The DDSP -
Downtown Core is intended to create a vibrant, pedestrian-oriented downtown
with a mix of uses with unique walkable shopping, dining, and living experience.
The project PLN-15-00159 proposes is in accordance with the purposes and
objectives of the DDSP - Downtown Core for the following reasons: the proposed
restaurant and lounge is a use that is appropriate for the zoning designation; the
architectural design of the proposed building’s minimal additions will complement
the existing building and area, as well as incorporate exterior building materials
that are commonly used for commercial construction and on the existing building;
and the proposed restaurant and lounge, will create an attractive building and
contribute to the revitalization of the downtown area. Furthermore, the combined
goals and policies of the General Plan are to ensure the City is developed in a
harmonious manner that minimizes impacts to the public and environment.
Agenda Page 17
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 5
Approval of this project will address on-site and off-site parking, valet and
circulation issues, as well as live entertainment, thus making the project more
harmonious with the surrounding uses, being that conditions of approval have
been incorporated so as to avoid impacts to surrounding properties.
B. 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 proposed conditional use will not adversely affect the adjoining
land uses since the proposed use conforms to its DDSP - Downtown Core
development standards and other uses in the vicinity currently exist with similar
uses. Nevertheless, conditions of approval have been incorporated to mitigate
any potential issues related to the approval of this conditional use permit.
C. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental
to the particular area. The size and shape of the subject property is generally
adequate to allow for the reuse of the existing office building into a restaurant and
lounge, because the project site exceeds the required minimum 2,500 square foot
lot size for a development in the DDSP area:
DDSP (Downtown Downey Specific Plan – Downtown Core) Development Standards
Design Standard Existing/Proposed
Lot Area 2,500 sq. ft. (Minimum) 8,826 sq. ft.
Floor Area Ratio 1.5 (Maximum) 0.47
Lot Coverage 100% (Maximum) 47%
Building Height 45 ft. or 3 stories (Maximum) 26.2 ft.
Front Setback
Minimum 0 inches, maximum 18 inches
for new buildings 6 ft., 5 inches
Side - Interior Setback 0 inches/ft. (Minimum) 0 inches
Side - Street Setback
Minimum 0 inches, maximum 5 ft. for
new buildings 2 ft., 9 inches
Rear Setback 0 inches/ft. (Minimum) 64 ft.
Max. Ground Floor 20,000 sq. ft. (Maximum) 3,977 sq. ft.
Parking 41
13 on-site/valet, 28 off-
site/valet
D. 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 at the
southeast corner of Downey Avenue and Second Street. Staff has reviewed the
proposal and any potential increase in traffic caused by the proposed change of
use, and it is staff’s opinion that the surrounding streets and highways in the area
have sufficient capacity to accommodate the increase in traffic that the use will
generate. Additionally, the proposal has taken into consideration and delineated a
circulation plan for off-site and valet parking associated with the development to
the satisfaction of City Staff. Nevertheless, conditions of approval have been
incorporated to mitigate any potential issues related to the approval of this
conditional use permit.
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-15-00159 (Conditional Use
Agenda Page 18
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 6
Permit and Site Plan Review) 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 18th day of November, 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 18th day of November
2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 19
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 7
EXHIBIT A - CONDITIONS
PLN-15-00159 (Site Plan Review and Conditional Use Permit)
PLANNING
1) This approval of PLN-15-00159 (Conditional Use Permit and Site Plan Review)
authorizes the conversion of an existing 4,169 sq. ft. office building (which includes a 192
sq. ft. mezzanine), into a restaurant (Cielo Restaurant & Lounge), with an Alcoholic
Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license and the
addition of a new 2,653 sq. ft. roof-top bar/dining area, a 408 sq. ft. front outdoor seating
area, and a 914 sq. ft. rear outdoor seating area. Additionally this request is to allow live
entertainment, off-site parking and valet parking on property located at 11040 Downey
Avenue.
2) Approval of this PLN-15-00159 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) 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.
5) The Applicant shall comply with all conditions of approval set forth in this resolution
before the Site Plan Review and Conditional Use Permit become valid.
6) Noise generated from the proposed use shall comply with Municipal Code Section 4600
et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
7) All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and Downey Municipal Code.
8) The applicant shall remove any graffiti applied on the site within 48 hours.
9) All roof-mounted mechanical equipment shall be screened from view. The working
drawings shall include a cross-section detail to illustrate that the height of the building
parapet is sufficient to screen all roof-mounted equipment from view.
Agenda Page 20
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 8
10) The Applicant shall incorporate anti-graffiti elements into the building design, such as
non-porous coatings on exterior wall surfaces, plant materials, and anti-graffiti film on
windows, subject to the approval of the City Planner.
