HomeMy WebLinkAbout1. PLN-19-00105 - 8206 Firestone Blvd.STAFF REPORT
PLANNING DIVISION
DATE: December 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-19-00105 (REVISION TO CONDITIONAL USE PERMIT PLN-13-
00085) – A REQUEST TO ALLOW A 1,289 SQUARE FOOT EXPANSION
TO AN EXISTING NIGHT CLUB.
LOCATION: 8206 FIRESTONE BOULEVARD
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
This is a request to amend existing Conditional Use Permit (CUP) PLN-13-00085, which
approved live entertainment, alcohol sales, size of use, and a night club use for “Club DB
Lounge”. The applicant is seeking to expand the building area by absorbing the east abutting
tenant space, 8214 Firestone Boulevard. The new space will increase the club floor area by
1,289 square feet. The majority of the expansion includes a bar area that will be accessed by
employees only. The business has recently obtained building permit approval to convert existing
open lounge area into additional restrooms. The combination of the proposed new bar area and
elimination of existing lounge area through a recent remodel will result in no net increase of
lounge area open to the public. Therefore, no changes are proposed for the amount of patrons
allowed within the building, or required parking. The night club will continue to comply under
similar existing conditions of approval.
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-19-00105,
THEREBY RECINDING RESOLUTION NO. 13-2832 AND ALLOWING THE
ADDITION OF 1,289 SQUARE FOOT TO AN EXISTING NIGHT CLUB AT 8206
FIRESTONE BOULEVARD WITHIN THE DOWNTOWN DOWNEY SPECIFIC
PLAN.
PC Agenda Page 1
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 2
BACKGROUND
The subject site is a 19,259 square foot parcel located along Firestone Boulevard, near the
intersection of Firestone Boulevard and La Reina Avenue, within the Downtown Downey
Specific Plan (DDSP). The site is currently developed with a 15,548 square foot multi-tenant
building. The nightclub is one of two tenant spaces on site. “Club DB Lounge” has been in
operation at the tenant space since January 1, 2000. The site is accessible by pedestrians
along Firestone Boulevard and by vehicles at the rear of the property via La Reina Avenue. The
Downey Transit Center is located directly south of the site. To the north, west and east are
commercial uses such as the “Downey Gateway” development.
Club DB Lounge currently operates within a 14,259 square foot tenant space. The night club
operates under a Type 48 Alcoholic Beverage Control License (On Sale General – Public
Premises) with live entertainment. Live entertainment and alcohol sales were allowed, on March
7, 2012, per the approval of PLN-11-00105 (Resolution No. 12-2758). Additional entitlements
were approved for the location in 1996, 2001, 2012 and 2013. The 2013 entitlement, PLN-13-
00085 (Resolution No. 13-2832), serves as the current authorizing document. This entitlement
allowed for a 2,800 square foot expansion, and eliminated the use of billiard tables and access
to portions of the building.
The allowed hours of operation are 3:00 p.m. to 2:00 a.m. Monday – Sunday, and 9:00 p.m. to
1:45 a.m. for live entertainment; however, the club chooses to limit its current operations to
Friday and Saturday from 9:00 p.m. to 2:00 a.m. The corresponding staff report and resolution
for the most recent approval are provided as Exhibit ‘C’. If the proposed application is approved,
then all previously approved entitlements 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 June 27, 2019 the applicant filed a request to revise CUP PLN-13-00085. Subsequently, the
applicant was issued an incomplete letter on July 26, 2019. After submitting all required
documents the application was deemed complete on October 7, 2019. On November 21, 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
PC Agenda Page 2
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 3
DISCUSSION
The current application is a request to revise an existing CUP. Specifically, the applicant plans
to absorb the east abutting 1,289 square foot tenant space and convert the space into a bar and
storage area for the existing night club. Despite the expanded square footage of the building,
the occupancy and parking requirement will not change.
The occupancy of the night club, as well as the parking, is determined by assembly space. Of
the 1,289 sq. ft. expansion, 650 square feet of the new tenant space will be used as a bar, 514
square feet will be occupied by storage, and only 125 square feet will serve as additional
assembly space accessible to the public. This additional assembly space is offset by the
elimination of existing assembly space to the southwest portion of the building. The southwest
portion was converted from lounge space to restrooms in recent building permit approvals.
Therefore, the changes proposed in this application will only serve as an added amenity to the
existing facility and will not allow for additional patrons.
