HomeMy WebLinkAbout2. PLN-19-00054 - 11018 Downey Ave.STAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 4, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: ALFONSO HERNANDEZ, SENIOR PLANNER
SUBJECT: PLN-19-00054 (REVISION TO CONDITIONAL USE PERMIT PLN-12-
00267) – A REQUEST TO ALLOW AN EXTENSION TO THE EXISTING
HOURS OF OPERATION FOR A RESTAURANT WITH LIVE
ENTERTAINMENT.
LOCATION: 11018 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
This is a request to amend existing Conditional Use Permit (CUP) PLN-12-00267, which
approved live entertainment for the restaurant known as “Mambo Grill”. The applicant is now
seeking to extend its hours of operation. This request also includes a proposed remodel of the
bar area, stage, and dining area. The restaurant is under new ownership who proposes to
continue to operate Mambo Grill as a restaurant use with incidental onsite alcohol sales.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-19-00054,
THEREBY RECINDING RESOLUTION NO. 12-2808 AND ALLOWING AN
EXTENSION TO THE EXISTING HOURS OF OPERATION FOR A
RESTAURANT WITH LIVE ENTERTAINMENT.
BACKGROUND
The subject site is a 9,291 square foot parcel located on the southeast corner of Downey Ave.
and Third St. within the Downtown Downey Specific Plan (DDSP), and has a general plan land
use designation of Mixed Use. The site is currently developed with an 8,515 square foot multi-
tenant building. The restaurant tenant space is one of six on the site. The building was
constructed in 1925, and no major renovations have been made since the original permits were
issued. Mambo Grill has been in operation at the tenant space since January 20, 2003. The site
is only accessible by pedestrians and is served by public parking throughout downtown. The “L-
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Conditional Use Permit - PLN-19-00054
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Shaped” Avenue Theater immediately abuts the subject site to the east & south. To the north
and west, across Third St. and Downey Ave., are commercial uses such as the US Bank
building and the Downey Masonic Temple building.
Mambo Grill operates within a 2,546 square foot tenant space. The restaurant operates under a
Type 47 Alcoholic Beverage Control License (On Sale General – Eating Place) with live
entertainment. Live entertainment was allowed, on December 19, 2012, per the approval of
PLN-12-00267 (Resolution No. 12-2808). This entitlement specifically allowed the use of a disc
jockey, dancing, live bands, and karaoke during the hours of 9:00 a.m. to Midnight from
Saturday to Thursday, and 9:00 a.m. to 2:00 a.m. on Fridays. The corresponding staff report
and resolution for the original approval are provided as Exhibit ‘C’. If the proposed application is
approved, then the originally approved entitlement will be rendered null and void and the newly
passed resolution will incorporate all conditions of approval and serve as the only authorizing
document.
On April 19, 2019 the applicant filed a request to revise CUP PLN-12-00267. Subsequently, the
applicant was issued an incomplete letter on May 17, 2019. After submitting all required
documents the application was deemed complete on August 20, 2019. On August 22, 2019,
notice of the pending public hearing was published in the Downey Patriot and mailed to all
property owners within 500 feet of the subject property.
Existing Frontage
DISCUSSION
The current application is a request to revise the hours of operation for an existing CUP
regulating live entertainment. The applicant proposes to maintain the same hours of operation
Sunday through Wednesday, but is seeking approval to expand hours for Thursday and
Saturday. The applicant seeks approval to extend live entertainment throughout weekend
nights. Additionally, the applicant seeks approval to offer live entertainment up to 2:00 a.m. on
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Sundays during holiday weekends, where Monday is the holiday. The new proposed hours of
operation are as follows:
Existing Hours of Operation Proposed Hours of Operation
Saturday – Thursday:
9:00 a.m. – 12:00 a.m. (Midnight)
Friday:
9:00 a.m. – 2:00 a.m.
Sunday – Wednesday:
9:00 a.m. – 12:00 a.m. (Midnight)
Thursday – Saturday:
9:00 a.m. – 2:00 a.m.
Sundays on Holiday Weekend:
9:00 a.m. – 2:00 a.m.
*Live entertainment shall cease thirty (30) minutes prior to closing.
* ”Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing, and no patrons
are allowed on the premises after the specified closing time.
In addition to the revised hours of operation, the applicant proposes to expand the existing bar
area and remodel the stage and dining area. The operation will remain a restaurant use and
therefore the applicant and future operators are limited to alcohol sales consistent with ABC
Licenses Type 47 (On Sale – Eating Place). Thus, the project is conditioned to require the
applicants to limit the sale of alcohol 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.
