HomeMy WebLinkAboutPC Reso 18-3044RESOLUTION NO. 18-3044
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 78275, A SITE PLAN
REVIEW, A CONDITIONAL USE PERMIT, AND A VARIANCE (PLN -17-
00135), THEREBY AUTHORIZING THE CONVERSION OF THE FORMER
AVENUE THEATER INTO THREE BUSINESSES, ON PROPERTY LOCATED
AT 11022 DOWNEY AVENUE, ZONED DOWNTOWN DOWNEY SPECIFIC
PLAN (DDSP)
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 August 10, 2017, the applicant submitted a request for the Tentative Parcel Map,
Site Plan Review, Conditional Use Permit, and Variance to allow an adaptive reuse of
the former Avenue Theater building. Due to missing information on the project plans,
staff deemed the application incomplete on September 6, 2017; and,
B. On December 11, 2017, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
December 18, 2017; and,
C. On December 21, 2017, notice of the pending application was published in the Downey
Patriot and mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on January 3, 2018, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed project has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section 15332 (In -fill Development).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding Tentative Parcel Map No. 78275, the Planning Commission
further finds, determines and declares that:
That the proposed map is consistent with the General Plan. The subject site has
General Plan Land Use designation of Mixed Use. It is the intent of the Mixed Use
designation "to provide for development of a variety of uses (including: retail, office,
service, and residential) on the same parcel or within close proximity of each other."
This proposal will locate three new businesses, which provide new dining and
entertainment opportunities, within a single building. This is also consistent with General
Plan Program 1.1.5.2, "Promote Downtown Downey as a destination draw for
entertainment and dining uses."
2. That the site is physically suitable for the type and density of development. Tentative
Parcel Map No. 78275 will combine two parcels into a single 10,283 square foot L-
Resolution No. 18-3044
Downey Planning Commission
shaped lot; whereas, the minimum lot size for the Downtown Core District in the
Downtown Downey Specific Plan is 2,500 square feet. This project is an adaptive reuse
of the former Avenue Theater building, which is within the heart of Downtown Downey.
All new uses will be built within the existing building envelope and will provide additional
dining and entertainment opportunities to the growing downtown. Since the map
exceeds the minimum lot size and the proposed uses will be contained in the existing
structure, the site is physically suitable for the type and density of development
proposed.
3. That the design of the subdivision or type of improvements is not likely to cause serious
public health problems. The project is necessary and desirable for the continual
development of the downtown area. This project is an adaptive reuse of the former
Avenue Theater building, which is within the heart of Downtown Downey. All new uses
will be built within the existing building envelope and will provide additional dining and
entertainment opportunities to the growing downtown. Dining and entertainment
opportunities that activate the streetscape, such as the proposed project, are consistent
with the intent of the Downtown Downey Specific Plan. As such, approval of the map is
unlikely to cause a serious public health problem.
4. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. As part of the review of the application, City staff conducted
an extensive record research and review of the preliminary title report for the property.
This analysis only revealed utility easements on the property, which will be protected in
place. Nevertheless, combining the two parcels into a single lot, and the adaptive reuse
of the existing building does not have the capability to impact the existing easements.
5. That the design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure wildlife or their
habitat. The subject site is currently improved with a single building, which covers the
entire parcel. No parking areas or landscaping exists on the site; as such, there is no
evidence of wildlife or their habitat exists on the site. Nevertheless, according to the
City's General Plan, there are no known areas within the City that host wildlife or their
habitat, most particularly species identified as a candidate, sensitive, or special status
species. As such, the proposed project will not impact the environment or wildlife
resources.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares 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. The subject site has
General Plan Land Use designation of Mixed Use. It is the intent of the Mixed Use
designation "to provide for development of a variety of uses (including: retail, office,
service, and residential) on the same parcel or within close proximity of each other."
This proposal will locate three new businesses, which provide new dining and
entertainment opportunities, within a single building. This is also consistent with General
Plan Program 1.1.5.2, "Promote Downtown Downey as a destination draw for
entertainment and dining uses."
