HomeMy WebLinkAbout1. PLN-19-00007 - 11949 ParamountSTAFF REPORT
PLANNING DIVISION
DATE: MARCH 6, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY:DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: ALFONSO HERNANDEZ, ASSOCIATE PLANNER
SUBJECT: CONDITIONAL USE PERMIT (PLN-19-00007) – A REQUEST TO ALLOW
AN EXISTING RESTAURANT (BERTO’S MEXICAN RESTAURANT) TO
OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING
PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE
LOCATION: 11949 PARAMOUNT BOULEVARD
ZONING:C-1 (NEIGHBORHOOD COMMERCIAL)
REPORT SUMMARY
This is a request for a Conditional Use Permit (CUP) to allow an existing restaurant, Berto’s
Mexican Restaurant, to operate under a California Department of Alcoholic Beverage Control
(ABC) Type 41 license (On-sale beer and wine – Eating place). A Type 41 alcohol license
permits the sale of beer and wine for on-site. The property is located at 11949 Paramount
Boulevard, and zoned C-1 (Neighborhood Commercial).
Based on the analysis contained in this report, staff recommends that the Planning Commission
adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN-19-00007), THEREBY ALLOWING AN
EXISTING RESTAURANT (BERTO’S MEXICAN RESTAURANT) TO OPERATE WITH A
TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 11949 PARAMOUNT BOULEVARD AND ZONED
C-1 (NEIGHBORHOOD COMMERCIAL)
BACKGROUND
The site is currently developed with a 7,292 square foot multi-tenant building. The restaurant is
one of five tenant spaces, and is a total of 2,140 square feet. Previously, Marisa’s Mexican
Restaurant had been in operation at the tenant space since February of 1990, but vacated the
site sometime before April 1, 2018. This previous restaurant also operated with an alcohol
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license and no live entertainment. However, alcohol sales were conducted without a CUP as a
legal non-conforming use. Their alcohol license expired on September 30, 2017. The applicants
are now made subject to the CUP process due to provisions within the Downey Municipal Code
regarding legal non-conforming uses. Specifically, a legal non-conforming use is allowed to
continue, without the need for a CUP, so long as no more than 180 days has passed between
the new and previous use. In this case, well over 180 days had passed from when the alcohol
license expired (September 30, 2017) and when the new tenants applied for a business license
(October 8, 2018).
Overall, the subject property is a 20,800 square foot corner parcel located on the northwest
corner of Paramount Boulevard and Cole Street. It is within the C-1 (neighborhood commercial)
zone, and has a General Plan Land Use designation of Neighborhood Commercial. The site is
accessible from one street frontage along Cole Street. The properties to the north, south, and
east are zoned C-1, and developed with commercial uses. The properties to the west are zoned
R-3 (multifamily residential) and R-1 (single family residential). These properties are developed
with a range of large multi-family structures and single family homes.
East view of subject property along Paramount Boulevard (Formerly “Marisa’s Mexican Food”)
On January 16, 2019, the applicant submitted an application for a Conditional Use Permit to
allow the sale and consumption of beer and wine under a Type 41 ABC license for an existing
full service restaurant. The application does not include a request for live entertainment, and a
condition of approval is incorporated to prohibit the activity. Staff completed a review of the
submitted materials on February 11, 2019 and deemed the application complete. On February
21, 2019, staff mailed notice of the pending public hearing to all property owners within 500 feet
of the subject site and a notice was also published in the Downey Patriot.
DISCUSSION
Currently, the restaurant is allowed to offer food and non-alcoholic beverages for dining in,
takeout, and delivery. This permit will now allow the restaurant to also offer beer and wine for
on-site consumption. The sale of alcohol for off-site consumption is prohibited. Furthermore, the
project is conditioned to require the applicants to limit the sale of beer and wine to no more than
half (50%) of their total gross revenue. To further enforce this requirement, the project is
conditioned for all alcohol sales to be accompanied with food sales.
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The proposed hours of operation for the business are 11:00 a.m. – 9:00 p.m. Sunday –
Thursday and 11:00 a.m. to 10:00 p.m. Friday – Saturday. The applicant anticipates a maximum
of 70 patrons at any given time.
As a reference, below is the California State Department of Alcoholic Beverage Control’s
classification of a Type 41 license:
“On-Sale Beer and Wine – Eating Place – (Restaurant) Authorizes the sale of beer and
wine for consumption on or off the premises where sold. Distilled spirits may not be on
the premises (except brandy, rum, liqueurs for use solely for cooking purposes). Must
operate and maintain the licensed premises as a bona fide eating place. Must maintain
suitable kitchen facilities, and must make actual and substantial sales of meals for
consumption on the premises. Minors are allowed on the premises.”