11) All developments in excess of $500,000 valuation that involve the construction or
reconstruction of light industrial, commercial or residential buildings (over 4 units) shall
be subject to the Public Arts Program. The Applicant shall either install public art on their
property or pay a cash payment equal to the public arts fee in accordance with the City of
Downey Manual for Arts in Public Places.
12) Landscape areas shall be maintained permanently, which includes proper watering,
pruning, mowing, weed abatement, removal of litter, fertilizing, and replacement of plants
and other materials when necessary.
13) A parking agreement shall be recorded for the use of 28 parking spaces for off-site and
valet parking purposes, with the property located at 10801 Downey Avenue (a.k.a.
Downey United Methodist Church, AIN: 6254-013-009). A copy of the recorded
agreement shall be provided to the City Planner prior to final occupancy issuance of the
subject site.
14) The Applicant shall comply with Downey Municipal Code Section 9314.06 by enclosing
outdoor eating areas with a decorative masonry wall or decorative ornamental wrought-
iron fence, of not less than forty-two inches (42”) in height.
15) A minimum of two (2) parking/valet attendant shall be located on the premises during
business hours of the use on the subject site.
16) A minimum of two (2) parking/valet attendants shall remain on duty at the subject site
until all those building visitors that have tandem parked cars shall have returned to pick
up said cars.
17) A total of 13 tandem parking spaces, with minimum measurements of 8 ft. wide by 16 ft.
deep/long shall be maintained at all times on the subject site, as shown on the approved
site plan.
18) Live entertainment is limited to the following:
a) Live musical performances (amplified and acoustic); limited to up to seven (7)
piece bands/group
b) Disc jockey
c) A maximum of one dance floor per floor is allowed, not to exceed the following
areas and locations:
i) The first floor dance floor is not to exceed a 15 ft. by 15 ft. area within the
center of the restaurant, as shown on the approved site plan.
ii) The second floor dance floor is not to exceed a 15 ft. by 15 ft. area within
the center of the rooftop bar/dining area, as shown on the approved site
plan.
19) Designated band/disc jockey areas on both the first and second floor of the subject site,
are to be located to the westerly side of the building, as shown on the approved site plan.
Said designated areas shall not exceed a 10 ft. by 10 ft. area.
Agenda Page 21
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 9
20) All amplified sound on the second floor of the subject site, shall face west, towards
Downey Avenue.
21) All lighting at the subject site, shall face west, towards Downey Avenue and shall adhere
to DMC Section 9520.06 – Outdoor Lighting.
22) Live entertainment is limited to Sunday through Saturday, 7:00 a.m. to 1:30 a.m.
23) Hours of operation shall be limited to Sunday through Saturday, 7:00 a.m. to 2:00 a.m.
24) New landscape at the proposed east fence/wall, shall be planted with Macfadyena
unguis cati (Cat’s Claw).
25) The proposed faux window on the west elevation, shall match the new windows on both
the west and south elevations in color, material, and architectural style.
26) The outdoor dining area that encroaches into the public right-of-way, must adhere to
ADA requirements per 2013 California Building Code (CBC).
BUILDING
27) Owner/applicant must comply with applicable ADA requirements and provide all
accessibility requirements per 2013 California Building Code (CBC) Chapter 11B.
28) Owner/applicant must provide means of egress per 2013 CBC Chapter 10.
PUBLIC WORKS
29) All public utilities shall be installed underground.
30) The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling facilities. Trash enclosure shall include floor drain connection to grease
interceptor and water hose bib connection for maintenance.
31) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code (DMC).
32) Provide appropriate onsite pedestrian landing for stairwell located at main entrance to the
restaurant off Downey Avenue. City sidewalk shall not be used for public landing.
33) 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.
34) Proposed public improvements shall comply with the latest edition of Standard Plans and
Specifications for Public Works Construction and City of Downey standards.
35) Submit public improvement plan(s) for review and approval by the Public Works
Department.
Agenda Page 22
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 10
36) Remove and replace damaged, uneven, or sub-standard curb, gutter, sidewalk,
driveway, disabled ramps, and pavement to the satisfaction of the Public Works
Department. Contact Public Works Inspector at (562) 904-7110 to identify construction
areas to be removed and replaced.
37) Remove existing parkway trees along the 2nd Street frontage and replace. Contact Public
Works Maintenance Division at (562) 904-7192 for the quantity, location and species of
all street parkway trees to be planted along the site frontage. Street trees shall be a
minimum of 36” (inch) box.
38) Obtain permits from Public Works Department for all public improvements within the
public right of way.
39) All unused driveways shall be removed and reconstructed with full-height curb, gutter,
and sidewalk.
40) Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base,
and a minimum 2-1/2” thick asphalt concrete pavement.
41) Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance
1142 of the DMC; and the Low Impact Development (LID). Furthermore, the applicant
shall be required to Certify and append Public Works standard “Attachment A” to all
construction and grading plans as required by the LACoDPW Stormwater Quality
Management Plan (SQMP).
42) Remove all construction graffiti created as part of this project within the public right of
way in a timely manner.
43) The existing circulation and parking conditions within the parking lot east of Downey
Avenue between 2nd and 3rd Streets shall be maintained.
44) In the event the city-owned parking lot east of Downey Avenue between 2nd and 3rd
Streets is sold, leased, or vacated in the future, the applicant shall provide an alternate
access on 2nd Street in lieu of the proposed access from the parking lot.
45) Coordinate with the Public Works Department for the installation of parking restriction
signs along the north side of 2nd Street between Downey Avenue and the church
parking lot to facilitate the proposed valet parking operations.
46) The owner/applicant 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.
47) The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water
service line, meter, and meter box.
48) The owner/applicant shall furnish and install a (min. 1-inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
Agenda Page 23
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 11
49) The owner/applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
50) The owner/applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
51) The owner/applicant shall furnish and install the public potable water improvements,
including extension and/or replacement of existing mains and associated facilities,
necessary to provide adequate fire flow and pressure to the site.
52) The owner/applicant may furnish and install fire hydrant(s) and dedicated fire protection
lateral(s) including backflow devices, fire department connections and other
appurtenances as required by the Department of Public Works and the Downey Fire
Department. Such improvements may include removal and/or replacement of existing fire
hydrants, laterals, backflow devices, and associated facilities with new facilities to current
Downey standards and materials. Backflow devices, fire department connections, and
associated appurtenances are to be located on private property and shall be readily
accessible for emergency and inspection purposes. Backflow devices shall be screened
from street view by providing sufficient landscaping to hide it.
53) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
54) The owner/applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County (CSDLAC).
55) The owner/applicant shall furnish and install the public sanitary sewer improvements,
including extension and/or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
56) The owner/applicant is responsible for coordinating with and payment(s) to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
57) The owner/applicant shall obtain all necessary plan approvals and permits.
58) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD – latest edition) files in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California. Final approval of new utilities shall be
dependent upon submittal and approval of record drawing mylars and scanned,
uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City’s GIS
Requirements.
59) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the building permit.
Agenda Page 24
Resolution No. _______
Downey Planning Commission
PLN-15-00159, 11040 Downey Avenue
November 18, 2015 - Page 12
FIRE
60) The owner/applicant shall install fire sprinklers per 2013 California Fire Code (CFC),
Section 903 and Downey Municipal Code 3318.
61) The owner/applicant shall install a fire alarm system per 2013 CFC, Section 907 and DMC
3316.
62) The owner/applicant shall install a fixed extinguishing system for all cooking areas that may
create grease laden vapors per 2013 CFC, Section 904.
63) The owner/applicant shall install an approved key box on-site (e.g. Knox gate key
entrance), per 2013 CFC Section 506.1.
64) The owner/applicant shall provide information on any CO2 beverage systems that will be
installed prior to final occupancy issuance of the subject site.
POLICE
65) Pursuant to Article VI, Chapters 4 and 5 of the Downey Municipal Code, the
owner/applicant shall obtain an “entertainment permit" from the Downey Police Chief
prior to providing any entertainment at the subject property/premises, and shall adhere to
all conditions imposed thereon. The conditions of the owner/applicant’s entertainment
permit shall constitute conditions of this conditional use permit.
66) The owner/applicant shall submit to and obtain approval from the Downey Police Chief of a
“Security & Operations Plan” prior to commencing any business activities at the subject
property/premises, and shall adhere to all conditions imposed thereon. The “security plan”
shall address, at a minimum, the following:
a) Number of security guards to be provided, and times when security will be present;
b) Location where security guards will be stationed;
c) Location of queue and procedures for managing queues;
d) Procedures for verifying age of patrons for purposes of alcohol sales;
e) Procedures for identifying and handling obviously intoxicated persons;
f) Procedures for handling patrons involved in fighting, arguing, or loitering about the
building and/or in the immediate adjacent area that is owned, leased, rented, or
under the care or control of the owner/applicant; and
g) Any other such information as deemed necessary by the Chief of Police to safeguard
the property, life, health, safety, and welfare of the employees and patrons of the
business establishment and of the general public.
67) The conditions of the owner/applicant’s approved security plan shall constitute conditions of
this conditional use permit.
68) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises.
69) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the California Department of Alcohol and Beverage Control (ABC) to the
applicant and any applicable regulations of ABC.
Agenda Page 25