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Downey Planning Commission
2. The proposed development is in accordance with the purposes and objectives of Article
IX and the zone in which the site is located. The subject site is within the Downtown
Downey Specific Plan, which serves as the zoning for the area. The proposed project
will adaptively reuse a building, which has sat vacant since 2003. The project complies
with all the development standards set forth in the Specific Plan, except the restoration
of the roof sign. Notwithstanding this, the applicant has requested a Variance to
approve the deviation for the roof sign, which as noted below can be approved.
Furthermore, the restoration of the building is consistent with the Section 3.6.13 of the
Specific Plan, which encourages the retention and rehabilitation of existing buildings.
3. 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 site is
currently improved with an existing building, the footprint of which nearly occupies the
entire property. Adaptively reusing the structure does not alter the existing site plan or
its design features. This building has been a vital part of the Downtown Downey fabric
since the mid 1920's, but has fallen into disrepair over the past 15 years. This project
will restore the building and harmoniously reintegrate it into the character and design of
the neighborhood.
4. 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 site is currently improved with an existing building, the footprint of which nearly
occupies the entire property. Adaptively reusing the structure does not alter the existing
site plan or its design features. This building has been a vital part of the Downtown
Downey fabric since the mid 1920'x, but has fallen into disrepair over the past 15 years.
This project will restore the luster of the building and enhance the streetscape on Third
Street and Downey Avenue. Furthermore, patrons of the proposed businesses will be
able to take advantage of the ample public parking and pedestrian oriented development
in downtown.
5. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The building is an unreinforced brick structure. While there is a virtual plethora of
architectural styles in the Downtown Downey area, which provides its unique charm and
character, the applicant has worked to retain the architectural style of the building. The
Downey Avenue fagade will be restored to the appearance it had in the 1960's. The
Third Street fagade will be enhanced with new storefront framing and metal shadow
boxes with curtain walls. This proposal will restore the luster of the building's
architecture and restore the Downey Avenue fagade. Furthermore, this adaptive reuse
will upgrade the overall appearance of the site and, in turn, improve the community
appearance.
6. 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. Since the building was
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Resolution No. 18-3044
Downey Planning Commission
abandoned in 2003 and boarded up it has fallen into disrepair. The proposed project will
refurbish the building and provide new uses within the downtown area. The Downey
Avenue fagade, including marquee and roof sign, will be restored to mimic the entrance
of a movie theater. New store front faming and glazing will be provided on the Third
Street fagade, activating this portion of Third Street for the first time. These
improvements will upgrade the appearance of the property and provide a betterment of
conditions to the surrounding area.
7. 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. Several conditions of approval, which include the
use of graffiti resistant materials in the construction of the building. Should any graffiti
appear on the site, a condition of approval that requires the applicant have it removed
within 24 hours of application has been included.
SECTION 5. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code or the City's General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The subject site has
General Plan Land Use designation of Mixed Use. It is the intent of the Mixed Use
designation "to provide for development of a variety of uses (including: retail, office,
service, and residential) on the same parcel or within close proximity of each other."
This proposal will locate three new businesses, which provide new dining and
entertainment opportunities, within a single building. This is also consistent with General
Plan Program 1.1.5.2, "Promote Downtown Downey as a destination draw for
entertainment and dining uses." Furthermore, the site is within the Downtown Downey
Specific Plan, which serves as the zoning for the area. The project complies with all the
development standards set forth in the specific plan, except the restoration of the roof
sign. Notwithstanding this, the applicant has requested a Variance to approve the
deviation for the roof sign, which as noted below can be approved. The restoration of
the building is consistent with the Section 3.6.13 of the specific plan, which encourages
the retention and rehabilitation of existing buildings.
2. The requested use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The subject site is within
a fully developed area of the City, with few vacant properties in the immediate area. The
proposed project is an adaptive reuse of an existing building and will add a new live
entertainment venue and two new restaurants to Downtown Downey. It is the intent of
downtown to be "a diverse area with a variety of activities to support and entertain all
ages." Approval of these businesses will provide additional dining and recreational
opportunities that are geared to a wide range of ages. These uses will further support
the pedestrian orientation of the area by further activating Third Street and Downey
Avenue. Accordingly, the uses are consistent with the intent of the zoning and the
adjoining uses, thus will not have an adverse effect to the area.