In addition to the area expansion and recent building approvals, the applicant is also requesting
to remodel a portion of the existing tenant space. This includes the elimination of an existing bar
area, the elimination of booths, enlargement of one of the dance floors, and altering the exterior
of 8214 Firestone Boulevard to match the rest of the building.
The hours of operation for the business will be amended as part of this approval in order to
accommodate current City standards and maintain consistency with other approvals in the area.
The business is currently allowed to operate seven days a week from 3:00 p.m. to 2:00 a.m.,
with live entertainment from 9:00 p.m. to 1:45 a.m. The permitted hours for live entertainment
will be amended to Thursday through Saturday from 9:00 p.m. to 1:45 a.m, as has been
permitted for similar establishments in the area. In order to retain some of the flexibility that the
applicant had through its prior approval, the applicant may also offer live entertainment up to
1:45 a.m. on Sundays, where Monday is the holiday, as well as on other holidays such as
Halloween Day and New Year’s Eve; approved holidays are specifically listed as a Condition on
the proposed Resolution. This proposed modification will reduce the hours of operation and live
entertainment during the week but will allow the applicant to retain the ability to remain open
during holiday events which is consistent with their current business model. The new proposed
hours of operation are as follows:
Existing Hours of Operation Proposed Hours of Operation
Monday – Sunday:
3:00 p.m. – 2:00 a.m.
Live Entertainment
9:00 p.m. – 1:45 a.m.
Sunday – Wednesday:
3:00 p.m. – 12:00 a.m.
Thursday – Saturday:
3:00 p.m. – 2:00 a.m.
Live Entertainment
Thursday – Saturday:
9:00 p.m. – 1:45 a.m.
Sundays on Holiday Weekends, and specified
holidays:
9:00 p.m. – 1:45 a.m.
*Live entertainment shall cease fifteen (15) 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.
PC Agenda Page 3
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 4
The proposed use does not require an increase in the required parking and currently provides
119 spaces. Thirty-seven (37) spaces are located on site, 68 spaces are located at 8124
Firestone Boulevard (leased to the applicant via a shared parking agreement), and the
additional 14 parking spaces are leased from the City via a Downtown Parking Waiver
agreement. Parking is determined based upon assembly space and the proposed expansion is
offset by permit approvals that remove existing assembly space so there is no net increase that
would impact parking. The remaining square footage is used as restrooms, offices, storage,
stage and bar area. Per the Downey Municipal Code, one parking space is required for every
five persons in an assembly area. Due to the zero increase in assembly space as a result of this
application, no additional parking accommodations are required.
Security will be maintained as currently approved by the Police Department. The incidents on
site are described by the Police Department as commensurate with the type of use and the
types of incidents are not of a substantial nature. Additionally, Planning staff has been informed
by the Police Department that incidents are appropriately mitigated by the security staff and
ownership is always cooperative. The Police Department believes that the current number of
security guards provided is adequate.
Noise is not anticipated to create additional impacts as live entertainment is currently allowed
and changes will not result in an increase of occupancy. In addition, the hours of operation in
which the use is allowed to operate have been reduced, which further eliminates the potential
for an increased impact. The subject site is predominantly surrounded by commercial uses that
do not operate within the same time as the proposed use. Lastly, conditions of approval have
been incorporated in an effort to mitigate any potential nuisance.
DEVELOPMENT REVIEW COMMITTEE
On July 11, 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 stated that current existing conditions of approval were adequate. It was
mentioned that the amount of calls for service and the types of incidents were not substantial.
No departments 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 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:
PC Agenda Page 4
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 5
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 currently operates as a night club and
is located within an active downtown commercial area that contains similar alcohol and
live entertainment uses. Therefore, the project should not introduce 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
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 expanding and potentially improving upon the
already available live entertainment found within the City. 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 proposed scope of work for the interior remodel does not include changes to the
building’s square footage. The addition of the night club area is accomplished by
absorbing an existing abutting tenant space within the already existing multi-tenant
building. The proposed work does not create alterations that would restrict future
permitted uses from occupying the site. Nor will this application prohibit an existing use
located within the nearby area from altering their operations or redeveloping their site.
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 use of the site will remain identical to the existing use, thus adverse
impacts are not anticipated. The proposed application will not prompt requirements for
additional occupancy or parking. The existing building will not be enlarged, rather an
existing adjoining tenant space will be remodeled and incorporated into the existing night
club. The site has two vehicle access points located on La Reina Avenue and Downey
Avenue. The parking requirement is exceeded, and additional public parking is located
along Nance Street and in the downtown. Security guards have been required as a part
of this approval to ensure adequate safe guards are provided. 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.