The applicant anticipates up to a maximum of 72 patrons at any given time. Staff will total 10
people at any given time.
The site is served by public parking throughout the downtown area, and no parking spaces are
located on site due to the existing building configuration. The original analysis of CUP PLN-12-
00267 determined that the parking for the site is legally non-conforming. No changes are being
proposed to alter the existing square footage of the restaurant and the modified hours of
operation do not warrant any changes to the current parking demand. As a result the parcel is
allowed to continue its nonconforming status and no further accommodations, such as parking
waivers or off-site parking agreements, are required.
To accommodate the change in hours of operation and additional live entertainment, security
will be increased from two security guards to four security guards on Thursdays, Fridays, and
Saturdays. One security guard will be present at the site between 7:00 p.m. to 8:00 p.m. and a
total of four security guards will be present between the hours of 8:00 p.m. to 2:00 a.m. These
hours and amount of security guards will also be provided for Sundays that fall on a holiday
weekend. The increased number of security guards was added by the Downey Police
Department in an effort to maintain a low amount of public nuisance incidents.
Noise is not anticipated to create additional impacts as live entertainment is currently allowed
every day of the week. The restaurant currently operates with live entertainment until 2:00 a.m.
on Fridays. The extended hours on Thursday and Saturday are consistent with the operation of
nearby restaurants with incidental alcohol, some with live entertainment as well. The subject site
is predominantly surrounded by commercial uses which limit potential impacts to surrounding
uses. Lastly, conditions of approval have been incorporated in an effort to mitigate any potential
nuisance.
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DEVELOPMENT REVIEW COMMITTEE
On May 2, 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.
The Police Department noted that Mambo Grill had the least calls for service in the prior twelve
month period. To prevent a potential increase, they conditioned a total of four security guards be
present after 8:00 p.m. when operations are open until 2:00 a.m. No other departments
expressed major concerns or opposition over the project, and issued standard conditions.
Recommended conditions of approval have been included in the attached Resolution to address
these concerns.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed Conditional Use Permit 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.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to approving the Conditional Use Permit. The findings are as follows:
A. The requested Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof;
The project will not adversely affect the intent and purpose of the Downey Municipal
Code or the City’s General Plan. The subject site is located within an active downtown
commercial area that contains similar restaurant uses so the project should not cause a
nuisance related to public convenience or general welfare to any nearby persons
residing or working in the area. Rather, the project aims to diversify the amount of goods
and services available to 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 expanding the availability of live entertainment
which aims to complement the existing 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.
B. 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 new proposed hours of operation for live entertainment are intended to complement
the existing restaurant use. The live entertainment component is occasionally found
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Conditional Use Permit - PLN-19-00054
September 4, 2019 - Page 5
within commercial downtown areas, including Downtown Downey. Live entertainment
and proposed amended hours are also viewed as a common practice for many
restaurants located in downtown areas. The main use of the site as a restaurant will
remain the same and adverse impacts are not anticipated. “Mambo Grill” has received
the least amount of “calls for service” among all downtown restaurants with incidental
alcohol within the last year. Additional security guards have been required as a part of
this approval to ensure adequate safe guards are provided to prevent future impacts.
Therefore, the request is not anticipated to adversely affect the adjacent commercial
businesses, nor 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 proposed scope of work for the interior remodel does not include changes to the
building’s square footage, and the extended hours of operation do 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 an existing use
located within the nearby area from altering their operations. In addition, the project is in
full compliance with the Downtown Downey Specific Plan. 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.
Live entertainment in conjunction with the ongoing operation of an existing full service
restaurant is not anticipated to generate additional traffic. Live entertainment is an incidental
amenity to the existing primary restaurant use. The combination of uses is common within
active downtown areas and the existing infrastructure is built to accommodate these types
of downtown uses. Therefore, the existing transportation infrastructure and public parking
facilities that provides access to and from the project site and the nearby downtown will
remain adequate in supporting the type and quantity of traffic generated by the existing use.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, it is concluded that the proposed revisions to
the existing Conditional Use Permit will not negatively impact and is compatible with adjoining
land uses. Furthermore, all findings required for approval can be made in a positive manner. As
such, it is recommended that the Planning Commission approve the Conditional Use Permit
(PLN-19-00054), thereby allowing an extension to the hours of operation for an existing
restaurant with live entertainment.
