HomeMy WebLinkAboutPC Reso 20-3126RESOLUTION NO. 20-3126
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING (PLN -20-00029), A REQUEST FOR FAQADE
REMODELS OF EXISTING COMMERCIAL TENANT SPACE, A
CONDITIONAL USE PERMIT FOR A TYPE 48 ABC LICENSE, AND LIVE
ENTERTAINMENT, IN CONJUNCTION WITH A LOUNGE/BAR, ON
PROPERTY LOCATED AT 11002 DOWNEY AVENUE AND 8304 3RD STREET,
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On February 20, 2020, an application was filed by Simon Simonian, (hereinafter referred
to as "the Applicant"), requesting approval of a Conditional Use Permit and Site Plan
Review (PLN -20-00029) for a remodel of the existing general retail tenant space in order
to operate bar/lounge with a Type 48 (On -Sale General — Public Premises) ABC license,
and live entertainment in the form of bands and musicians, located at 11002 Downey
Avenue, and zoned DDSP (Downtown Downey Specific Plan); and,
B. On March 18, 2020, the application was deemed incomplete. On April 17, 2020, the
applicant submitted revised plans, and on May 15, 2020, the application was deemed
complete; and,
C. On June 18, 2020, a notice of the pending public hearing was published in the Downey
Patriot and mailed to all property owners within 500 feet of the subject site; and,
D. On, July 1, 2020, the Planning Commission held a duly noticed public hearing, and, after
fully considering all oral and written testimony and facts and opinions offered at
aforesaid public hearing, directed staff to prepare conditions that would enable an
approval for the proposed project and voted to continue the item to August 5, 2020; and
E. On July 2, 2020, the applicant submitted written confirmation of his authorization to
continue the item to the regular meeting of August 5, 2020; and,
F. On August 5, 2020, the Planning Commission held a duly noticed public hearing, and,
after fully considering all oral and written testimony and facts and opinions offered at
aforesaid public hearing, adopted this resolution.
SECTION 2. The proposed Conditional Use Permit and Site Plan Review were
reviewed for compliance with the California Environmental Quality Act (CEQA). Upon
completion of this review, the proposed remodel and Conditional Use Permit were determined to
be exempt from CEQA pursuant to Section 15301 (Class 1, Existing Facilities), which have
been determined not to have a significant effect on the environment. Class 1 consists of projects
that involve no or negligible expansion of an existing use.
Resolution No. 20-3126
Downey Planning Commission
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission gave staff
direction to make the following positive findings as described:
A. The site plan is consistent with the goals and policies embodied in the General Plan and
other applicable plans and policies adopted by the Council. The bar/lounge will add a
new entertainment destination to the Downtown Downey area which is consistent with
the policies and programs established in the General Plan for the Downtown Downey
area, as stated below:
Policy 1.2.2.1. Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities.
Program 1.1.5.3. Promote Downtown Downey as a destination draw for entertainment
and dining uses.
The bar/lounge will be a new use introduced into the Downtown Core of the Downtown
Downey Specific Plan. The addition of a new entertainment use can be seen as
promoting the draw to Downtown Downey by increasing the number of uses in this area
which would be consistent with the General Plan policy and program listed above.
B. The proposed development is in accordance with the purposes and objectives of this
article and the zone in which the site is located. The subject site is located in the
Downtown Downey Specific Plan which permits the use, subject to approval of a
Conditional Use Permit. The Planning Commission has determined that, with appropriate
conditions, a Conditional Use Permit can be supported and the bar/lounge will comply
with the objectives of the Downtown Downey Specific Plan and is a desirable use for the
Downtown Core.
C. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site, the immediate neighborhood, and the surrounding areas of the City. The proposed
fagade improvements will enhance multiple facades within the Downtown Core. The
primary focus of the fagade improvements will be focused on the primary tenant space
area at the corner of Downey Avenue and 3rd Street. However, the expansion into the
rear tenant space will result in a restoration of the existing art deco architecture on the
storefronts behind the primary bar/lounge space. These improvements will result in
updates to three facades in the Downtown Core and provide a connection on 3rd Street
between the proposed enhancements to the bar/lounge and the future improvements to
the former Avenue Theater.
D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The project includes a fagade remodel and interior renovations within existing tenant
spaces. There are no changes to the building location or parking areas because the
existing building is built up to property lines and no parking exists on the subject site.