The site has 29 parking spaces located throughout the parcel. Under today’s standards, a total
of 50 parking spaces would be required for a new development of the same size. However, it
was determined through this analysis that the parking for the site is legally non-conforming. This
is exclusively because no expansion is being proposed for the building that is currently onsite.
Therefore, per the Downey Municipal Code the parcel is allowed to continue its nonconforming
parking status. In addition, staff does not anticipate an increase in parking demand due to the
approval of this application.
Lastly, although the property is adjacent to residentially developed parcels, no impacts are
anticipated related to noise levels. Conditions of approval have been incorporated in an effort to
mitigate any potential nuisance. Conditions include prohibiting live entertainment, keeping the
rear door only accessible to employees and shut when not in use, signs regulating noise in
parking lot, and all activity shall be maintained inside the tenant space. In addition, the activities
associated with a typical restaurant shall remain much the same even after incorporating the
sale of alcoholic beverages.
DEVELOPMENT REVIEW COMMITTEE
On January 24, 2019, the Development Review Committee (DRC) discussed and evaluated the
project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters.
No department expressed major concerns or opposition over the project, and issued standard
conditions. Recommended conditions of approval have been included in the attached
Resolution.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing
Facilities). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of CEQA.
Class 1 exemptions consist of projects that involve no/negligible expansion of the existing use.
The proposed ABC Type 41 license for the sale of beer and wine falls under the category of a
negligible expansion of a restaurant, therefore it can be determined that no significant effect will
be held on the environment.
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FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit),
staff recommends that the Planning Commission make the following findings to approve the
request:
1. That the request Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
It is staff’s opinion that the project will not adversely affect the intent and purpose of the
Downey Municipal Code or the City’s General Plan. Furthermore, the project should not
provide a nuisance related to public convenience or general welfare to any nearby
persons. Rather, the project aims to diversify the amount of goods and services
available to nearby residents and patrons of city businesses. The following policies are
promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
The CUP promotes the above policy by introducing a new component that aims to
complement the restaurant that it will serve. This will not only continue to provide, but will
also expand, the type and amount of goods and services available to the nearby
community and general public. The restaurant and proposed use will also primarily serve
and help draw the nearby neighborhood as it is a neighborhood restaurant within the C-1
(neighborhood commercial) zone. This ultimately contributes to the intent and purpose of
the zone.
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 sale of beer and wine is intended to complement the full service
restaurant. The proposed use is common within commercial areas and in close proximity
to residential areas. Staff views the use as a common practice among restaurants, and
does not anticipate adverse impacts as a result of approval. This is specifically because
the main use of the site will remain the same (a full service restaurant). The proposed
use is also one that was previously offered at the same location, under a previously
active ABC license for the previous owners. There is no indication of a negative impact
to surrounding land uses during that period. Therefore, the request will not adversely
affect the nearby residential areas or adjacent commercial businesses, nor will it hinder
the area’s potential for future growth and development.
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 request for the proposed scope of work does not include changes to the building’s
square footage, and the ancillary sale of beer and wine does not warrant a need for
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March 6, 2019 – Page 5
additional accommodations to the site. The proposed work does not create alterations
that would restrict future permitted uses from occupying the site or prevent an existing
use located within the nearby area from altering their operations. In addition, the project
is in full compliance with the Downey Municipal Code. Therefore, 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.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The addition of alcohol sales in conjunction with the ongoing operation of an existing full
service restaurant is not anticipated to generate additional traffic. The proposed alcohol
sales will serve as an ancillary component to the business. Therefore, the existing
transportation infrastructure that provides access to and from the project site will remain
adequate in supporting the traffic generated by the existing uses.
