HomeMy WebLinkAbout1. PLN-19-00192 8100-04 FirestoneSTAFF REPORT
PLANNING DIVISION
DATE: FEBRUARY 17, 2021
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-19-00192 – A REQUEST TO ALLOW A 2,284 SQUARE FOOT
EXPANSION TO AN EXISTING 945 SQUARE FOOT RESTAURANT,
EXTERIOR FAÇADE REMODEL, OUTDOOR SEATING AREA, AND
LIVE ENTERTAINMENT.
LOCATION: 8100-8104 FIRESTONE BOULEVARD
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
The applicant is seeking to expand the existing restaurant use at 8104 Firestone Boulevard by
absorbing the west abutting tenant space, 8100 Firestone Boulevard. The new space will
increase the 945 square foot restaurant by 2,284 square feet. The interior 2,284 square foot
expansion includes a bar area, additional seating , kitchen prep area, men’s and women’s
restrooms, in addition to a 1,347 square foot new outdoor dining area. The restaurant operates
with an Alcohol Beverage Control (ABC) Type 47 license (On-Sale General – Eating Place) and
live entertainment. The proposed Resolution will incorporate the previous Conditions of
Approval from Resolution Nos. 15-2920 and 16-2971, and subsequently rescind the same
resolutions so the business will operate under one Resolution instead of multiple.
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-19-00192,
THEREBY RECINDING RESOLUTION NOS. 15-2920 AND 16-2971, AND
ALLOWING THE ADDITION OF 2,284 SQUARE FEET TO AN EXISTING 945
SQUARE FOOT RESTAURANT, A NEW 1,347 SQUARE FOOT OUTDOOR
SEATING AREA, EXTERIOR FAÇADE REMODEL, AND LIVE
ENTERTAINMENT LOCATED AT 8100-8104 FIRESTONE BOULEVARD
WITHIN THE DOWNTOWN DOWNEY SPECIFIC PLAN.
PC AGENDA PAGE 1
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 2
BACKGROUND
The subject site is a 7,500 square foot parcel located at the southwest intersection of Firestone
Boulevard and Myrtle Avenue, within the Downtown Downey Specific Plan (DDSP). The site is
currently developed with a 3,229 square foot multi-tenant building. The existing Mariscos Choix
restaurant occupies the eastern 945 square foot tenant space, and includes an outdoor dining
area along the east side of the restaurant. The 2,284 square foot tenant space on the west side
of the building is vacant and was previously occupied by a music recording studio. Mariscos
Choix has been in operation at the subject site since 2014. The U.S Postal facility is located to
the north across Firestone Boulevard, an auto repair facility is located to the south, auto sales to
the east, and a Del Taco fast food restaurant to the west, across Myrtle Street.
On May 20, 2015, the Planning Commission adopted Resolution No. 15-2920, which allowed
live entertainment in the form of three musicians. On April 6, 2016, the Planning Commission
adopted Resolution No. 16-2971, which allowed amplified music, a fourth musician, and an
admission fee to enter the business during pay-per-view sporting events only. The Commission
also adopted Resolution No. 16-2972, which denied a request to begin live music at 4:00 p.m. in
the outdoor dining area on Thursdays and Fridays.
On November 29, 2016, the Department of Alcohol Beverage Control approved the restaurant
for a Type 47 (On-Sale General – Eating Place). Pursuant to the Downtown Downey Specific
Plan (DDSP), the sale of alcoholic beverages (ABC license Types 41 and 47) do not require the
approval of a Conditional Use Permit.
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. Resolution No. 16-2972 will remain, as it
does not reflect an approval and remains in effect.
On November 19, 2019 the applicant filed a request to revise the existing Conditional Use
Permit to reflect the planned expansion of the restaurant operations. Subsequently, the
applicant was issued incomplete letters. After submitting all required documents on December
28, 2020, the application was deemed complete on January 12, 2021. On January 21, 2021,
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.
On January 20, 2021, the applicant submitted revised plans and on January 21, 2021, the
applicant submitted a letter requesting the public hearing be continued to allow sufficient time to
review the proposed revisions.
Existing Frontage
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Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 3
DISCUSSION
The applicant proposes to expand into the adjacent 2,284 square foot tenant space in order to
expand the dining area, add restrooms, a bar, storage, and provide additional covered outdoor
dining. The request also includes the continued use of live entertainment, further detailed in this
report.
Site Improvements
The site is presently improved with substandard/non-conforming parking spaces located at the
front of the building that do not comply with back-up dimensions and standards. In this
configuration vehicles are required to back out onto Firestone Boulevard through one driveway,
creating a hazardous situation for on-coming traffic. The non-conforming parking spaces will be
removed and the existing driveway approach along Firestone Boulevard will be replaced with
sidewalk, curb, and gutter. A 1,347 square foot covered dining area will replace the non-
conforming parking spaces and will include a 36-inch high reinforced wall, topped with a 12”
high glass panel, along the north and west property lines surrounding the outdoor dining area.
Landscape planters will be located in the outdoor dining area and an 18-inch wide landscape
planter will be installed between the dining area and the north and west property line.
A compliant trash enclosure will be installed at the rear of the building. The existing chain link
fence along the south and east property line will also be removed and replaced with a six-foot
high block wall and decorative cap in tan and brown colors to complement the building façade.