The proposed remodel includes the use of accordion style foldable glass doors that will
create an open concept and seating areas extending into the right of way. The outdoor
seating area will be enclosed by a glass rail, the placement of which will be required to
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Resolution No. 20-3126
Downey Planning Commission
maintain ADA accessibility for all surrounding public right-of-way areas. The applicant
will participate in the Downtown Downey parking waiver program to allow patrons use of
all City parking and require a fee from the applicant. The proposed fagade remodel will
improve the aesthetics by incorporating quality architectural materials to contribute to the
enhancement of the Downtown Core.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The proposed fagade improvement will remove dated architectural features, such as the
oversized mansard roof and install new wood features, iron work, and glass features.
The proposed improvements do not mimic other fagades in the area that could lead to
monotony. The proposed improvements are intended to complement existing
architecture in the area, including the fagade improvements to the former Avenue
Theater that is currently under construction. The new expansion to the rear of the
primary tenant space will result in a renovation of the existing art deco fagade of the
storefronts between the former Avenue Theater and the new bar/lounge. The restoration
of the additional fagade will establish a connection between the two improvements along
3rd Street.
F. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The proposed fagade
improvements will improve the architectural landscape of the Downtown Core by
removing dated features from the prior storefront and adding new features. The mix of
materials to be incorporated into the new facades will create interest and add a new
element of design to a corner that was previously dated and remained unimproved for
years.
G. The proposed development's site plan and its design features will include graffiti -
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. Conditions have been included in the approval
resolution for the proposed bar/lounge to require graffiti resistant coating or similar
features to prevent the creation of nuisances in the Downtown area. This is a standard
condition for all new development that the bar/lounge will be required to comply with.
SECTION 4. Having considered all of the oral and written evidence presented to it at said
public hearings regarding the Conditional Use Permit, the Planning Commission gave staff
direction to make the following positive findings as described:
A. The requested conditional use permit will not adversely affect the intent and purpose of
Article IX of the Downey Municipal Code or the City's General Plan or the public
convenience or general welfare of persons residing or working in the neighborhood
thereof. The bar/lounge will add a new entertainment destination to the Downtown
Downey area which is consistent with the policies and programs established in the
General Plan for the Downtown Downey area, as stated below:
Policy 1.2.2.1. Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities.
Program 1.1.5.3. Promote Downtown Downey as a destination draw for
entertainment and dining uses.
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Resolution No. 20-3126
Downey Planning Commission
The bar/lounge will be a new use introduced into the Downtown Core of the Downtown
Downey Specific Plan. The addition of a new entertainment use can be seen as
promoting the draw to Downtown Downey by increasing the number of uses in this area
which would be consistent with the General Plan policy and program listed above.
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. After review of the
proposed project, potential impacts, public comment, and deliberation, the Planning
Commission determined that the proposed use would not adversely affect the
surrounding area. The Planning Commission identified that the bar/lounge was a
desirable use in the Downtown Core and, with appropriate conditions, would not
adversely affect surrounding land uses.
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
applicant revised the original proposal to expand the size of the tenant space in order to
provide additional preparation area to accommodate the proposed charcuterie menu and
comply with Los Angeles County Public Health Department requirements. Additionally,
the applicant has revised the proposed enclosure for the outdoor seating area from
planters to glass railing in order to comply with ADA accessibility requirements in the
public right-of-way. The bar/lounge has been revised so that the business will be able to
meet the physical requirements to comply with applicable codes that are in place to
prevent impacts to the general public.
D. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The subject site does not provide any onsite parking
but, is located within the Downtown Downey Specific Plan. The Specific Plan
acknowledges that the built environment within the Specific Plan area does not allow for
individual businesses to meet their requirement for onsite parking and developed a
parking waiver program. This program allows businesses to participate in the program
through a fee so that their patrons can utilize open public parking areas provided and
maintained by the City. The bar/lounge will participate in the parking waiver program to
comply with the required parking need for the use.
SECTION 5. Based upon the findings set forth in Sections 1 and 4 of this Resolution,
the Planning Commission of the City of Downey hereby approves the Site Plan Review and
Conditional Use Permit (PLN -20-00029), 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.