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Resolution No. 18-3044
Downey Planning Commission
3. 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 10,283 square foot (10,393 square feet before the required dedication) L-shaped lot
exceeds the minimum lot size for the Downtown Core District in the Downtown Downey
Specific Plan, which is 2,500 square feet. This adaptive reuse of the former Avenue
Theater building is within the heart of Downtown Downey. All new uses will be built
within the existing building envelope and will provide additional dining and entertainment
opportunities to the growing downtown. The project complies with all the development
standards set forth in the specific plan, except the restoration of the roof sign.
Notwithstanding this, the applicant has requested a Variance to approve the deviation for
the roof sign, which as noted below can be approved. Furthermore, the restoration of
the building is consistent with the Section 3.6.13 of the specific plan, which encourages
the retention and rehabilitation of existing buildings.
4. 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 within the Downtown Downey
Specific Plan, which has a fully developed street network and ample public parking to
accommodate the use. The City's Traffic Engineer has reviewed the proposal and is
satisfied that the existing streets can accommodate traffic generated by these uses.
SECTION 6. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Variance, the Planning Commission further finds, determines
and declares that:
That exceptional or extraordinary conditions or circumstances exist which are peculiar to
the land, structure, or building involved and which are not generally applicable to other
lands, structures, or buildings in the same vicinity and zone. This site is improved with
the former Avenue Theater building, is an unreinforced brick building that was
constructed in 1925. Although not listed as a historical structure, it is an important asset
to the community and has been a vital part of the Downey Avenue streetscape. The
fagade has been modified through the years, but it has always had a roof sign. The
extraordinary circumstance exists in that it is the community's desire to have the fagade
to this asset restored and maintained. This project will achieve that desire by restoring
the marquee and reinstalling the roof sign, to match the last major fagade modification
that was completed in the early 1960's.
2. That the literal interpretation of the provisions of this article would deprive the applicant
of rights under the terms of this article commonly enjoyed by other properties in the
same vicinity and zone in which the property is located. Under the current code, the roof
sign would be prohibited. This deviation is to allow the sign, so the Downey Avenue
fagade can be restored to its appearance of the 1960's. Literal interpretation of the code
would prevent the applicant from restoring this community asset, a benefit that is
commonly enjoyed by others.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. This proposal will allow the applicant to restore a roof sign and
fagade for the former Avenue Theater building, which is an important community asset.
The building was constructed in 1925 and has been part of the Downey Avenue
streetscape since. The extraordinary circumstance that exists is the community's desire
to have the facade restored, which is not a result of the actions of the applicant.
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Resolution No. 18-3044
Downey Planning Commission
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the same
vicinity and zone in which the property is located. The subject site is within Downtown
Downey. There are few buildings that have the prominence and community value as the
Third Street facade of the former Avenue Theater. This proposal will allow restoration of
the fagade, including restoring the roof sign. Since other buildings in the vicinity are not
as prominent, this approval will not confer a special privilege to the applicant.
5. That the granting of such variance will be in harmony and not adversely affect the
General Plan of the City. The subject site has General Plan Land Use designation of
Mixed Use. It is the intent of the Mixed Use designation "to provide for development of a
variety of uses (including: retail, office, service, and residential) on the same parcel or
within close proximity of each other." This proposal will locate three new businesses,
which provide new dining and entertainment opportunities, within a single building. This
is also consistent with General Plan Program 1.1.5.2, "Promote Downtown Downey as a
destination draw for entertainment and dining uses."
6. That the reasons set forth in the application justify the granting of the variance and that
the variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure. This proposal meets all of the required development
standards set forth in the Downtown Downey Specific Plan. The only request to deviate
from the code is to allow the roof sign. This is the minimum Variance that the applicant
could request for the project.
SECTION 7. Based upon the findings set forth in Sections 1 through 6 of this resolution,
the Planning Commission of the City of Downey hereby approves Tentative Parcel Map, Site
Plan Review, Conditional Use Permit, and Variance (PLN -17-00135) to allow an adaptive reuse
of the former Avenue Theater building, subject to conditions of approval attached hereto as
Exhibit A, which are necessary to preserve the health, safety and general welfare of the
community and enable the Planning Commission to make the findings set forth in the previous
sections. The conditions are fair and reasonable for the accomplishment of these purposes.
SECTION 8. The Secretary shall certify the adoption of this Resolution.
[signatures next page]
11022 Downey Avenue — PLN -17-00135
January 3, 2018 - Page 6
Resolution No. 18-3044
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 3 I day of January, 2018.