Floor Plan
The expansion area will include additional seating in the dining area, a new bar, a sushi bar, a
small office, a prep area, and two accessible restrooms. The restrooms located in the expanded
area are currently available to Mariscos Choix customers, but customers have to exit the
building to access them. The new floor plan will provide direct interior access to the restroom
facilities, which are ADA compliant. The new floor plan will provide four points of ingress/egress;
along the front through the new outdoor dining area, two entrances on the east side of the
building, through the existing outdoor dining area, and at the rear of the restaurant.
Parking
The total proposed square footage of the restaurant will measure 3,229 square feet, plus 2,135
square feet of outdoor seating area, for a total area of 5,364 square feet. Parking for a
restaurant in the DDSP is calculated one parking space per 200 square feet of floor area. Thus,
27 parking spaces are required for the restaurant. The site does not have and cannot provide
safe, code compliant parking, so the applicant will be required to enter into a Downtown Parking
Waiver Agreement with the City of Downey for 27 parking spaces. Public parking is available
throughout the Downtown area, however, the closest public parking lot is located across
Firestone Boulevard, approximately 140 feet from the subject site.
The DDSP encourages shared/single points of parking in the downtown area, and allows a
portion, or all, of the required parking to be accommodated using one of the two following
alternatives:
PC AGENDA PAGE 3
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 4
• The owner or occupant of the property on which the waiver is to be applied, agrees to
pay the City an amount to be determined by the City Council for each automobile
storage space; or
• Through the Conditional Use Permit process, which requires finding a location within
1,320 linear feet of the subject site that has enough excess parking to accommodate
both the on-site use(s) and the restaurant’s required parking.
The business owner has decided to enter into a parking agreement for a total of 27 spaces to
resolve the lack of on-site parking.
Restaurant Operations
The existing conditional use permit allows the applicant to provide live entertainment, amplified
music, and up to four amplified musicians. In addition, the business operator is allowed to
charge patrons an admission fee to enter the business during pay-per-view sporting events. A
cover charge is not allowed during any other time.
The applicant is proposing to continue the live entertainment, but is requesting to add a disc
jockey (DJ) and karaoke to the business. No stage is proposed for the DJ or the karaoke
singers. The applicant has not proposed a fixed location for the DJ, as the equipment
associated with a DJ has been reduced to a laptop. The DJ will station him/herself at a table or
at the bar. In regard to karaoke, the applicant has indicated that the microphone will be passed
to the patrons and songs will be sung from their table. Dancing is not currently permitted and the
application request does not include dancing, therefore, a condition of approval has been
included to prohibit dancing.
The existing hours of operation are 10:00 a.m. to 2:00 a.m. The applicant is requesting to
modify the hours of operation to open earlier, from 7:00 a.m. to 2:00 a.m. to accommodate
breakfast. No other changes are proposed to the hours of operation. The business will provide
the following permitted hours of operation and live entertainment:
Location Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Hours of
Operation 7 a.m. – 2 a.m.
Hours of Live
Entertainment
Inside 11 a.m. – 11 p.m. 11 a.m. – 1 a.m. 11 a.m. – 1 a.m.
Outside 6 p.m. – 11 p.m. 6 p.m. – 1 a.m. 11 a.m. – 1 a.m.
The nearest residential properties are located approximately 600 feet away to the south, across
the train tracks on Phlox Street. It is not anticipated that the noise associated with the operation
of the restaurant will negatively impact those residential properties. Furthermore, live
entertainment within the outdoor seating area will not begin prior to 6:00 p.m. Monday through
Friday, and may begin at 11:00 a.m. on Saturday and Sunday. During a previous modification to
the conditional use permit, the Police Department was concerned that beginning live
entertainment prior to 6:00 p.m. would negatively affect the adjacent commercial businesses, as
many are still open until 6:00 p.m. The kitchen will remain open to serve a full menu at all times
the business is open, with last call for service 30 minutes before closing.
PC AGENDA PAGE 4
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 5
In order to reduce the impact associated with amplified musicians and karaoke singers, both will
be limited to inside the restaurant and within the existing outdoor seating area, east of the
building.
Security Plan
The existing security plan requires one security guard during periods of live entertainment. The
new security plan was reviewed and approved by the Police Department, which will include one
additional security guard during the periods when live entertainment is provided, and the
number of closed-circuit television (CCTV) cameras on-site will double to 32. The cameras will
monitor both the inside and perimeter of the site. The restaurant will operate per the security
protocols outlined in the attached security plan, which include, but are not limited to:
• Property perimeter checks every 15 minutes;
• Restroom checks every 15 minutes;
• Staff to be TIPS “Training for Intervention ProcedureS” Alcohol Training Certified”;
• Fight control measures; and,
• 911 Police response.
The Police Department determined that the proposed security plan is adequate for the proposed
restaurant expansion and live entertainment. Subsequently, the Police Department reviewed
changes to the floor plan submitted on January 20, 2021 and confirmed that no further changes
to the Security Plan were required.