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Resolution No. 20-3126
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SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2020.
t
zel
Migue , Garte, 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 5th day of August,
2020, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dominguez
ABSTAIN:
COMMISSIONERS:
None
Mary C anagh, Secret
City Planning Commission
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Resolution No. 20-3126
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SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN -20-00029)
EXHIBIT A — CONDITIONS
PLANNING
1) The approval of Site Plan Review and Conditional Use Permit (PLN -20-00029) allows a
proposed bar to operate with a Type 48 (On Sale General — Public Premises) ABC
license as described below:
a) The subject site is located at 11002 Downey Avenue and 8304 3`d Street. Tenant
improvements will be completed to join these units into one tenant space with
internal accessibility.
b) The exterior remodel will include removal of the mansard roof to be replaced with
decorative horizontal wood siding along the upper portion of the building above a
prominent black beam with stucco on the remaining portion of the building; metal
paneling with a coal black finish around corner entries; cloth awnings and light
fixtures along both facades; decorative iron work along 3`d Street; and accordion
style foldable glass doors facing Downey Avenue and at the corner of 3`d Street.
C) Outdoor Seating will be permitted, subject to a Public Works Encroachment
Permit, along Downey Avenue and the Corner of 3`d Street.
d) Live entertainment will be permitted on weekends, subject to the conditions
outlined below in this resolution.
e) A standing room area enclosed by a glass rail is permitted along 3`d Street,
subject to ADA compliance and a Public Works encroachment permit.
2) Approval of Conditional Use Permit PLN -20-00029 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) All rules and regulations set forth by the California Department of Public Health and the
Los Angeles County Department of Public Health shall be enforced and complied with.
The applicant shall be subject to any and all applicable orders issued by these agencies
to protect the public health such as the most recent orders for social distancing and
operational restrictions related to the COVID-19 coronavirus pandemic.
4) The site shall remain in conformance with this request and the approved set of plans.
5) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
6) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
7) 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.
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Resolution No. 20-3126
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8) 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.
9) 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.
10) 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.
11) 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.
12) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from entering the business.
13) 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.
14) 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.
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Resolution No. 20-3126
Downey Planning Commission
d) Methods for dealing with intoxicated customers and recognizing underage
customers.
15) 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.
16) As the first "bar only' use in the downtown, six month reviews shall be conducted by
staff, at staff level, for an 18 -month period following opening for a total of three reviews;
shall be presented to the Planning Commission only if warranted by calls -for -service.
17) The bar/lounge permitted hours of operation shall be:
Monday — Sunday: 4:00 p.m. to 2:00 a.m.
18) Live entertainment hours of operation are permitted as follows:
Friday — Saturday: 9:00 p.m. — 1:30 a.m.
19) Live entertainment shall cease thirty (30) minutes prior to closing.
20) This establishment is also allowed to operate from 4:00 p.m. to 2:00 a.m. and provide
live entertainment from 9:00 p.m. — 1:30 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.
21) This establishment is also allowed to operate from 4:00 p.m. to 2:00 a.m. and provide
live entertainment from 9:00 p.m. —1:30 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.
22) Live entertainment shall be limited to a maximum of 2 performers in the form of one
lounge singer and either a second vocalist or an accompanying musician. Amplified
music, a disc jockey and dancing is prohibited.
23) Two televisions and/or a projector are permitted to play genre movies only, no pay-per-
view or sports shall be permitted.
24) "Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing..
25) Customers shall not be within the business after the specified closing time.
26) 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 seating 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.
27) Food service shall be provided at all times alcohol is served.
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28) Gross receipts for the establishment must reflect 20% of all sales is for food items.
29) All doors and windows shall be closed during live entertainment performances.
30) The rear door, on 3`d Street, shall not be available to the public at any time.
31) Employees shall not use the rear door on Td Street as part of the service for the
bar/lounge. The rear prep area must be accessed internally only.
32) The business shall comply with the City of Downey's noise ordinance, but in any case,
no greater than 65 dBA as measured at the property line. Upon receiving complaints
regarding noise levels, the Director of Community Development may order the
preparation of a noise study. The City will hire a consultant to prepare a noise study, and
said noise study shall be paid by the business owner. All mitigation measures identified
in the noise study shall be implemented and become part of this Conditional Use Permit
and shall have the force of conditions of approval.
33) Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
34) 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.
35) Cover charge for the admission to the business shall not be permitted at any time,
except for charity events and a New Year's Eve event.
36) There shall be no form of pay-per-view events at this location.
37) The subject property, and adjacent 20 feet beyond each edge of the establishment on
Downey Avenue and Td Street, must be maintained free of trash, litter, and debris at all
times.
38) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
39) Any graffiti applied to the site shall be removed within 48 hours.
40) The owner/applicant shall not permit any loitering on the subject site.
41) All outdoor seating areas and encroachments into the public right-of-way must be in full
compliance with Public Works ADA accessibility standards. Outdoor seating area cannot
be installed until after an encroachment permit is obtained from the Department of Public
Works.
42) A copy of this Resolution shall be maintained on the premises at all times. A copy of the
Conditions of Approval 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,
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ordinances, or regulations.
43) The applicant is required to refurbish the exterior facades located at 8304-06 V Street
to restore and enhance the existing art deco style elevation. At a minimum,
refurbishment shall include new paint, removal of the doorway air conditioners to be
replaced with transom windows, removal of sign cabinet over the unit at 8304 3rd Street
with repairs to the fagade as needed. Restoration must be completed prior to issuance of
a Certificate of Occupancy for the bar/lounge and be subject to approval of the City
Planner.
44) All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and shall require separate permits.
45) The applicant is required to participate in the Downtown Parking Credits Program to
comply with the parking requirements of the bar/lounge use due to the lack of on-site
parking. The agreement will be prepared by the City and must be signed and returned by
the applicant prior to issuance of building permits.
BUILDING DEPARTMENT
46) All construction shall comply with the most recent adopted City and State building codes:
a) 2019 California Building Code
b) 2019 California Electrical Code
C) 2019 California Mechanical Code
d) 2019 California Plumbing Code
e) 2019 California Fire Code
f) 2019 California Green Code
47) Special Inspections — As indicated by California Building Code Section 1704, the owner
shall employ one or more special inspectors who shall provide special inspections when
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
48) The Title Sheet of the plans shall include:
a) Occupancy Group
b) Occupant Load
C) Description of use
d) Type of Construction
e) Height of Building
f) Floor area of building(s) and/or occupancy group(s)
49) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
50) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
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51) The project design will conform with energy conservation measures articulated in Title
24 of the California Code of Regulations and address measures to reduce energy
consumption such as flow restrictors for toilets, low consumptions light fixtures, and
insulation and shall use to the extent feasible draught landscaping.
52) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
53) Public and private site improvements shall be designed in accordance with the
Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan
shall include a site accessibility plan identifying exterior routes of travel and detailing
running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and
truncated domes. Path of travel shall be provided from the public right of way and
accessible parking to building. The design professional shall ensure that the site
accessibility plan is compliance with the latest Federal and State regulations.
54) Restaurants and commercial kitchens shall have a grease trap or interceptor sized as
required by the City of Downey's Public Works Department.
POLICE
55) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
56) 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.
57) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises. Signs shall also include verbiage
prohibiting the possession and consumption of alcohol outside the premises.
58) Signage on glass fence shall include a sign stating, "No alcohol beyond this point".
59) The owner/applicant shall not permit any loitering in front of the business.
60) A copy of this Resolution 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.
61) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
62) 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.
63) 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
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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.
PUBLIC WORKS
64) If applicable, all public utilities shall be installed underground.
65) Proposed public improvements in City right-of-way shall comply with the latest edition of
Standard Plans and Specifications for Public Works Construction, City of Downey
standards and the Americans with Disabilities Act (ADA).
66) Owner/Applicant's contractor shall obtain permits from the Public Works Department for
all improvements within the public right of way at least two weeks prior to commencing
work. Contact Brian Aleman, Assistant Civil Engineer I, at (562) 904-7110 for
information.
67) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
68) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
69) 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 and grading plans as required by the LACoDPW Storm water
Quality Management Plan (SQMP).
70) 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.
71) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
72) The owner/applicant shall deploy Best Management Practices during and after
construction.
73) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code.
74) 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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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.
L 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
Signature
(Owner or authorized agent of the owner)
(Owner or authorized agent of the owner)
11002 Downey Ave. — PLN -20-00029
August 5, 2020 - Page 13
Date