PC Agenda Page 5
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 6
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The occupancy for the site will not be increased due to the forfeiture of assembly area
elsewhere within the building. The majority of the expansion will be used as bar area, and
will not contribute to the occupancy of the night club. Therefore the proposed application is
not anticipated to generate additional traffic. In addition, the use is common within active
downtown areas and the existing infrastructure is built to accommodate these types of
downtown uses. The existing transportation infrastructure and parking facilities for the
project site will remain adequate in supporting the type and quantity of traffic generated by
the proposed 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-19-00105), thereby allowing a 1,289 square foot expansion of the existing night club.
EXHIBITS
A. Maps
B. Draft Resolution
C. Resolution No. 13-2832 and Staff Report for PLN-13-00085
D. Project Plans
PC Agenda Page 6
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 7
EXHIBIT A
LOCATION MAP
AERIAL PHOTOGRAPH
Subject Site
New Tenant
Space
PC Agenda Page 7
Conditional Use Permit - PLN-19-00105
December 4, 2019 - Page 8
ZONING MAP
Subject Site
PC Agenda Page 8
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-19-00105,
THEREBY RECINDING RESOLUTION NO. 13-2832 AND ALLOWING THE
ADDITION OF 1,289 SQUARE FOOT TO AN EXISTING NIGHT CLUB AT 8206
FIRESTONE BOULEVARD WITHIN THE DOWNTOWN DOWNEY SPECIFIC
PLAN.
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 June 5, 2013, the Planning Commission approved Conditional Use Permit
PLN-13-00085, to expand the floor area, eliminate billiards and mezzanine use,
and rescind Conditional Use Permit PLN-12-00178; and,
B. On June 27, 2019, Hayk Gevorkyan (hereinafter “applicant”), submitted a request
for a revision to a Condition Use Permit to expand the existing floor area and
rescind Conditional Use Permit PLN-13-00085; and,
C. On July 26, 2019, the applicants were issued a letter deeming the application
incomplete.
D. On October 7, 2019, the application was deemed complete after all required
documents were submitted and reviewed.
E. On November 21, 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 December 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 currently operates as a night club and is located within an active
downtown commercial area that contains similar alcohol and live entertainment
uses. Therefore, the project should not introduce a nuisance related to public
PC Agenda Page 9
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 4, 2019 - Page 2
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 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 expanding and potentially improving
upon the already available live entertainment found within the City. 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
proposed scope of work for the interior remodel does not include changes to the
building’s square footage. The addition of the night club area is accomplished by
absorbing an existing abutting tenant space within the already existing multi-
tenant building. The proposed work does not create alterations that would restrict
future permitted uses from occupying the site. Nor will this application prohibit an
existing use located within the nearby area from altering their operations or
redeveloping their site. 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 use of the site will remain identical to the existing use, thus
adverse impacts are not anticipated. The proposed application will not prompt
requirements for additional occupancy or parking. The existing building will not
be enlarged, rather an existing adjoining tenant space will be remodeled and
incorporated into the existing night club. The site has two vehicle access points
located on La Reina Avenue and Downey Avenue. The parking requirement is
exceeded, and additional public parking is located along Nance Street and in the
downtown. Security guards have been required as a part of this approval to
ensure adequate safe guards are provided. 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. The occupancy for the site will not be
increased due to the forfeiture of assembly area elsewhere within the building.
The majority of the expansion will be used as bar area, and will not contribute to
the occupancy of the night club. Therefore the proposed application is not
anticipated to generate additional traffic. In addition, the use is common within
active downtown areas and the existing infrastructure is built to accommodate
these types of downtown uses. The existing transportation infrastructure and
parking facilities for the project site will remain adequate in supporting the type
and quantity of traffic generated by the proposed use.
PC Agenda Page 10
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 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 a revision to
Conditional Use Permit PLN-13-00085, 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 December 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
December 2019, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 11
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 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-13-00085 allows for an
expansion of 1,289 square feet in floor area to the existing night club use by converting
the east abutting tenant space, 8214 Firestone Blvd., into a bar area, storage area, and
customer seating area. The approval also allows for the continuation of live
entertainment and alcohol sales.