CORRESPONDENCE
Staff had not received any correspondence as of the date this report was prepared.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed
Conditional Use Permit (PLN-19-00007) will not negatively impact and is compatible with
adjoining land uses. Furthermore, staff is concluding that all findings required for approval can
be made in a positive manner. As such, staff is recommending that the Planning Commission
approve the Conditional Use Permit (PLN-19-00007), thereby allowing the sale of beer and wine
for on-site consumption under a Type 41 ABC license.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
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Exhibit ‘A’ – Maps
Location
Aerial
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11949 Paramount Blvd. – PLN-19-00009
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Zoning Map
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN-19-00007), THEREBY ALLOWING AN
EXISTING RESTAURANT (BERTO’S MEXICAN RESTAURANT) TO OPERATE WITH A
TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 11949 PARAMOUNT BOULEVARD AND ZONED
C-1 (NEIGHBORHOOD COMMERCIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On January 16, 2019, an application was filed by Jakleen Charitan (Berto’s
Mexican Restaurant), requesting approval of a Conditional Use Permit (PLN-19-
00007), to allow a full service restaurant to operate under an ABC Type 41
license, on the property located at 11949 Paramount Boulevard, Downey, and
zoned C-1 (Neighborhood Commercial); and,
B. Staff deemed the application complete on February 11, 2019; and,
C. On February 21, 2019, notice of the pending public hearing was sent to all
Downey property owners within 500 feet of the subject site and the notice was
published in the Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on March 6, 2019
and after fully considering all oral and written testimony, 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 development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The request Conditional Use Permit will not adversely affect the intent and purpose of
this article or the City’s General Plan or the public convenience or general welfare of
persons residing or working in the neighborhood thereof. It is staff’s opinion that the
project will not adversely affect the intent and purpose of the Downey Municipal Code or
the City’s General Plan. Furthermore, the project should not provide a nuisance related
to public convenience or general welfare to any nearby persons. Rather, the project aims
to diversify the amount of goods and services available to nearby residents and patrons
of city businesses. The following policies are promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
The CUP promotes the above policy by introducing a new component that aims to
complement the restaurant that it will serve. This will not only continue to provide, but will
also expand, the type and amount of goods and services available to the nearby
PC Agenda Page 8
Resolution No.
Downey Planning Commission
PLN-19-00007 – 11949 Paramount Blvd.
March 6, 2019 - Page 2
community and general public. The restaurant and proposed use will also primarily serve
and help draw the nearby neighborhood as it is a neighborhood restaurant within the C-1
(neighborhood commercial) zone. This ultimately contributes to the intent and purpose of
the zone.
B. The requested use will not adversely affect the adjoining land uses and the growth a nd
development of the area in which it is proposed to be located. The proposed sale of beer
and wine is intended to complement the full service restaurant. The proposed use is
common within commercial areas and in close proximity to residential areas. This is
common practice among restaurants, and does not anticipate adverse impacts as a
result of approval. This is specifically because the main use of the site will remain the
same (a full service restaurant). The proposed use is also one that was previously
offered at the same location, under a previously active ABC license for the previous
owners. There is no indication of a negative impact to surrounding land uses during that
period. Therefore, the request will not adversely affect the nearby residential areas or
adjacent commercial businesses, nor will it hinder the area’s potential for future growth
and development.
C. 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
request for the proposed scope of work does not include changes to the building’s
square footage, and the ancillary sale of beer and wine does not warrant a need for
additional accommodations to the site. The proposed work does not create alterations
that would restrict future permitted uses from occupying the site or prevent an existing
use located within the nearby area from altering their operations. In addition, the project
is in full compliance with the Downey Municipal Code. Therefore, 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.
D. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The addition of alcohol sales in conjunction with the
ongoing operation of an existing full service restaurant is not anticipated to generate
additional traffic. The proposed alcohol sales will serve as an ancillary component to the
business. Therefore, the existing transportation infrastructure that provides access to and
from the project site will remain adequate in supporting the traffic generated by the existing
uses.
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 the Conditional Use Permit (PLN-
19-00007), subject to the Conditions of Approval attached hereto as Exhibit A – Conditions,
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.
(Signatures on next page)
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Resolution No.
Downey Planning Commission
PLN-19-00007 – 11949 Paramount Blvd.
March 6, 2019 - Page 3
PASSED, APPROVED AND ADOPTED this 6th day of March 2019.
Steven Dominguez, 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 6th day of March
2019, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
________________________________
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No.
Downey Planning Commission
PLN-19-00007 – 11949 Paramount Blvd.
March 6, 2019 - Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-19-00007)
PLANNING
1) The approval of Conditional Use Permit (PLN-19-00007) allows the restaurant “Berto’s
Mexican Restaurant” to operate with a Type 41 (On Sale Beer and Wine – Eating Place)
ABC license for on-site consumption, on property located at 11949 Paramount
Boulevard.
2) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of the
City of Downey Municipal Code shall apply.
3) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
4) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
5) 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.
6) Prior to March 20, 2019 the applicant and the property owner shall sign an affidavit of
Acceptance of Conditions, as provided by the City of Downey.