Façade Remodel
The restaurant will include an exterior remodel to provide a consistent design that incorporates
the existing restaurant and the adjacent tenant space. The remodel will include a large covered
patio that extends the width of the subject site installed at the front of the site facing Firestone
Boulevard. The restaurant will include a combination of natural stone veneer on the reinforced,
36-inch high block wall and on the front elevation. The proposed covered patio will include
similar architectural elements found on the building, and bring the restaurant closer to the public
sidewalk, creating a consistent interaction between storefronts, shop windows, ground floors,
and passing pedestrians as required by the DDSP. The patio cover will extend to within 18
inches of the north and west property lines, allowing for a landscape planter to wrap around the
outdoor seating area. The patio cover incorporates many of the elements found on the main
building, such as a matching fascia with wood panels and brown accents to give the
appearance that the building is located at the front property line. The brown patio columns also
match the brown accents proposed throughout the building. The west elevation will include a
stone veneer wainscot, a tan stucco wall with dark brown cornices, and a 36-inch high stone
wainscot for the length of the façade. The stone veneer will wrap around the rear of the building,
and also include tan stucco, brown cornices, and a 36-inch high stone wainscot.
The site will also include a new trash enclosure with a standing seam metal roof, matching
stone veneer, and black metal doors. In order to further tie the trash enclosure design with the
façade remodel, staff has added a condition of approval that the doors and the standing-seam
metal roof on the trash enclosure be powder coated brown to match the brown accent colors
found throughout the building.
PC AGENDA PAGE 5
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 6
Landscaping
The subject site is located in an area of Downtown that allows a maximum 18-inch setback from
the front and street side property lines, which allows for a landscape planter to surround the
restaurant. The existing outdoor dining area on the east side of the restaurant has existing
planters that will remain, which include four King Palm trees. The proposed landscape planters
will include a combination of small plants, such as Fortnight lily, Day lily, Clivia, and False
Heather. The landscape planter along the west property line will also include Creeping Fig, so
once fully mature; the west façade will include a “green wall”.
DEVELOPMENT REVIEW COMMITTEE
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
required a revised security plan due to the proposed restaurant expansion. The Police
Department reviewed and approved the revised security plan, which includes an additional
security guard. The Public Works Department required that the driveway approach on Myrtle
Street be reconstructed to comply with City standards, and that front driveway approach facing
Firestone Boulevard be removed and replaced with sidewalk, curb, and gutter. No departments
expressed significant 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. 15332
(Class 32, Infill Development). 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 32 exemptions consist of projects that involve infill
development within urban areas and have negligible environmental impacts.
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 subject site currently operates as a restaurant with live entertainment, and a vacant
tenant space. The expansion of the restaurant into the vacant tenant space is located
within an active downtown commercial area that contains similar alcohol and live
entertainment uses. Therefore, the project should not introduce a nuisance 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
PC AGENDA PAGE 6
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 7
The CUP promotes the above policy by expanding and potentially improving upon the
availability of restaurants with outdoor seating, and 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. Furthermore,
removal of the non-conforming parking spaces located at the front of the property will
eliminate vehicles from backing out directly onto a major boulevard, alleviating traffic
concerns along Firestone Boulevard.
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 includes expansion of the existing restaurant into the
adjacent tenant space, additional outdoor seating area, a façade remodel of the entire
building, and live entertainment. 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 current vacant tenant space will be absorbed into the existing restaurant.
Improvement of the site through the removal of non-conforming parking spaces along
the front portion of the lot will remove a dangerous traffic situation along Firestone
Boulevard, as vehicles are currently required to back out directly onto the street. All on-
site parking will be eliminated as a result of the outdoor dining area, thus the applicant
will be required to enter into a Parking Waiver Agreement with the City for 27 spaces.
Public parking lots are available throughout the Downtown Downey area, with one
located across Firestone Boulevard, approximately 140-feet from the subject site. The
entire building will be remodeled and refurbished to create a consistent design, while at
the same time encouraging walkability along Firestone Boulevard by bringing the
building closer to the sidewalk. Security guards have been required as a part of this
approval to ensure adequate safe guards are provided. 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 increase due to the additional square footage associated
with the expansion of the restaurant and additional outdoor seating. The addition of the
vacant tenant space will be used for fixed seating, bar area, prep area, and a small office.
While the expansion is anticipated to generate some additional traffic, it is not anticipated to
significantly impact the existing roadway system. Additionally, development of the site will
result in the removal of non-conforming parking spaces located at the front of the
property, and result in better traffic flow along Firestone Boulevard. These parking
spaces require vehicles to back-out directly onto street, creating a dangerous situation
for on-coming traffic. In addition, the use is common within active downtown areas and the
PC AGENDA PAGE 7
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 8
existing infrastructure is built to accommodate these types of downtown uses. The existing
transportation infrastructure and available public parking facilities are adequate to support
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 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-19-00192), thereby allowing a 2,284
square foot expansion of the existing restaurant, a new 1,347 square foot outdoor dining area,
and live entertainment in the form of musicians, a disc jockey, and karaoke.