2) The form of live entertainment is limited to dancing, disc jokey, live bands, and karaoke.
3) The permitted hours of operation for bar use are as follows:
Sunday – Wednesday 3:00 p.m. – 12:00 a.m.
Thursday – Saturday 3:00 p.m. – 2:00 a.m.
4) The permitted hours of operation for live entertainment are as follows:
Thursday – Saturday 9:00 p.m. – 1:45 a.m.
5) This establishment is also allowed to operate from 3:00 p.m. to 2:00 a.m. and provide
live entertainment from 9:00 p.m. – 1:45 a.m. on the Sunday of a holiday weekend,
where the holiday is on a Monday. These holidays are limited to Martin L. King’s
Birthday, Presidents’ Day, Memorial Day, Labor Day, and Veteran’s Day.
6) This establishment is also allowed to operate from 3:00 p.m. to 2:00 a.m. and provide
live entertainment from 9:00 p.m. – 1:45 a.m. on specified holidays regardless of the day
of the week. These holidays are limited to New Year’s Eve, Independence Day,
Valentine’s Day, St. Patrick’s Day, Cinco de Mayo, Halloween, and the day before
Thanksgiving.
7) Live entertainment shall cease fifteen (15) minutes prior to closing.
8) ”Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing.
9) Customer access to the mezzanine level is prohibited.
10) The resolution which approved Conditional Use Permit PLN-13-00085 is hereby voided
and shall no longer be enforceable.
11) 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.
12) The site shall remain in conformance with this request and the approved set of plans.
This includes completion and final sign-off of building permits for new restrooms in
southwest portion of the business.
PC Agenda Page 12
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 4, 2019 - Page 5
13) 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.
14) 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.
15) Conditional Use Permit PLN-19-00105 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.
16) 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.
17) 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.
18) 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.
19) 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.
20) 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.
PC Agenda Page 13
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 4, 2019 - Page 6
21) 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.
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.
22) The following organization has 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.
23) The subject property and surrounding area, at least 25 feet to the east and west of the
subject site on the north and south side, must be maintained free of trash, litter, and
debris at all times.
24) The owner/applicant shall ensure that all entry and exit doors to and from the subject
business remain closed during all hours of operation.
25) The owner/applicant shall not permit any loitering on the subject site.
26) Customers shall not be within the business after the specified closing time.
27) The sale of alcoholic beverages for off the premises consumption shall be prohibited.
Consumption of alcoholic beverages shall be prohibited in the establishment’s parking
area. 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.
28) 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.
29) Doors must remain closed when not in use.
30) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
31) Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
32) The parking lots serving the business shall be equipped with lighting of sufficient power
to illuminate and easily discernible the appearance and conduct of all persons on or
about the parking lot.
PC Agenda Page 14
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 4, 2019 - Page 7
33) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval, into the
approved set of building plans.
BUILDING
34) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
35) 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.
36) 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
37) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
38) 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.
39) 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.
40) The owner/applicant shall not permit any loitering in front of the business.
41) 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.
42) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
43) 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.
44) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
PC Agenda Page 15
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 4, 2019 - Page 8
45) 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.
46) 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
47) Project shall comply with California Fire Code 2016 requirements in addition to all
applicable City of Downey Municipal Codes. Differed submittal: Fire sprinkler, fire alarm,
kitchen hood. Provide up dated emergency and non emergency egress plan. Provide
flame spread rating for all interior finishes (upholstering/wall covering/floor/ceiling)
Provide updated occupant load. Provide fire extinguishers throughout. Address shall be
placed at the front of the building in an approved location per Fire Department.
Additional fire department requirements may be required at the time of plan
submittal/approval.
48) The applicant is responsible for obtaining all necessary permits prior to the
commencement of construction.
49) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code
§506.1].
50) 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].
51) Provide occupancy load sign to the occupancy[CA Fire Code §1004].
52) 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.
53) The establishment shall comply with all current code requirements for the occupancy
use and type.
PUBLIC WORKS
54) The owner/applicant shall obtain all necessary plan approvals and permits
55) The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC)..
Furthermore, the applicant shall be required to Certify and append Public Works
standard “Attachment A” to all construction plans as required by the LACoDPW Storm
PC Agenda Page 16
Resolution No.
Downey Planning Commission
PLN-19-00105 – 8206 Firestone Blvd.
December 4, 2019 - Page 9
Water Quality Management Plan (SQMP).