J' f odriguez, Chairman
ON 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 Std day of January,
2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Rodriguez, Owens, Flores,
None
None
Dominguez and Duarte
None
Mary Cay. nagh, Secretary' .
City Planning Commission
11022 Downey Avenue — PLN -17-00135
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Resolution No. 18-3044
Downey Planning Commission
TENTATIVE PARCEL MAP NO. 78275, SITE PLAN REVIEW,
CONDITIONAL USE PERMIT, AND VARIANCE (PLN -17-00135)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Tentative Parcel Map No. 78275, Site Plan Review, Conditional Use
Permit, and Variance (PLN -17-00135) allows for the adaptive reuse of the former
Avenue Theater to include two new restaurants and a live entertainment venue.
Specifically the approved uses are as follows:
Downey Avenue Restaurant (11022 Downey Avenue) - This 1,954 square foot
restaurant is approved to operate with an ABC Type 47 (On -Sale General, Eating
Place) license. Live entertainment is not permitted. Additionally, this restaurant may
have a standing food rail within the public sidewalk, adjacent to Downey Avenue.
Third Street Restaurant (8310 Third Street) — This 3,533 square foot restaurant is
approved to operate with an ABC Type 47 (On -Sale General, Eating Place) license.
Live entertainment is permitted. Additionally, a 158 square foot outdoor patio, which
is located on the north side of the building, facing Third Street is authorized.
Entertainment Venue/Rooftop lounge (8312 Third Street) — This 11,009 square foot
live entertainment venue is approved to operate with an ABC Type 48 (On -Sale
General, Public Premise) license and live entertainment. Additionally, a 2,199
square foot rooftop terrace is approved.
2) Unless specified, all conditions of approval contained herein shall apply to all businesses
within the building.
3) Approval of Tentative Parcel Map No. 78275, Site Plan Review, Conditional Use Permit,
and Variance (PLN -17-00135) 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.
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.
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Resolution No, 18-3044
Downey Planning Commission
5) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
6) The business shall comply with the City of Downey's noise ordinance and in any case,
shall not exceed 65 dB. This shall not include noised that is exempt from the City's noise
ordinance. Upon receiving complaints regarding noise levels, the Director of Community
Development may order the preparation of a noise study. The cost of said noise study
shall be paid by the business owner. All mitigation measures identified in the noise study
shall be implemented and become part of this Conditional Use Permit and shall have the
force of conditions of approval.
7) The applicant shall provide lighting on the east side of the building to illuminate the City -
owned parking lot. Lighting shall be to parking lot standards.
8) All exterior lights shall be LED and shall be directed, positioned, and/or shielded such
that they do not illuminate surrounding properties.
9) The approved architectural style, finished material, and colors shall be as approved by
the Planning Commission. Changes to the facades and/or colors shall be subject to the
review and approval of the City Planner. At his/her discretion, the City Planner may refer
changes to the facades and/or colors to the Planning Commission for consideration.
10) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
11) Any graffiti applied to the site shall be removed within 24 hours.
12) All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and Downey Municipal Code.
13) Prior to the issuance of building permits, the applicant shall obtain an easement from the
City of Downey for the marquee and roof sign on Downey Avenue, as well as, the
improvements (landscaping, pedestrian queue, FDC and Sprinkler control valve, etc)
within the City -owned parking lot.
14) The Downey Avenue fagade, marquee and roof sign shall be permanently maintained on
the site. Prior to the final of building permits, the applicant shall enter into a
maintenance agreement with the City guaranteeing the applicant and all future
successors shall maintain the fagade, marquee and roof sign. The maintenance
agreement shall be recorded on the property.
15) The restoration of the building, including the Downey Avenue fagade, marquee, and roof
sign shall be deemed to satisfy the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
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Resolution No. 18-3044
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16) 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.
17) Prior to the final of building permits, all landscaping and irrigation shall be installed. The
type, size and number of landscaping shall be as noted on the approved landscape plan.
All landscape shall be installed and permanently maintained.
18) Other than within the two (2) approved kitchens, there shall be no cooking within the
building.
19) All above grade back-flow preventers, check valves, and transformers shall be painted
and screened from view from the public right-of-way to the satisfaction of the City
Planner and the Fire Marshal.