EXHIBITS
A. Maps
B. Draft Resolution
C. Resolutions No. 15-2920, 16-2971, and 16-2972
D. Project Plans
PC AGENDA PAGE 8
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 9
EXHIBIT A
LOCATION MAP
AERIAL PHOTOGRAPH
PC AGENDA PAGE 9
Conditional Use Permit - PLN-19-00192
February 17, 2021 - Page 10
ZONING MAP
PC AGENDA PAGE 10
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT PLN-19-00192, THEREBY RECINDING
RESOLUTION NOS. 15-2920, 16-2971, AND 16-2972 AND ALLOWING THE
ADDITION OF 2,284 SQUARE FEET TO AN EXISTING 945 SQUARE FOOT
RESTAURANT, A NEW 1,347 SQUARE FOOT OUTDOOR SEATING AREA, FAÇADE
REMODEL, AND LIVE ENTERTAINMENT LOCATED AT 8100-8104 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 May 20, 2015, the Planning Commission adopted Resolution No. 15-2920 for PLN-
15-00061 (Conditional Use Permit), to allow live entertainment in the form of a three-man
acoustical band, and the operation of a Type 41 (On-Sale Beer & Wine, Eating Place)
license, on property located at 8104 Firestone Boulevard; and,
B. On April 6, 2016, the Planning Commission adopted Resolution No. 16-2971, Revision
“A” to PLN 15-00061 to allow a fourth musician, and to allow the business owner to
charge an admission fee to enter the business during pay-per-view sporting events; and
C. On April 6, 2016, the Planning Commission adopted Resolution No. 16-2972, which
denied the applicant’s request to allow live music in the outdoor dining area beginning at
4:00 p.m.; and
D. Resolutions No. 16-2971 and 16-2972 are hereby incorporated and are now null and
void.
E. Mariscos Choix filed an application on November 19, 2019 requesting approval of a
Conditional Use Permit to allow the expansion of an existing restaurant, outdoor seating
area, an façade remodel, and live entertainment in the form of four musicians, a disc
jockey, and karaoke, on the property located at 8104 Firestone Boulevard and zoned
DDSP (Downtown Downey Specific Plan); and,
F. On January 21, 2021, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published in the
Downey Patriot; and,
G. On January 20, 2021, the applicant submitted revised plans, and on January 21, 2021,
the applicant submitted a letter requesting the public hearing be continued in order to
provide the City sufficient time to review the proposed revisions.
H. At their regular meeting of February 3, 2021, the Planning Commission voted to approve
the applicant’s request to continue the public hearing to February 17, 2021.
I. The Planning Commission held a duly noticed public hearing on February 17, 2021 and
after fully considering all oral and written testimony, facts, and opinions offered at the
aforesaid public hearing adopted this resolution.
PC AGENDA PAGE 11
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 2
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. 15332 (Class 32), Infill Developments.
SECTION 3. Having considered all of the oral and written evidence presented to it at said public
hearing, the Planning Commission further finds, determines and declares that:
A. The 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 restaurant with live entertainment, and a vacant tenant space. The
expansion of the restaurant into the vacant tenant space is located within an active
downtown commercial area that contains similar alcohol and live entertainment uses.
Therefore, the project should not introduce a nuisance 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
availability of restaurants with outdoor seating, and 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. Furthermore,
removal of the non-conforming parking spaces located at the front of the property will
eliminate vehicles from backing out directly onto a major boulevard, alleviating traffic
concerns along Firestone Boulevard.
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 includes expansion of the existing restaurant into the adjacent tenant space,
additional outdoor seating area, a façade remodel of the entire building, and live
entertainment. 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
current vacant tenant space will be absorbed into the existing restaurant. Improvement of
the site through the removal of non-conforming parking spaces along the front portion of
the lot will remove a dangerous traffic situation along Firestone Boulevard, as vehicles
are currently required to back out directly onto the street. All on-site parking will be
eliminated as a result of the outdoor dining area, thus the applicant will be required to
enter into a Parking Waiver Agreement with the City for 27 spaces. Public parking lots
are available throughout the Downtown Downey area, with one located across Firestone
Boulevard, approximately 140-feet from the subject site. The entire building will be
remodeled and refurbished to create a consistent design, while at the same time
encouraging walkability along Firestone Boulevard by bringing the building closer to the
PC AGENDA PAGE 12
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 3
sidewalk. Security guards have been required as a part of this approval to ensure
adequate safe guards are provided. 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 increase due to the
additional square footage associated with the expansion of the restaurant and additional
outdoor seating. The addition of the vacant tenant space will be used for fixed seating,
bar area, prep area, and a small office. While the expansion is anticipated to generate
some additional traffic, it is not anticipated to significantly impact the existing roadway
system. Additionally, development of the site will result in the removal of non-conforming
parking spaces located at the front of the property, and result in better traffic flow along
Firestone Boulevard. These parking spaces require vehicles to back-out directly onto
street, creating a dangerous situation for on-coming 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 available public parking facilities are adequate to support the type and quantity of
traffic generated by the proposed use.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the
Planning Commission of the City of Downey hereby approves the Conditional Use Permit,
subject to the Conditions of Approval attached hereto as Exhibit A – Conditions, which are
necessary to preserve the health, safety and general welfare of the community and enable the
Planning Commission to make the findings set forth in the previous sections. The conditions are
fair and reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of February, 2021.
Miguel Duarte, Chairperson
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 17th day of February,
2021, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
PC AGENDA PAGE 13
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 4
CONDITIONS OF APPROVAL
PLN-19-00192 (CONDITIONAL USE PERMIT)
PLANNING
1) This approval of PLN-19-00192 (Conditional Use Permit) allows Mariscos Choix Restaurant
to expand into the vacant 2,284 square foot adjacent tenant space and convert the space
into additional fixed seating, a bar area, prep area, restrooms, and a small office, a 1,347
square foot covered dining area, and a façade remodel. The request authorizes the use of
amplified music, a disc jockey, karaoke, no more than amplified four musicians to perform
during the permitted hours for live entertainment, and allowing the applicant/business owner
to charge patrons an admission fee to enter the business during pay-per-view sporting
events (There shall be no cover charge at any other time), in conjunction with the operation
of the restaurant and an ABC Type 47 (On-Sale General – Eating Place) license.