56) The owner/applicant shall deploy Best Management Practices during and after
construction.
57) 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
58) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
59) 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 17
Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development Construction
Projects/Certification Statement
The following is intended as an attachment for construction and grading plans and
represent the minimum standards of good housekeeping which must be
implemented on all construction sites regardless of size.
☐ Eroded sediments and other pollutants must be retained on site and may not be
transported from the site via sheetflow, swales, area drains, natural drainage
courses or wind.
☐ Stockpiles of earth and other construction related materials must be protected from
being transported from the site by the forces of wind or water.
☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with
their listing and are not to contaminate the soil and surface waters. All approved
storage containers are to be protected from the weather. Spills must be cleaned up
immediately and disposed of in a proper manner. Spills may not be washed into the
drainage system.
☐ Non-storm water runoff from equipment and vehicle washing and any other activity
shall be contained at the project site.
☐ Excess or waste concrete may not be washed into the public way or any other
drainage system. Provisions shall be made to retain concrete wastes on site until
they can be disposed of as solid waste.
☐ Trash and construction related solid wastes must be deposited into a covered
receptacle to prevent contamination of rainwater and dispersal by wind.
☐ Sediments and other materials may not be tracked from the site by vehicle traffic.
The construction entrance roadways must be stabilized so as to inhibit sediments
from being deposited into the public way. Accidental depositions must be swept up
immediately and may not be washed down by rain or other means.
☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to
inhibit erosion by wind and water.
☐ Other
_____________________________________________________________
_____________________________________________________________
As the project owner or authorized agent of the owner, I have read and understand the
requirements listed above, necessary to control storm water pollution from sediments,
erosion, and construction materials, and I certify that I will comply with these requirements.
Project Name: _________________________________________________________
Project Address: _______________________________________________________
Print Name ______________________________________
(Owner or authorized agent of the owner)
Signature _____________________________________ Date __________________
(Owner or authorized agent of the owner)
PC Agenda Page 18
PC Agenda Page 19
PC Agenda Page 20
PC Agenda Page 21
PC Agenda Page 22
PC Agenda Page 23
PC Agenda Page 24
PC Agenda Page 25
PC Agenda Page 26
PC Agenda Page 27
PC Agenda Page 28
PC Agenda Page 29
PC Agenda Page 30
PC Agenda Page 31
PC Agenda Page 32
PC Agenda Page 33
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CITY OF DOWNEY MUNICIPAL
C
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NOTES:4VICINITY MAP
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A
.
9
2
8
6
5
P
L
A
N
S
+
C
O
N
S
T
R
U
C
T
I
O
N
J
O
B
S
I
T
E
:
8
2
0
6
-
8
2
1
2
F
I
R
E
S
T
O
N
E
B
L
V
D
D
O
W
N
E
Y
,
C
A
9
0
2
4
1
1
S
C
A
L
E
3
/
3
2
"
=
1
'
-
0
"
S
I
T
E
P
L
A
N
N
P
C
A
g
e
n
d
a
P
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3
5
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E
B
L
V
D
.
C
E
N
T
E
R
L
I
N
E
(E) SIDEWALK
(
E
)
C
U
R
B
(
E
)
C
U
R
B
(
E
)
S
I
D
E
W
A
L
K
8
1
2
4
8
1
2
6
8
1
3
0
8
1
3
2
8
1
3
4
8
1
3
6
8
1
4
0
NO PARKING
N
O
P
A
R
K
I
N
G
N
O
P
A
R
K
I
N
G
N
O
P
A
R
K
I
N
G
(E) TRASH AREA
N
A
N
C
E
S
T
.
C
E
N
T
E
R
L
I
N
E
PL=210'
P
L
=
2
4
3
.
9
9
'
P
L
=
2
4
3
.
9
9
'
PL=210'
(E) CONTAINER
25'-0"
50'-0"
108'-6"101'-6"
66'-3"143'-9"
8
7
7
7
7
6
7
4
5
1
0
(E) EMPTY LOT
R
E
V
I
S
I
O
N
S
B
Y
O
F
S
H
E
E
T
S
A
-
1
.
2
P
L
A
N
:
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D
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J
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B
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O
.
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S
N
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E
D
A
.
B
.
P
R
O
J
E
C
T
N
A
M
E
:
1
2
/
1
2
/
2
0
1
8
2
1
8
-
1
2
1
2
C
L
U
B
d
b
L
O
U
N
G
E
A
.