20) Any new bollards shall be decorative in nature and shall be approved by the City
Planner.
21) A trash receptacle shall be provided next to the food rail on Downey Avenue. The
applicant shall maintain and empty the trash receptacle daily. The type and style of the
trash receptacle shall be approved by the City Planner.
22) Prior to the final of building permits, the applicant shall provide stamped color concrete
or pavers across the driveway of the City -owned parking lot. The stamped color
concrete or pavers shall be as approved by the City Planner.
23) A five foot wide unobstructed path of travel shall be maintained on the public sidewalk
adjacent to the outdoor dining area on Third Street and the food rail on Downey Avenue
24) The permitted hours of operation for each business shall be as follows:
• Downey Avenue Restaurant (11022 Downey Avenue) — 9:00 a.m. to 3:00 a.m.,
seven (7) days a week. Delivery may occur from the site 24 hours a day.
* Third Street Restaurant (8310 Third Street) — 9:00 a.m. to 2:00 a.m., seven (7) days
a week.
Entertainment Venue/Rooftop Lounge (8312 Third Street) — 9:00 a.m. to 2:00 a.m.,
seven (7) days a week.
25) The following live entertainment shall be authorized during all approved hours of
operation:
• Downey Avenue Restaurant (11022 Downey Avenue) — None.
• Third Street Restaurant (8310 Third Street) — Live bands, dj's, customer dancing.
® Entertainment Venue/Rooftop Lounge (8312 Third Street) — Live bands, customer
dancing, dj's, stand-up comedy, dinner theater shows, karaoke, live shows (plays,
operas, and musicals), and public speaking engagements.
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26) All live entertainment and/or pre-recorded ambient music within all the businesses shall
cease 30 minutes prior to the specified closing time.
27) Pre-recorded ambient music (without the use of a disc jockey) within all businesses is
allowed.
28) Customers shall not be within any of the businesses after the specified closing time.
29) The businesses shall not function or otherwise operate as a banquet facility.
30) No aspect of any of the businesses shall function or otherwise operate as an adult
business, as defined in Municipal Code Section 9402.
31) Last call for the purchase of alcoholic beverage shall be 1:30 a.m. to allow for the
consumption of all alcoholic beverages to be concluded by 2:00 a.m. as per Alcohol
Beverage Control (ABC) requirements.
32) The business owner/applicant and licensee shall not conduct valet parking on the
subject site without the approval of a Conditional Use Permit from the Planning
Commission.
33) For the Entertainment Venue/Rooftop Lounge, the following additional conditions of
approval shall apply:
a) Entertainment on the rooftop lounge shall be limited to live bands, dj's, and
customer dancing.
b) No person below the age of 21 years shall be permitted entry into the business
establishment. Age verification shall be through an electronic identification
verification system.
C) Customer entrance to the business shall be through the door on the east fagade
of the building. Customers shall not be permitted to enter into the business
through other the other businesses in the building.
d) Customer queuing from the entrance shall be kept against the building within the
pedestrian walkway in the City -owned parking lot. Should the queue extend
longer than the pedestrian walkway, the queue line may extend along the
building down Third Street. The applicant shall ensure the queue line does not
block accessibility on the public sidewalk, driveways, or other businesses. The
use of a temporary queue line/rope is permitted, subject to the approval of the
Planning Division and Police Department.
e) Alcohol shall not be sold for off-site consumption.
34) For the Third Street Restaurant, the following additional conditions of approval shall
apply:
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a) Customer entrance to the business shall be through the door on the north facade
of the building. Customers shall not be permitted to enter into the business
through other the other businesses in the building.
b) Customer queuing from the entrance shall be kept against the building along
Third Street. The applicant shall ensure the queue line does not block
accessibility on the public sidewalk, driveways, or other businesses. The use of a
temporary queue line/rope is permitted, subject to the approval of the Planning
Division and Police Department.
C) The gross sales of alcohol shall not exceed the gross sales of food. At the
request of the City Planner, the applicant shall provide evidence that the gross
sales of food exceed 50% the gross sale of alcohol.
d) The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of prepackaged foods, salads, or sandwiches are not
considered to be in compliance with this condition.
e) The applicant shall obtain approval of an encroachment permit pursuant to
Section 2.4.4 (Encroachments) of the Downtown Downey Specific Plan for the
outdoor dining area. This shall include meeting all indemnification and liability
requirements set forth in said section of the Specific Plan.
f) Beer may be sold for off-site consumption, provided it is sold in a sealed
container.