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Conditional Use Permit - PLN-19-00054
September 4, 2019 - Page 6
EXHIBITS
A.Maps
B.Draft Resolution
C.Resolution No. 12-2808 for PLN-12-00267
D.Project Plans
Location
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Conditional Use Permit - PLN-19-00054
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Aerial Photograph
Zoning
Parcel Area
Tenant Space
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-19-00054,
THEREBY RECINDING RESOLUTION NO. 12-2808 AND ALLOWING AN
EXTENSION TO THE EXISTING HOURS OF OPERATION FOR A
RESTAURANT WITH LIVE ENTERTAINMENT.
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 December 19, 2012, the Planning Commission approved Conditional Use
Permit PLN-12-00267, for live entertainment to take place at an existing
restaurant with incidental alcohol sales; and,
B.On April 19, 2019, Jesus Rivas (hereinafter “applicant”), submitted a request for
a revision to the original Condition Use Permit to extend the allowed hours of
operation for live entertainment and rescind Conditional Use Permit PLN-12-
00267; and,
C.On May 17, 2019, the applicants were issued a letter deeming the application
incomplete.
D.On August 20, 2019, the application was deemed complete after all required
documents were submitted and reviewed.
E.On August 22, 2019, a notice of the public hearing was sent to all property
owners within 500’ of the subject site and the notice was published in Downey
Patriot; and,
G. The Planning Commission held a duly noticed public hearing on September 4,
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 hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
A.The requested Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof. The
subject site is located within an active downtown commercial area that contains
similar restaurant uses so the project should not cause a nuisance related to
public convenience or general welfare to any nearby persons residing or working
in the area. Rather, the project aims to diversify the amount of goods and
services available to patrons of city businesses. The following policies are
promoted by the proposed CUP:
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Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 2
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire
goods and services
The CUP promotes the above policy expanding the availability of live
entertainment which aims to complement the existing 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.
B.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
new proposed hours of operation for live entertainment are intended to
complement the existing restaurant use. The live entertainment component is
occasionally found within commercial downtown areas, including Downtown
Downey. Live entertainment and proposed amended hours are also viewed as a
common practice for many restaurants located in downtown areas. The main use
of the site as a restaurant will remain the same and adverse impacts are not
anticipated. “Mambo Grill” has received the least amount of “calls for service”
among all downtown restaurants with incidental alcohol within the last year.
Additional security guards have been required as a part of this approval to
ensure adequate safe guards are provided to prevent future impacts. Therefore,
the request is not anticipated to adversely affect the adjacent commercial
businesses, nor 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 proposed scope of work for the interior remodel does not include
changes to the building’s square footage, and the extended hours of operation do
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 an existing use located within the nearby area from altering
their operations. In addition, the project is in full compliance with the Downtown
Downey Specific Plan. 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. Live entertainment in conjunction with the
ongoing operation of an existing full service restaurant is not anticipated to
generate additional traffic. Live entertainment is an incidental amenity to the
existing primary restaurant use. The combination of uses is common within active
downtown areas and the existing infrastructure is built to accommodate these
types of downtown uses. Therefore, the existing transportation infrastructure and
public parking facilities that provides access to and from the project site and the
nearby downtown will remain adequate in supporting the type and quantity of
traffic generated by the existing use.
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Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 3
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 Revision ‘A’ to
Conditional Use Permit PLN-12-00267, 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 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of September 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 4th day of
September 2019, by the following vote, to wit:
AYES:COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 10
Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 4
PLN-19-00054
(CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1)The approval of this revision to Conditional Use Permit PLN-12-00267 allows for an
extension of hours of operation for live entertainment within an existing restaurant with
incidental alcohol sales.
2)The form of live entertainment is limited to dancing, disc jokey, live bands, and karaoke.
The dance floor area shall be limited to the northern 346 square foot dining area as
indicated in the approved set of plans.
3)The permitted hours of operation for the restaurant and live entertainment are as follows:
Sunday – Wednesday 9:00 a.m. – 12:00 p.m.
Thursday – Saturday 9:00 a.m. – 2:00 a.m.
4)This establishment is also allowed to operate from 9:00 a.m. – 2:00 a.m. on Sundays
during holiday weekends when Monday is recognized as a holiday. These holidays are
limited to:
a)Martin Luther King’s Birthday
b)Presidents’ Day
c) Memorial Day
d)Labor Day
5)Live entertainment shall cease thirty (30) minutes prior to closing.
6)”Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing.
7)The resolution which approved Conditional Use Permit PLN-12-00267 is hereby voided
and shall no longer be enforceable.