B
.
/
J
.
G
C
S
L
B
L
I
C
#
9
7
4
3
1
5
w
w
w
.
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e
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o
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.
(
5
6
2
)
7
5
5
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9
2
3
2
1
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1
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.
H
E
I
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A
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.
S
U
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#
2
0
6
O
R
A
N
G
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,
C
A
.
9
2
8
6
5
P
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A
N
S
+
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T
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C
T
I
O
N
J
O
B
S
I
T
E
:
8
2
0
6
-
8
2
1
2
F
I
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S
T
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N
E
B
L
V
D
D
O
W
N
E
Y
,
C
A
9
0
2
4
1
1
S
C
A
L
E
1
/
1
6
"
=
1
'
-
0
"
O
F
F
S
I
T
E
P
A
R
K
I
N
G
S
P
A
C
E
S
N
P
C
A
g
e
n
d
a
P
a
g
e
3
6
U
P
(
E
)
B
A
R
(
E
)
P
R
E
P
A
R
E
A
1
(
E
)
W
O
M
E
N
'
S
R
E
S
T
R
O
O
M
(
E
)
M
E
N
'
S
R
E
S
T
R
O
O
M
(E) CORRIDOR
(
E
)
E
N
T
R
A
N
C
E
(
E
)
E
M
P
L
O
Y
E
E
A
R
E
A
1
U
P
EXIT
EXIT
3
-
C
O
M
P
.
S
I
N
K
3
0
x
3
0
M
O
P
S
I
N
K
PREP. SINK HAND
SINK1
8
"
S
P
L
A
S
H
G
U
A
R
D
CABINET
ICE BIN
CABINET ICE BIN
C
A
B
I
N
E
T
I
C
E
B
I
N
B
E
E
R
R
E
F
.
B
E
E
R
R
E
F
.
BEER REF.BEER REF.
I
C
E
M
A
K
E
R
R
E
F
.
/
F
R
E
E
Z
E
R
WORK TABLE
WORK TABLE
H
A
N
D
I
C
A
P
C
O
U
N
T
E
R
P
.
O
.
S
.
P.O.S.
OVEN
WORK TABLE
(
E
)
P
R
E
P
A
R
E
A
2
(E) FIRE RISERROOM
EXIT
(
E
)
L
O
U
N
G
E
A
R
E
A
1
(E) PATIO
(
E
)
D
A
N
C
E
F
L
O
O
R
A
R
E
A
(
E
)
D
.
J
.
B
O
O
T
H
(E) ENTRANCEAREA(E) HOSTSTATION
(
E
)
L
O
U
N
G
E
A
R
E
A
4
(
E
)
L
O
U
N
G
E
A
R
E
A
5
(
E
)
L
O
U
N
G
E
A
R
E
A
2
(E) STAGE ANDDJ BOOTH AREA (42" HIGH)
(
E
)
L
O
U
N
G
E
A
R
E
A
3
(E)ADA LIFT (E) LED WALL PANEL(E) RAMP (E) LANDINGUP
U
P
E
L
E
C
P
A
N
E
L
W
.
H
.
L
O
C
K
E
R
S
L
O
C
K
E
R
S
J
A
N
I
T
O
R
A
R
E
A
AIR CURTAIN
(
E
)
B
A
R
A
R
E
A
2
BAG IN
THE BOX
3-DOOR REF.
F.S.
F
.
S
.
C
O
U
N
T
E
R
C
O
U
N
T
E
R
U
P
VANITY
(
E
)
W
O
M
E
N
'
S
R
E
S
T
R
O
O
M
30"x48"
CLR SPACE
2'-10"3'-2"7'-0"3'-2"17'-6"5'-3"7'-2"3'-2"5'-10"3'-2"8'-2"3'-2"7'-10"10'-0"23'-3"
110'-7"
1
0
2
'
-
7
"
1
7
'
-
5
"
1
2
0
'
-
0
"
5'-9"47'-4"7'-6"4'-2"6'-0"4'-2"20'-2"15'-6"110'-7"2'-6"
7
7
'
-
6
"
4
0
'
-
1
"
1
2
0
'
-
0
"
UP
(
E
)
M
E
N
'
S
R
E
S
T
R
O
O
M
(
E
)
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F
F
I
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(
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)
E
M
P
L
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E
E
A
R
E
A
(
E
)
C
O
L
T
Y
P
(
E
)
C
O
L
T
Y
P
(
E
)
J
A
N
I
T
O
R
A
R
E
A
MEZZANINE LINE ABOVE
(
E
)
E
X
I
T
C
O
R
R
I
D
O
R
(
E
)
C
O
R
R
I
D
O
R
(
E
)
R
E
S
T
R
O
O
M
30"x48"
CLR SPACE
30"x48"CLR SPACE
3-DOOR REF.