7) The permitted hours of operation shall be from 11:00 a.m. to 9:00 p.m. Sunday –
Thursday, and 11:00 a.m. to 10:00 p.m. Friday – Saturday.
8) Customers shall not be within the business after the specified closing time.
9) There shall be no live entertainment within the business at any time.
10) The sale of alcohol shall be incidental to the sale of food.
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Resolution No.
Downey Planning Commission
PLN-19-00007 – 11949 Paramount Blvd.
March 6, 2019 - Page 5
11) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
Director of Community Development, the applicant shall provide evidence that the gross
sales of food exceed the gross sale of alcohol.
12) The kitchen shall remain open to serve a full menu at all times the business is open. The
service/sale of prepackaged foods, salads, or sandwiches is not considered to be in
compliance with this condition.
13) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
14) All rear (west) doors shall only be used for employee ingress and egress (unless required
for an emergency), and must remain closed at all other times.
15) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
16) All alcohol consumed on-site shall only be consumed within the approved dining area.
17) The sale of alcohol for off-site consumption is strictly prohibited.
18) Signs must be posted in parking lot notifying patrons to remain courteous of nearby
residential properties.
BUILDING
19) If new construction is proposed it shall comply with the most recent version of the
California Building Code, as adopted by the City of Downey.
20) Prior to the commencement of any construction, the applicant shall obtain all required
permits. Once permits are issued, the applicant shall obtain all necessary inspections
and permit final prior to occupancy of the business.
POLICE
21) Prior to selling alcoholic beverages , the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
22) 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 City
Official for purposes of verifying compliance with any of the Conditions of Approval of this
approval, as well as with any Police Permit and approved Security Plan.
23) 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). Signs
shall be posted along the exterior patio and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
24) The owner/applicant shall not permit any loitering in front of the business.
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Resolution No.
Downey Planning Commission
PLN-19-00007 – 11949 Paramount Blvd.
March 6, 2019 - Page 6
25) A copy of this conditional use permit and any Police permit shall be prominently posted
on the premises at all times. The applicant shall make available said copies upon
request by any Police Officer or other City official charged with the enforcement of the
City’s laws, ordinances, or regulations.
26) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
27) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control (“ABC”) to the applicant and any applicable
regulations of ABC.
28) The restaurant shall not charge patrons a cover charge at any time.
29) Upon the determination by the Chief of Police that the operation of the business requires
on-site security, the applicant shall submit and obtain approval of a security plan to the
Chief of Police. The number of security guards shall be determined by the Chief of
Police and may be increased or decreased as the Chief of Police determines is
necessary. The initial security plan shall be submitted to the Police Department within
fourteen (14) days of being requested. Should the Police Department request any
additional information or modifications, the business owner/permittee shall submit said
revisions within forty-eight (48) hours of notification.
FIRE
30) If new construction is proposed, the applicant is responsible for obtaining all necessary
permits prior to the commencement of construction.
31) Provide the City of Downey Fire Department with a floor plan, schedule and
specifications of all equipment.
32) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Co de
§506.1].
33) Existing cooking hood/exhaust system automatic fire extinguishing system shall be UL
300 complainant; and have the required semi-annual inspection and testing [CA Fire
Code § 904.2.2; §904.5; §904.12; §609].
34) Type I commercial kitchen hood inspection frequency and cleaning shall be at intervals
set forth in Table 609.3.3.1 – upon request occupancy shall furnish reports indicating
kitchen hood is being cleaned at required intervals to reduce risk of fire [CA Fire Code
§609.3].
35) Premises shall be 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].
36) Provide occupancy load sign to the occupancy[CA Fire Code §1004].
37) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of
the CA Fire Code for occupant load, number of egresses, egress sizing, etc.
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Resolution No.
Downey Planning Commission
PLN-19-00007 – 11949 Paramount Blvd.
March 6, 2019 - Page 7
38) The establishment shall comply with all current code requirements for the occupancy use
and type.
PUBLIC WORKS
39) If new construction is proposed, the applicant is responsible for obtaining all necessary
plan approvals and permits.
40) If any hazardous material is encountered on the site that has the potential to reach the
ground water supply, the owner/applicant shall secure a permit for the State Regional
Water Quality Control Board.
41) The owner/applicant must comply with all applicable Federal, State and local rules and
regulations, American Disabilities Act (ADA), including compliance with South Coast Air
Quality Management District (SCAQMD) regulations.
END OF CONDITIONS
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Site Plan
PC Agenda Page 15
Floor Plan
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