HomeMy WebLinkAboutPC Reso 21-3131RESOLUTION NO. 3131
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, FAQADE
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 fagade 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.
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.
Resolution No. 21-3131
Downey Planning Commission
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 facade 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
PLN -19-00192 — 8100-8104 Firestone Blvd.
February 17`", 2021 — Page 2
Resolution No. 21-3131
Downey Planning Commission
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.
t"
Miguel iYuaee,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 Duarte, Spathopoulos, Ortiz, and Montoya
NOES: COMMISSIONERS None
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
Mary Cavanagh, Secreta
City Pl�ting Commission
PLN -19-00192 — 8100-8104 Firestone Blvd
February 17th, 2021 — Page 3
Resolution No. 21-3131
Downey Planning Commission
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 fagade 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
Mon!LaX TuesaK Wednesday Thursday Friday Saturday Sunda
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.
6 p.m. — 11 p.m.
6 p.m. — 1 a.m.
11 a.m. — 1 a.m.
Outside
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.
PLN -19-00192 — 8100-8104 Firestone Blvd
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Resolution No. 21-3131
Downey Planning Commission
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.
PLN -19-00192 — 8100-8104 Firestone Blvd
February 17`", 2021 — Page 5
Resolution No. 21-3131
Downey Planning Commission
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
PLN -19-00192 — 8100-8104 Firestone Blvd
February 17'x, 2021 — Page 6
Resolution No. 21-3131
Downey Planning Commission
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:
PLN -19-00192 — 8100-8104 Firestone Blvd.
February 17'h, 2021 — Page 7
Resolution No. 21-3131
Downey Planning Commission
• 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)AII 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)AII 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.
PLN -19-00192 — 8100-8104 Firestone Blvd
February 17'h. 2021 — Page 8
Resolution No. 21-3131
Downey Planning Commission
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)AII 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).
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February 17th, 2021 — Page 9
Resolution No. 21-3131
Downey Planning Commission
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)AII 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.
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Resolution No. 21-3131
Downey Planning Commission
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.
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Resolution No. 21-3131
Downey Planning Commission
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
PLN -19-00192 — 8100-8104 Firestone Blvd.
February 17`", 2021 — Page 12
Resolution No. 21-3131
Downey Planning Commission
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
Signature
(Owner or authorized agent of the owner)
Date
(Owner or authorized agent of the owner)
PLN -19-00192 — 8100-8104 Firestone Blvd.
February 17th, 2021 — Page 13