(
E
)
C
O
L
T
Y
P
(
E
)
C
O
L
T
Y
P
0
1
2
3
4
5
6
7
8
(
E
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T
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W
A
Y
(
T
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B
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D
E
M
O
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S
H
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D
)
(
E
)
C
A
B
I
N
E
T
(
E
)
S
U
P
P
L
Y
R
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M
3
(
E
)
D
A
N
C
E
F
L
O
O
R
A
R
E
A
1
(
E
)
A
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M
M
A
C
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N
E
S
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P
T
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X
I
S
T
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N
G
M
E
Z
Z
A
N
I
N
E
(
E
)
O
P
E
N
A
R
E
A
(E) RAILING(E) RAILING
EXIT
F
L
O
O
R
D
R
A
I
N
F
L
O
O
R
D
R
A
I
N
F
.
S
.
EXTG. WALL TO REMAIN WALL LEGEND
R
E
V
I
S
I
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N
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B
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H
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E
T
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A
-
2
.
1
P
L
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:
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X
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A
.
B
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C
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M
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:
1
2
/
1
2
/
2
0
1
8
2
1
8
-
1
2
1
2
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d
b
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G
E
A
.
B
.
/
J
.
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C
S
L
B
L
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C
#
9
7
4
3
1
5
w
w
w
.
T
h
e
E
l
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a
n
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a
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c
o
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.
(
5
6
2
)
7
5
5
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9
2
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1
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1
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.
H
E
I
M
A
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.
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#
2
0
6
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R
A
N
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E
,
C
A
.
9
2
8
6
5
P
L
A
N
S
+
C
O
N
S
T
R
U
C
T
I
O
N
J
O
B
S
I
T
E
:
8
2
0
6
-
8
2
1
2
F
I
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S
T
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B
L
V
D
D
O
W
N
E
Y
,
C
A
9
0
2
4
1
1
1
S
C
A
L
E
1
/
8
"
=
1
'
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E
X
I
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T
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1
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t
F
L
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P
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A
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P
C
A
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n
d
a
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3
7
U
P
(
E
)
B
A
R
(
E
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P
R
E
P
A
R
E
A
1
(
E
)
W
O
M
E
N
'
S
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E
S
T
R
O
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M
(
E
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M
E
N
'
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S
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(E) CORRIDOR
(
E
)
E
N
T
R
A
N
C
E
(
E
)
E
M
P
L
O
Y
E
E
A
R
E
A
1
U
P
EXIT
EXIT
3
-
C
O
M
P
.
S
I
N
K
3
0
x
3
0
M
O
P
S
I
N
K
PREP. SINK HAND
SINK1
8
"
S
P
L
A
S
H
G
U
A
R
D
CABINET
ICE BIN
CABINET ICE BIN
C
A
B
I
N
E
T
I
C
E
B
I
N
B
E
E
R
R
E
F
.
B
E
E
R
R
E
F
.
BEER REF.BEER REF.
I
C
E
M
A
K
E
R
R
E
F
.
/
F
R
E
E
Z
E
R
WORK TABLE
WORK TABLE
H
A
N
D
I
C
A
P
C
O
U
N
T
E
R
P
.
O
.
S
.
P.O.S.
OVEN
WORK TABLE
(
E
)
P
R
E
P
A
R
E
A
2
(
E
)
F
I
R
E
R
I
S
E
R
R
O
O
M
EXIT
(
E
)
L
O
U
N
G
E
A
R
E
A
1
(
E
)
P
A
T
I
O
(
E
)
D
.
J
.
B
O
O
T
H
(
E
)
E
N
T
R
A
N
C
E
A
R
E
A
(
E
)
H
O
S
T
S
T
A
T
I
O
N
(
E
)
L
O
U
N
G
E
A
R
E
A
4
(
E
)
L
O
U
N
G
E
A
R
E
A
5
(
E
)
L
O
U
N
G
E
A
R
E
A
2
(
E
)
S
T
A
G
E
A
N
D
D
J
B
O
O
T
H
A
R
E
A
(
4
2
"
H
I
G
H
)
(
E
)
L
O
U
N
G
E
A
R
E
A
3
(
E
)
A
D
A
L
I
F
T
(
E
)
L
E
D
W
A
L
L
P
A
N
E
L
(
E
)
R
A
M
P
(
E
)
L
A
N
D
I
N
G
U
P
U
P
E
L
E
C
P
A
N
E
L
EXIT
W
.