2) The Resolutions No. 15-2920 and 16-2971 are hereby voided and shall no longer be
enforceable.
3) The permitted hours of operation of the business are 7:00 a.m. to 2:00 a.m. daily.
4) Hours of operation and live entertainment are as follows:
Location Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Hours of
Operation 7 a.m. – 2 a.m.
Hours of Live
Entertainment
Inside 11 a.m. – 11 p.m. 11 a.m. – 1 a.m. 11 a.m. – 1 a.m.
Outside 6 p.m. – 11 p.m. 6 p.m. – 1 a.m. 11 a.m. – 1 a.m.
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. 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.
7) 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.
8) 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.
PC AGENDA PAGE 14
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 5
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, the applicant and the
property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of
Downey.
11) 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.
12) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County and City laws
and regulations. Unless otherwise expressly specified, all other requirements of the
Downtown Downey Specific Plan and the City of Downey Municipal Code shall apply.
13) The use approved herein must be executed within one year of approval or shall be subject to
revocation where this approval will be deemed null and void.
14) 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.
15) The sale of alcohol shall be incidental to the sale of food within the dining area.
16) “Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing.
17) Gross sales of alcohol shall not exceed the gross sales of food. At the request of the Director
of Community Development, the applicant shall provide evidence that the gross sales of food
exceed 50% the gross sales of alcohol.
18) Musicians and amplification shall be permitted in the existing outdoor seating area located
on the east side of the building and throughout the interior of the building only.
19) Karaoke singers shall be limited to the indoor seating area only.
20) Amplification for musicians shall be limited to string instruments, accordion, and singer only.
21) There shall be no stage or customer dancing at the subject establishment.
PC AGENDA PAGE 15
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 6
22) During pay-per-view events, the applicant/business owner shall install and use a “curtain-
like” barrier around the windows and the outdoor dining area to prevent televisions being
visible from outside of the restaurant.
23) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of live entertainment at any time.
24) 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.
25) 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.
26) 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.
27) 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.
28) 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.
29) The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
30) The owner/applicant shall not permit any loitering on the subject site.
31) The applicant is required to participate in the Downtown Parking Credits Program to comply
with the parking requirements of the restaurant use due to the lack of on-site parking. The
PC AGENDA PAGE 16
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 7
agreement will be for twenty-seven parking spaces. The agreement will be prepared by the
City and must be signed and returned by the applicant prior to issuance of building permits.
32) Approval of the Grant of Easement and Maintenance Agreement shall be approved and
recorded with the County of Los Angeles prior to the issuance of building permits.
33) 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.
34) Prior to the issuance of building permits, the applicant shall obtain City Planner approval of
the proposed trash enclosure.
35) The applicant must incorporate a copy of this Exhibit A, Conditions of Approval, into the
approved set of building plans.
36) Any graffiti applied to the site shall be removed within 48 hours.
37) All signs shall comply with the requirements set forth in the Downtown Downey Specific Plan
and shall require separate permits.
38) All above ground utilities and mechanical equipment such as a back-flow preventer must be
screened from view of from the public right-of-way by use of decorative metal cut-out panels
subject to approval by the City Planner.
POLICE
39) Prior to operating live entertainment, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
40) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises.
41) A copy of the resolution and any Police permits 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, ordinance, or
regulations.
42) Payment for beverage services shall be made only after such services have been provided
to the patrons of 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 worn
backwards.
44) 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.
BUILDING
45) All construction shall comply with the most recent adopted City and State building codes:
PC AGENDA PAGE 17
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 8
• 2019 California Building Code
• 2019 California Electrical Code
• 2019 California Mechanical Code
• 2019 California Plumbing Code
• 2019 California Fire Code
• 2019 California Green Code
46) 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.
47) The Title Sheet of the plans shall include:
• Occupancy Group
• Occupant Load
• Description of use
• Type of Construction
• Height of Building
• Floor area of building(s) and/or occupancy group(s)
48) School impact fees shall be paid prior to permit issuance.
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.
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.
55) All projects including food service or Public pools and/or spas shall be checked and
approved by the County Health Department as part of the building department plan review
process.
PC AGENDA PAGE 18
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 9
FIRE
56) Provide additional information/detail as to Occupancy Type and Occupant Load as to
determine what level of fire protection shall be required.
57) Provide occupancy load information. An occupancy load sign shall be posted at main
entrance [CA Fire Code §1004]
58) Based on proposed design reflecting an occupant load of 100 or more persons, this
establishment shall be equipped with an automatic sprinkler system. A deferred automatic
fire sprinkler plan shall be submitted for Assembly Group A-2 occupancy (restaurant) with
occupant load of 100 or more persons. Automatic fire sprinkler system design, installation,
and testing shall be per NFPA 13 [CFC § 903.2.1.2 #3; DMC 3318]
59) If required per Code, deferred fire alarm and detection system plan submittal required for
Assembly Group A-2 occupancy (restaurant). Automatic fire alarm and detection system
design, installation, and testing shall be per NFPA 72 [CFC § 907; DMC 3318]
60) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code
§506.1]
61) 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]
62) 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]
63) 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]
64) If applicable, establishment of hazardous materials business plan (HMBP) for handling of
compressed and/or refrigerated beverage system gases (e.g. Carbon dioxide, Nitrogen)
exceeding 1000 cubic feet at STP (standard temperature pressure) [HSC 25507(5)(C)]
65) Exit signs shall be properly illuminated and readily visible from any direction of egress travel
[CA Fire Code §1013.1; 1013.31030.2; 1030.3]
66) 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, door swing direction,
etc.
