Loading...
HomeMy WebLinkAboutPC Resolution 15-2953RESOLUTION NO. 15 -2953 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. 15-2953, 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: Resolution No. 15 -2953 Downey Planning Commission 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 PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 2 Resolution No. 15 -2953 Downey Planning Commission 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 PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 3 Resolution No. 15 -2953 Downey Planning Commission 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 4 Resolution No. 15 -2953 Downey Planning Commission 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% Buildin Hei ht 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 0 inches /ft. (Minimum) 2 ft., 9 inches Rear Setback 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 staffs 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 PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 5 Resolution No. 15 -2953 Downey Planning Commission 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. "IC , an 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: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. l Mary avanagh, Sec tary City anning Commission PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 6 Resolution No. 15 -2953 Downey Planning Commission 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 7 Resolution No. 15 -2953 Downey Planning Commission 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 completed 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 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 8 Resolution No. 15 -2953 Downey Planning Commission 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 11 B. 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 9 Resolution No. 15 -2953 Downey Planning Commission 36) Within 12 months of the approval of this application, PLN -15- 00159, the owner /applicant shall restore the existing trees along the 2" Street frontage to a healthy condition; otherwise, said trees shall be removed and replaced with trees of the same species with a minimum 48 -inch box size. 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 10 Resolution No. 15 -2953 Downey Planning Commission 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 11 Resolution No. 15 -2953 Downey Planning Commission 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. PLN -15- 00159, 11040 Downey Avenue November 18, 2015 - Page 12