35) For the Downey Avenue Restaurant, the following additional conditions of approval shall
apply:
a) The gross sales of alcohol shall not exceed the gross sales of food. At the
request of the City Planner, the applicant shall provide evidence that the gross
sales of food exceed 50% the gross sale of alcohol.
b) The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of prepackaged foods, salads, or sandwiches are not
considered to be in compliance with this condition.
C) The applicant shall obtain approval of an encroachment permit pursuant to
Section 2.4.4 (Encroachments) of the Downtown Downey Specific Plan for the
food rail. This shall include meeting all indemnification and liability requirements
set forth in said section of the Specific Plan.
d) Customer queuing from the entrance shall be kept against the building along
Downey Avenue. The applicant shall ensure the queue line does not block
accessibility on the public sidewalk, driveways, or other businesses. The use of a
temporary queue line/rope is permitted, subject to the approval of the Planning
Division and Police Department.
e) Alcohol shall not be sold for off-site consumption
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Resolution No. 18-3044
Downey Planning Commission
36) The business owner shall ensure that the property is kept clean and free of litter and
trash. This shall include all areas of the City -owned parking lot that are adjacent to the
building, and all sidewalks and gutters for a distance of 25 feet from the building.
BUILDING
37) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey, and Title 24 of the California Energy Code.
38) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
39) The emergency egress path of travel shall remain unobstructed. Egress doors shall be
wide enough to accommodate the occupant load.
40) Prior to the issuance of building permits, the applicant shall obtain an emergency egress
easement from the City of Downey to permanently maintain emergency egress through
the parking lot.
41) The occupant load of each business shall be clearly posted within said business.
FIRE DEPARTMENT
42) Plans to be submitted through Building and Safety and shall comply with the most recent
version or the California Fire Code, as adopted by the City of Downey; current Downey
Municipal Code Ordinances and any other pertinent requirements to be determined at
time of plan submission and review.
43) An area in front of the egress doors on the east side of the building shall be stripped and
marked "Do Not Block". This stripped area shall be as wide as the doors and extend ten
feet from the building.
44) The Fire Department Connection and Double Detector Check Valve shall be located
within the landscape area on the east side of the City -owned parking lot.
45) A deferred automatic fire sprinkler plan submittal is required for Assembly Group 'A'
occupancy. The automatic fire sprinkler system design, installation, and testing shall be
per NFPA 13 [CFC § 903.2.1.2 #3; DMC 3318].
46) A deferred fire alarm and detection system plan submittal is required. The automatic fire
alarm and detection system design, installation, and testing shall be per NFPA 72 [CFC
§ 907; DMC 3318],
47) Applicant shall complete and submit "Change in Occupancy Use" application for tenant
improvement of vacant space to an Assembly Group 'A' occupancy use.
48) A deferred plan submittal for commercial cooking hood/exhaust automatic fire
extinguishing system shall be required. The automatic fire extinguishing system design,
installation, and testing shall be per NFPA 96 and be UL 300 complainant [CFC §
904.2.2].
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Resolution No. 18-3044
Downey Planning Commission
49) If applicable, establishment of hazardous materials business plan (HMBP) for handling
of compressed and/or refrigerated beverage system gases (e.g. Carbon dioxide,
Nitrogen) exceeding 1000 cubic feet at STP (standard temperature pressure) shall be
completed and approved prior to the commencement of business [HSC 25507(5)(C)].
50) Storage of commercial kitchen cooking oil shall adhere to all current Fire Code
requirements [CFC § 610].
51) The design and construction of proposed project shall adhere to all conditions for
Assembly Group 'A' occupancy for occupant load, exiting, emergency lighting, egress
illumination, etc.
52) Prior to the final of building permits, the applicant shall provide key boxes (e.g. Knox
Boxes) to occupancy. Location of the key boxes shall be as approved by the Fire
Department [CA Fire Code §506.1].
53) The elevator shall be appropriately sized to accommodate both emergency medical staff
(minimum of three (3) persons plus patient) and associated local emergency equipment
such as gurneys and medical supplies [DMC 3326].