PUBLIC WORKS
67) All public utilities shall be installed underground.
68) Proposed public improvements shall comply with the latest edition of Standard Plans and
Specifications for Public Works Construction, City of Downey standards and the Americans
with Disabilities Act (ADA).
PC AGENDA PAGE 19
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 10
69) 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, at (562) 904-7110 for information.
70) Remove and replace damaged, uneven or sub-standard curb, gutter, sidewalk, driveway
approaches, and pavement to the satisfaction of the Public Works Department. Contact the
Public Works Inspector at (562) 904-7110 to identify the limits of the areas to be removed
and replaced at least 48 hours prior to commencing work.
71) Owner/Applicant shall reconstruct the existing driveway approach located on Myrtle Street
per Standard Plans of Public Works Construction (SPPWC) No. 110-2 Type C. Driveway
width bottom of X to bottom of X shall be a minimum of 12 feet in order accommodate for
large vehicles. The new widen driveways shall be at least five (5)-feet away from any above-
ground obstructions (including storm drains) in the public right-of-way to the top of the
driveway “X.” Otherwise, the obstruction shall be relocated at the applicant’s expense.
Ensure that each driveway provides proper pedestrian access across, in compliance with
ADA standards. The final layout and site driveway approach design shall be subject to the
review and approval by the Public Works Department.
72) All unused driveway approaches shall be removed and constructed with full-height curb
gutter, and sidewalk to match existing improvements.
73) Submit public improvement plan for review and approval by Public Works Department prior
to the start of construction and the issuance of any encroachment permit for improvements
within the public right of way.
74) Remove all Underground Service Alert (USA) temporary pavement markings immediately
following the completion of the work / Final permit inspection.
75) Paint property address numbers (4” height) on the curb face in front of the proposed
development to the City’s satisfaction.
76) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
77) Complete a construction & demolition (C&D) waste management plan per Article V, Chapter
8 of the Downey Municipal Code.
78) Construct onsite pavement, consisting of a minimum section of 4” thick aggregate base, and
a minimum 2-1/2” thick asphalt concrete pavement. Construct Pavement on-site parking and
circulation areas as required by a pavement engineering or geotechnical report prepared by
a Registered Civil Engineer, subject to the review and approval of the Public Works and
Community Development Departments.
79) 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.
80) The owner/applicant must coordinate with the County Sanitation District of Los Angeles to
assure that the current Industrial Waste Discharge permit is closed and an exempt letter is
used by the county notifying that an Industrial Waste Discharge permit is not need anymore.
Please provide copies to the City of Downey’s Public Works Department.
PC AGENDA PAGE 20
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 11
Water & Sewer
81) Connection of any new water service line(s) must be to the existing 8-inch main located on
Myrtle Street.
82) The owner/applicant shall retrofit any existing fire hydrant(s) within the property frontage in
accordance to latest Fire Department and Department of Public Works standards including
but not limited to furnishing and installation of a new riser, fire hydrant head, and associated
fittings.
83) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire
Department and Building and Safety standards. Should such fire sprinkler system(s) require
the installation of dedicated fire service lateral(s), such lateral(s) shall be constructed in
accordance with the latest Department of Public Works and Fire Department standards
including backflow devices, fire department connections and other appurtenances as
required. New fire service lateral(s) shall be connected to existing 8-inch main located on
Myrtle Street and shall be dedicated for fire service only.
84) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow
devices in accordance with City of Downey standards and as required by State and LA
County Department of Public Health. Backflow devices shall be located on private property,
readily accessible for emergency and inspection purposes, and screened from view by
providing sufficient landscaping.
85) Backflow devices shall be certified in the field by a licensed LA County Department of Public
Health certified tester prior to placing into service and such certification provided to City.
86) Existing potable, irrigation and fire water service lines and associated appurtenances must
be removed and abandoned from existing water main.
87) Owner or tenant must establish accounts with the City Cashier prior to the City activating and
the tenant using any fire, potable, or recycled water service and meter.
88) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of the following:
89) Potable Water Improvement Plans (all City-owned potable water and fire service lateral
improvements)
90) Final City approved potable water improvement plans shall be submitted on mylars and shall
be signed and stamped by a State of California licensed civil engineer.
91) Improvement plans for potable main improvement shall be both plan and profile.
92) Upon completion of water improvements, owner/applicant shall submit red-lined construction
plans to City noting all changes to the plan and profile of all water improvements installed.
Such changes shall be incorporated into a final record drawing mylar which shall be signed
and stamped by the original engineer and/or architect of record and submitted to the City
along with digital files (AutoCAD – latest edition).
93) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters, and appurtenances.
PC AGENDA PAGE 21
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 12
94) The owner/applicant shall consult the Department of Public Works to determine the sewer
location and design requirements.