H
.
L
O
C
K
E
R
S
L
O
C
K
E
R
S
J
A
N
I
T
O
R
A
R
E
A
AIR CURTAIN
(
E
)
B
A
R
BAG IN
THE BOX
3-DOOR REF.
F.S.
F
.
S
.
C
O
U
N
T
E
R
C
O
U
N
T
E
R
U
P
VANITY
(
E
)
W
O
M
E
N
'
S
R
E
S
T
R
O
O
M
30"x48"
CLR SPACE
2'-10"3'-2"7'-0"3'-2"17'-6"5'-3"7'-2"3'-2"5'-10"3'-2"8'-2"3'-2"7'-10"10'-0"23'-3"
110'-7"
1
0
2
'
-
7
"
1
7
'
-
5
"
1
2
0
'
-
0
"
5'-9"47'-4"7'-6"4'-2"6'-0"4'-2"20'-2"15'-6"
110'-7"
2
'
-
6
"
7
7
'
-
6
"
4
0
'
-
1
"
1
2
0
'
-
0
"
U
P
(
E
)
M
E
N
'
S
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S
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M
(
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)
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F
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E
(
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M
P
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E
A
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A
(
E
)
C
O
L
T
Y
P
(
E
)
C
O
L
T
Y
P
(
E
)
J
A
N
I
T
O
R
A
R
E
A
MEZZANINE LINE ABOVE
(
E
)
E
X
I
T
C
O
R
R
I
D
O
R
(
E
)
C
O
R
R
I
D
O
R
(
E
)
R
E
S
T
R
O
O
M
30"x48"
CLR SPACE
30"x48"
CLR SPACE
3-DOOR REF.
(
E
)
C
O
L
T
Y
P
(
E
)
C
O
L
T
Y
P
0
1
2
3
4
5
6
7
8
(
E
)
S
T
A
I
R
W
A
Y
(
T
O
B
E
D
E
M
O
L
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S
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E
D
)
(
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)
C
A
B
I
N
E
T
(
E
)
D
A
N
C
E
F
L
O
O
R
A
R
E
A
(
E
)
S
U
P
P
L
Y
R
O
O
M
3
(
E
)
D
A
N
C
E
F
L
O
O
R
A
R
E
A
1
(
E
)
A
T
M
M
A
C
H
I
N
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S
U
P
T
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X
I
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T
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N
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M
E
Z
Z
A
N
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N
E
(
E
)
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P
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.
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(E) PATIO AREA 1(E) ENTRANCEAREA(E) HOSTSTATION
(
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L
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N
G
E
A
R
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A
4
(
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L
O
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A
2
(E) STAGE ANDDJ BOOTH AREA (42" HIGH)
(
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L
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A
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A
3
(E)ADA LIFT (E) LED WALL PANEL(E) RAMP (E) LANDINGUP
E
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CLR SPACE
2'-10"3'-2"7'-0"3'-2"17'-6"5'-3"7'-2"3'-2"5'-10"3'-2"8'-2"3'-2"7'-10"10'-0"
110'-7"
8
0
'
-
3
"
1
2
'
-
0
"
1
2
0
'
-
0
"
5'-9"47'-4"7'-6"4'-2"6'-0"4'-2"20'-2"15'-6"110'-7"2'-6"
7
7
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6
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0
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1
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1
2
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30"x48"
CLR SPACE
30"x48"CLR SPACE
STAINLESS STEEL
TROUGH URINAL
VANITY
VANITY
24"x24"
MOP SINK
8
'
-
7
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7
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1
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1
2
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2
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30"x48"
CLR SPACE
30"x48"
CLR SPACE
30"x48"
CLR SPACE
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CLR SPACE
(E) RAILING(E) RAILING
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30"x48"CLR SPACE
T
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(N) KITCHEN AREA
(
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BAG IN BOX
8'-0"4'-11"4'-0"6'-0"10'-8"ADACOUNTER
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1
PC Agenda Page 42
PC Agenda Page 43