54) The elevator operation for fire service/emergency operations shall meet the
requirements of CA Fire Code [CA Fire Code §607].
55) The fire sprinkler riser shall be located in an approved room with direct access from
exterior. Access to the fire riser room shall not be through an intervening space or
egress door.
56) The applicant shall provide and obtain approval of a fire access roads/lanes plan from
the Fire Marshal [CA Fire Code §503.1.1]. This shall include striping of Fire Lane along
the east side of the building, providing signage on the building, and providing red curbs
on Third Street adjacent to the nearest Fire Hydrant (east of the site).
57) The exterior of all emergency egress doors shall have signage that reads "Emergency
Exit, Do Not Block".
58) The premises shall be clearly and appropriately addressed. An approved address
identification shall be provided that is legible and placed in a position that is visible from
the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire
Code [CA Fire Code §505.1 ].
POLICE
59) Prior to the commencement of business, the applicant shall obtain a permit from the
Chief of Police for all live entertainment.
60) The businesses shall comply with all requirements of the State of California, Department
of Alcohol Beverage Control (ABC), as well as any conditions placed on the ABC
licenses.
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Resolution No. 18-3044
Downey Planning Commission
61) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of live entertainment or night club activity at
any time.
62) Prior to the commencement of business the applicant shall submit and obtain approval
of a security plan for each business. The security plan shall include the number of
licensed and bonded uniformed security that will be required at each business. The
number of security guards shall be at the sole discretion of the Chief of Police and may
be increased/decreased at his/her determination of need.
63) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises (including the parking lot) and "no
loitering". No patrons or employees shall be allowed to congregate at the rear of the
business.
64) The business owner/applicant and licensee shall immediately report to the Police
Department if any patron appears to be involved in illegal activity inside the subject
business or outside in the parking lot area.
65) A copy of this conditional use permit, the police permit, and approved security plan must
be maintained on the premises. The business owner, applicant, and/or manager shall
make available said copies upon request by any Police Officer or other City official
charged with the enforcement of the City's laws, ordinances, or regulations.
66) The business owner/applicant shall prohibit loitering by persons outside the business
establishment — including within the parking area and upon the adjacent right-of-way,
except for those persons in queue for entry into the business establishment in a manner
approved by the Planning Division and/or Police Department.
67) The business owner/applicant shall impose a dress code that shall not permit patrons to
wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps
worn backwards. A sign shall be posted at the entrance stating the dress code.
68) During all hours of operation, the business owner shall maintain a count of the number of
patrons within the business at any given time.
69) The business owner shall not permit any public nuisance within areas under his control,
including but not limited to, unruly behavior by patrons, or any interactions with
passersby. Areas under his control shall mean the parking lot to the east of the business
and sidewalks in front of the business (Third Street and Downey Avenue),
70) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or
other City Official for purposes of verifying compliance with any of the Conditions of
Approval of this CUP, as well as with any Police Permit and approved Security Plan.
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Resolution No. 18-3044
Downey Planning Commission
PUBLIC WORKS
71) Prior to the commencement of work on public improvements, the applicant shall obtain
all necessary permits from the Public Works Department. Proposed public
improvements shall comply with the latest edition of Standard Plans and Specifications
for Public Works Construction, City of Downey standards and the Americans with
Disabilities Act (ADA).
72) 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.
73) 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 the Public Works Inspector at (562) 904-7110 to identify the limits
of the areas to be removed and replaced at least 48 hours prior to commencing work.
74) All new onsite utilities shall be installed underground. Any utilities that are in conflict with
the development shall be relocated at the owner/applicant's expense.
75) The drive approach on Third Street shall be removed and replaced to match the new
drive aisle in the City -owned parking lot. This shall include removing and replacing an
18 -inch strip (or other specified limits) of the AC street pavement adjacent to the edge of
the gutter along Third Street.
76) The applicant shall provide sufficient trash and recycling facilities to accommodate all the
uses. The facility design must provide for recycling facilities, i.e., storage and handling
areas for recycling facilities. Trash and recycling bins shall be within a trash enclosure
at a location approved by the City Planner. Trash enclosure shall include roof cover,
floor drain connection to grease interceptor and water hose bib connection for
maintenance.
77) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of all City -owned potable water and fire service improvements.