95) Site shall be served by adequately sized water supply facilities, which shall include fire
hydrants of the size, type and location approved by the Fire Chief.
96) The water mains shall be of sufficient size to accommodate the total domestic and fire flow
required for the subdivision. The domestic/fire water flows required are to be checked and
approved by the Dept. of Public Works or the water provider for size and velocity. Fire flows
required are to be determined by the Fire Chief.
97) Any deviation from the city standards in constructing the water and sewer lines shall be
approved by the Los Angeles County Health Department.
NPDES
98) The owner/applicant shall comply with the National Pollutant Discharge Elimination System
(NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact
Development (LID) Plan. 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 Stormwater Quality Management Plan (SQMP).
99) 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.
100) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
101) The owner/applicant shall deploy Best Management Practices during and after
construction.
Assessment District
102) The owner/applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and Division
12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State
of California.
END OF CONDITIONS
PC AGENDA PAGE 22
Resolution No.
Downey Planning Commission
PLN-19-00192 – 8100-8104 Firestone Blvd.
February 17th, 2021 – Page 13
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)
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RESOLUTION NO. 16 -2972
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY,
PLN -15 -00240 (REVISION `A' TO PLN -15- 00061, CONDITIONAL USE PERMIT),
DENYING A REQUEST TO BEGIN LIVE MUSIC AT 4:00 P.M. IN THE OUTDOOR
DINING AREA, THURSDAYS AND FRIDAYS, AT AN EXISTING RESTAURANT,
ON PROPERTY LOCATED AT 8104 FIRESTONE BLVD, 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 May 20, 2015, the Planning Commission adopted Resolution No. 15 -2920 for
PLN -15 -00061 (conditional use permit), to allow live entertainment in the form of
a three -man acoustical band, and the operation of a Type 41 (On -Sale Beer &
Wine, Eating Place) license, on property located at 8104 Firestone Blvd,
Downey; and,
B. On December 7, 2015, a Land Use Application was filed by Raul Gonzalez to
obtain the Planning Commission's approval of PLN -15- 00240, a request to
amend the previously- approved conditions of approval to: 1) allow live music in
the outdoor dining area to begin at 4:00 p.m. (instead of 6:00 p.m.), Thursdays
and Fridays only; 2) allow amplified music; 3) increase the number of musicians
to entertain in the business from three to four; and 4) allow the business to
charge an admission fee to enter the business during pay - per -view sporting
events at Mariscos Choix Restaurant; and,
C. The subject properties are zoned Downtown Downey Specific Plan (DDSP); and,
D. The General Plan designation of the subject property is Mixed Use (MU); and,
E. Staff found this application to be complete on February 2, 2016 and scheduled it
for the regularly scheduled Planning Commission meeting of February 17, 2016;
and,
F. On February 3, 2016, notice of the pending public hearing was sent to all
Downey property owners within 500 feet of the subject site and the notice was
published in the Downey Patriot; and,
G. On February 17, 2016, the regular meeting of the Planning Commission was
cancelled. A notice of adjournment for the pending public hearing was posted at
Downey City Hall, Downey City Library, and Barbara J. Riley Senior Center; and,
H. Following this postponement, on February 19, 2016, a notice of continuance of
public hearing for PLN -15 -00240 was sent to the applicant (Mr. Gonzalez); and,
On March 3, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot; and,
PC AGENDA PAGE 36
Resolution No. 16 -2972
Downey Planning Commission
The Planning Commission held a duly noticed public hearing on March 16, 2016,
continued it to April 6, 2016, and after fully considering all oral and written
testimony, facts, and opinions offered at the aforesaid public hearing, the
Commission adopted this resolution on April 6, 2016.
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, 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 proposal to begin live entertainment in the outdoor patio at 4:00 p.m. will
adversely affect the general welfare of those working, residing, and visiting the
vicinity. A survey of the surrounding businesses indicated most are closed
between 5:00 p.m. and 6:00 p.m. Monday through Friday. Police Department
concerns that allowing live music to begin at 4:00 p.m. in the outdoor patio may
create a distraction to those operate during their normal business hours. In
addition, allowing live music to begin at 4:00 p.m. is not consistent with other
similar businesses in the Downtown Firestone Boulevard Gateway.
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 request to begin live entertainment in the outdoor patio at 4:00 p.m. area will
adversely affect the adjoining land uses because other businesses in the
immediate vicinity are still in operation. Allowing live music in the outdoor dining
area at 4:00 p.m. will create a nuisance to other businesses operating during
these hours. In addition, allowing live music to begin at 4:00 p.m. is not
consistent with other similar businesses in the Downtown Firestone Boulevard
corridor.
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 size and shape of the site is adequate to allow live music to begin at 4:00
p.m. in the outdoor dining area. However, the Commissioners feel that playing
music at 6:00 p.m. is appropriate for this location because most of the
surrounding businesses are still operating at 5:00 p.m. Monday through Friday.
There is a concern that allowing live music at 4:00 p.m. will impact neighboring
uses negatively.
PLN -15 -00240 — 8104 Firestone Blvd
Apirl 6, 2016 - Page 2
PC AGENDA PAGE 37
Resolution No. 16 -2972
Downey Planning Commission
D. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The applicant's request will not impose an undue burden upon streets and
highways in the area because the restaurant has been in operation for many
years. Also, the site is near the core area of Downtown Downey, with arterial
access being provided from Firestone Boulevard and /or Paramount Boulevard.