8)Prior to the submittal of plans into Building and Safety Plan Check or commencement of
business, whichever occurs first, the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
9)The site shall remain in conformance with this request and the approved set of plans.
10)The Planning Commission reserves the right to revoke or modify this CUP if any
violation of the approved conditions occurs, or any violation of the Downey Municipal
Code occurs.
11)The Planning Commission reserves the right to revoke or modify this CUP if harm or
operational problems such as criminal or anti-social behavior occur. Examples of harmful
or operation behaviors include, but not limited to, violence, public drunkenness,
vandalism, solicitation and/or litter.
PC Agenda Page 11
Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 5
12)Approval of revisions to Conditional Use Permit PLN-12-00267 (PLN-19-00054) 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.
13)Applicant shall comply with all conditions of PLN-19-00054 before this Conditional Use
Permit becomes valid.
14)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.
15)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.
16)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.
17)All Department of Alcoholic Beverage Control rules and regulations shall be enforced
and complied with. The applicant shall submit to the City Planner a copy of the
Department of Alcoholic Beverage Control license, including any and all conditions
imposed, which will be kept on file in the Planning Division office.
18)It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
with their responsibilities under State law.
19)The knowledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following topics and skills development:
a)State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours of legal operations and penalties for violations of these laws.
b)The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, or harm
themselves of innocent victims as a result of the excessive consumption of
alcoholic beverages.
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Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 6
c) Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d)Methods for dealing with intoxicated customers and recognizing underage
customers.
20)The following organizations have been identified by the State Department of Alcoholic
Beverage Control as providing training programs which comply with the above criteria;
a)Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (916)
419-2500.
21)All signs shall comply with Chapter 6 of the Downey Municipal Code.
22)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.
23)Cover charge for the admission to the business shall only be permitted during the
display of pay-per-view sporting events. There shall be no cover charge during any other
time.
24)The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
25)The owner/applicant shall ensure that all entry and exit doors to and from the subject
business remain closed during all hours of operation.
26)The owner/applicant shall not permit any loitering on the subject site.
27)Customers shall not be within the business after the specified closing time.
28)The sale of alcohol shall be incidental to the sale of food.
29)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.
30)The sale of alcohol shall be incidental to the sale of food within the dining area.
31)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.
32)The sale of alcoholic beverages for off the premises consumption shall be prohibited.
Consumption of alcoholic beverages shall be prohibited outside of the tenant space or
designated outdoor dining area when in use. There shall be appropriate posting of signs
both inside and outside the licensed premises indicating that drinking outside the
licensed premises is prohibited by law.
PC Agenda Page 13
Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 7
33)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.
34)The rear door shall only be accessible to employees (unless required for an emergency),
and must remain shut when not in use.
35)Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
36)The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval the
revision of Conditional Use Permit PLN-12-00267 (PLN-19-00054), into the approved set
of building plans.
BUILDING
37)All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
38)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.
39)The Title Sheet of the plans shall include:
a)Occupancy Group
b)Occupant Load
c) Description of use
d)Floor area of building(s) and/or occupancy group(s).
POLICE
40)Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
41)The owner/applicant must provide a minimum of four (4) licensed and bonded,
uniformed patrolmen or security guards on-site during the hours of 8:00 p.m. to 2:00
a.m. on Thursdays, Fridays, and Saturdays. As well as on Sundays before specified
holidays when hosting live entertainment and open from 8:00 p.m. to 2:00 a.m. The
number of security guards may be increased or decreased as the Chief of Police
determines is necessary.
42)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.
43)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 entry/ exit ways and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
44)The owner/applicant shall not permit any loitering in front of the business.
PC Agenda Page 14
Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 8
45)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.
46)Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
47)The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are
work backwards.
48)The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
49)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.
50)Upon the determination by the Chief of Police that the operation of the business requires
additional on-site security, the applicant shall submit and obtain approval of a revised
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 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
51)The applicant is responsible for obtaining all necessary permits prior to the
commencement of construction.
52)Provide the City of Downey Fire Department with a floor plan, schedule and
specifications of all equipment.
53)If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code
§506.1].
54)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].
55)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].
56)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].
PC Agenda Page 15
Resolution No.
Downey Planning Commission
PLN-19-00054 – 11018 Downey Ave.
September 4, 2019 - Page 9
57)Provide occupancy load sign to the occupancy[CA Fire Code §1004].
58)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.
59)The establishment shall comply with all current code requirements for the occupancy
use and type.
PUBLIC WORKS
60)The applicant is responsible for obtaining all necessary plan approvals and permits.
61)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.
62)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]
PC Agenda Page 16