78) The owner/applicant shall furnish and install separate water service lines, meters, and
boxes for each tenant space. Connect new separate water service lines to existing
water main located on Downey Avenue. Existing potable and fire water service lines
and associated appurtenances must be removed and abandoned from existing water
main.
79) The owner or tenant must establish water billing accounts with the City prior to the City
activating and the tenant using any fire and/or potable, water service and meter.
80) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
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Resolution No. 18-3044
Downey Planning Commission
81) The owner/applicant shall retrofit the existing fire hydrants east of the project on Third
Street in accordance to latest Fire Department and Department of Public Works
standards, including but not limited to, furnishing and installation of a new riser, fire
hydrant head, and associated fittings.
82) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s)
require the installation of dedicated fire service lateral(s), such lateral(s) shall be
constructed in accordance with the latest Department of Public Works and Fire
Department standards including backflow devices, fire department connections and
other appurtenances as required.
83) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
County Department of Public Health. Backflow devices shall be located on private
property, readily accessible for emergency and inspection purposes, and screened from
view by providing sufficient landscaping.
84) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code.
85) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right-of-way and City -owned parking lot to be removed.
86) 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.
87) 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.
88) The owner/applicant shall furnish and install a new 6- inch sewer lateral(s) (to the front
property line) and abandon any existing unused sewer laterals. The design and
improvements of sewers shall be in accordance with the latest standards of the
Department of Public Works. Septic systems shall not be allowed.
89) 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).
90) 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.
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Resolution No. 18-3044
Downey Planning Commission
91) The owner/applicant is responsible for coordinating with and payment to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
92) 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.
93) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit. Submit plans to Building & Safety and
Planning Divisions regarding the following:
a) The use of drought tolerant landscaping shall incorporate ground covers, shrubs
and trees to the maximum extent possible.
b) Drip and micro spray irrigation shall maximize the use of drip irrigation and micro -
spray systems to the maximum extent possible.
C) Latest Green Code standards for water fixtures, etc.
94) The owner/applicant shall dedicate 5'-6" for right-of-way purposes along Downey
Avenue to the standards of the City Engineering Division.
95) The owner/applicant shall provide that no easements of any type be granted over any
portion of the subdivision to any agency, utility or organization (private or public), except
to the City of Downey prior to recordation of the tract or parcel map. The
owner/applicant shall grant easements in the name of the City, including:
a)
Vehicular easements
b)
Walkway easements
C)
Drainage easements
d)
Utility easements
96) The filed map shall comply with the latest edition of the state subdivision Map Act, the
City of Downey Municipal Code and all the applicable state and local laws. Prior to
recordation, the Applicant shall prepare map under the direction of a Registered Civil
Engineer authorized to practice land surveying, or a Licensed Land Surveyor. The map
must be processed through the Dept. of Public Works prior to being filed with the County
Recorder.
97) A preliminary Title Report (or a chain of title) prepared by the title company for the
subdivision is required showing all fee interest holders and encumbrances. An updated
title report shall be provided (not older than 90 days) before the final tract/parcel map is
released for filing with the County Recorder.
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Resolution No. 18-3044
Downey Planning Commission
98) Monumentation of the final map boundaries, street centerline and lot boundaries is
required for a map based on a record of survey. In the absence of such record, a
licensed land surveyor shall set up all the missing monumentation.
99) Upon City Council approval, the final map shall be filed by the Engineer of Record with
the Los Angeles County Public Works Department for its recordation. One (1) Mylar
copy of the filed map shall be submitted to the City Dept. of Public Works prior to
Certificate of Occupancy.
100) The City reserves the right to impose any new plan check and/or permit fees approved
by City Council subsequent to the Planning Commission's tentative approval of this map.
101) All portions of the City -owned parking lot that are adjacent to the project site shall be
repair, sealed, and stripped to the satisfaction of the City Engineer and Building Official.
This may necessitate removal and replacement of the existing asphalt. Construct onsite
pavement, consisting of a minimum section of 4" thick aggregate base, and a minimum
2-1/2" thick asphalt concrete pavement. Construct Pavement on-site parking and
circulation areas as required by a pavement engineering or geotechnical report prepared
by a Registered Civil Engineer, subject to the review and approval of the Public Works
and Community Development Departments.
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