The City has reviewed the proposal and any potential increase in traffic caused
by operation of the business. The surrounding streets and highways in the area
have sufficient capacity to accommodate the minimal increase in traffic that the
business might generate.
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 denies PLN -15- 00240, subject to the
Conditions of Approval attached hereto as Conditions of Approval, 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 6th day of April 2016. f t
t4ati s Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the
6th day of April 2016,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Flores, Rodriguez,
None
Owens
Morales and Lujan
None
Mary Cavanagh, Secretary,
City Planning Commission
PLN -15 -00240 — 8104 Firestone Blvd
Apirl 6, 2016 - Page 3
PC AGENDA PAGE 38
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
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1
1
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2
0
2
1
1
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8
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S
I
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E
P
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CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
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----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
2
0
1
-
1
1
-
2
0
2
1
1
/
4
"
F
L
O
O
R
P
L
A
N
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
E
X
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4
0
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
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1
1
-
2
0
2
1
1
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A
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CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
E
X
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P
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G
E
4
1
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
4
0
1
-
1
1
-
2
0
2
1
1
/
4
"
F
L
O
O
R
P
L
A
N
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
NEW F
L
O
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P
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A
N
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3
1
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N
D
A
P
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G
E
4
2
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
5
0
1
-
1
1
-
2
0
2
1
1
/
4
"
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C
C
U
P
A
N
C
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CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
NEW F
L
O
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R
P
L
A
N
NORTH
1
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----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
6
0
1
-
1
1
-
2
0
2
1
1
/
4
"
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
N
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1
2
/
3
1
/
2
2
P
C
A
G
E
N
D
A
P
A
G
E
4
4
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
6
.
1
0
1
-
1
1
-
2
0
2
1
1
/
4
"
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
E
L
E
V
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E
R
R
O
A
D
P
C
A
G
E
N
D
A
P
A
G
E
4
5
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
7
0
1
-
1
1
-
2
0
2
1
1
/
4
"
L
A
N
D
S
C
A
P
I
N
G
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
NEW FLOOR PLAN NORTH
P
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NOTE :THIS ESTABLISHMENT BE EQUIPPED WITH AN AUTOMATICSPRINKLER SYSTEM.19. If required per Code, deferred fire alarm anddetection system plan submittal required for AssemblyGroup A-2 occupancy (restaurant Automatic fire alarmand detection system design, installation, andtesting shall be per NFPA 72 [CFC § 907; DMC 3318].20. install key boxesPublic Works41. All public utilities shall be installed underground.44. Remove and replace damaged, uneven orsub-standard curb, gulter, sidewalk, drivewayapproaches, and pavement to the satisfaction of thePublic Works Department.46. All unused driveway approaches shall be removed andconstructed with full-height curb gutter, and sidewalkto match existing improvements.49. Paint property address numbers (4" height) on thecurb face in front of the proposed development to theCity's satisfaction.Water & Sewer55. Connection of any new water service line(s) must beto the existing 8-inch main located on Myrtle Street.56. The owner/applicant shall retrofit any existingfire hydrant(s) within the property frontage inaccordance to latest Fire Department and Department ofPublic Works standards including but not limited tofurnishing and installation of a new riser, fire hydranthead, and associated fittings.57. The owner/applicant shall provide a fire sprinklersystem(s) in accordance with Fire Department andBuilding and Safety standards. Should such firesprinkler system(s) require the installation ofdedicated fire service lateral(s), such lateral(s) shallbe constructed in accordance with the latest Departmentof Public Works and Fire Department standards includingbackflow devices, fire department connections and otherappurtenances as required. New fire service lateral(s)shall be connected to existing 8-inch main located onMyrtle Street and shall be dedicated for fire serviceonly.58. The owner/applicant shall furnish and installirrigation, domestic, and fire water backflow devices inaccordance with City of Downey standards and as requiredby State and LA County Department of Public Health.Backflow devices shall be located on private property,readily accessible for emergency and inspectionpurposes, and screened from view by providing sufficientlandscaping.59. Backflow devices shall be certified in the field bya licensed LA County Department of Public Healthcertified tester prior to placing into service and suchcertification provided to City.
----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
8
0
1
-
1
1
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2
0
2
1
1
/
4
"
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S
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
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----
DESIGNER
MARLON ABURTO ARCHITECTURAL SCALE MODEL
ABURTO'S ENTERPRISES
DESIGN
RESIDENCIAL AND COMMERCIAL
DESIGN
RADIUS MAP
DRAWING
LANDSCAPING PLAN
PH : 213-725-3296
*
*
*
*
*
A
9
0
1
-
1
1
-
2
0
2
1
1
/
4
"
CONSTRUCTION SHALL CONFORM
THE DESIGNER. ALL
WORK. REPORT DISCREPANCIES
BEFORE PROCEEDING WITH THE
CHECK AND VERIFY ALL DIMENSIONS
TO THE C.B.C.
OF RECORD
OUT THE CONSENT OF THE DESIGNER
PLANS SHOULD NOT BE USED WITH
marlon.aburto@gmail.com
8104 Firestone Blvd, Downey, CA 90241
PHONE :
BUILDING REMODELING
12109 WOODRUFF AVE
DOWNEY, CA. 90241
N
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