HomeMy WebLinkAbout1. PLN-22-00034DATE:
TO:
SUBMITTED BY
PREPARED BY:
AUGUST 3, 2022
PLANNING COMMISSION
CRYSTAL LANDAVAZO, INTERIM DIRECTOR OF COMMUNITY
DEVELOPMENT
GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-22-00034 — SITE PLAN REVIEW, CONDITIONAL USE PERMIT,
AND VARIANCE —FACADE IMPROVEMENTS, ADDITION, OUTDOOR
SEATING AREAS, LIVE ENTERTAINMENT IN THE FORM OF A DISC
JOCKEY AND KARAOKE, OFF -SITE PARKING AGREEMENT AND
VALET SERVICE, AN ARCHITECTURAL FEATURE TO EXCEED THE
MAXIMUM HEIGHT ALLOWED WITHIN THE FRONT STEPBACK, AND
RESCIND RESOLUTION NO. 15-2953.
LOCATION: 11040 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
The applicant requests approval of a Site Plan Review Application to remodel an
existing restaurant building, which includes fagade improvements, a 2,603 square foot
1 st floor addition with outdoor seating to the rear, and a 5,352 square foot, second -story
addition with an outdoor seating area. The request also includes a Conditional Use
Permit to allow live entertainment, in the form of a disc jockey and karaoke, in
conjunction with the existing restaurant and Department of Alcoholic Beverage Control
Type 47 license (On -Sale General - Eating Place). Lastly, the request includes a
Variance request to exceed the maximum height of a building within the required front
stepback to allow a 30-foot high glass elevator, that will become the focal architectural
element of the building. As a matter of clear record keeping, Resolution 15-2953 will be
rescinded as it reflects the operation of a prior restaurant that is not consistent with the
new restaurant operations and includes conditions that would not be reflective of the
current proposal. If approved, the proposed Resolution for PLN-22-00034 will
incorporate appropriate conditions for the new proposed use and expansion.
Based on the analysis contained in this report, staff recommends the Planning
Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING (PLN-22-00034), A SITE PLAN REVIEW,
THEREBY ALLOWING FACADE IMPROVEMENTS, SECOND STORY
PC Agenda Page 1
AND FIRST STORY ADDITIONS, AND FIRST AND SECOND FLOOR
OUTDOOR SEATING AREAS, A CONDITIONAL USE PERMIT TO
ALLOW LIVE ENTERTAINMENT IN THE FORM OF A DISC JOCKEY
AND KARAOKE, AND A VARIANCE TO ALLOW A GLASS ELEVATOR
TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT WITHIN THE
FRONT STEPACK, AND RESCIND RESOLUTION NO. 15-2953 (PLN-
22-00034), LOCATED AT 11040 DOWNEY AVENUE, ZONED
DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
BACKGROUND
The subject site measures 8,716 square feet and is located at the northeast corner of Downey
Avenue and 2nd Street. The site has a 67 ft. wide frontage on Downey Avenue and a 130ft. long
frontage on 2nd Street. The subject site is improved with a 5,085 square foot building, which
was originally used as a bank but was converted into a restaurant in 2015 through PC
Resolution No. 15-2953. The building occupies the front half of the site, while the rear consists
of an out -door seating area and on -site parking. The site has a General Plan Land Use
Designation of Mixed Use and is within the Downtown Downey Specific Plan (DDSP) —
Downtown Core District. The Specific Plan serves as the zoning regulations and standards for
all properties within the boundaries of the plan area. Commercial buildings, including
restaurants, retail, and offices, are located to the north, south east and west of the subject site,
and are zoned. In addition, a 50-unit housing development, known as The Downey View, is
located to the southeast of the subject site; it is also zoned DDSP.
On March 9, 2022, the applicant submitted the required land use entitlement applications for the
project as described above. This application was deemed incomplete due to incomplete
information on the project plans on April 7, 2022. The remaining information needed to
complete the application was submitted to the City on July 13, 2022. Accordingly, staff deemed
the application complete on July 19, 2022. Notice of the pending public hearing was published
in the Downey Patriot and mailed to all property owners within 500' of the subject site on July
21, 2022.
Corner View of Existing Ola Restaurant
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 2
PC Agenda Page 2
DISCUSSION
Site Imarovements
The proposal entails the remodel and expansion of the existing building, which will include a
2,603 square foot 1 st floor rear addition and a 5,352 square foot second story addition. The
addition will expand the existing restaurant and reorganize the floor plan. The first -floor
expansion will also include a trash enclosure area, a service elevator and three covered parking
spaces, of which one is ADA accessible. Parking will be accessed by way of the existing alley.
The front of the building will incorporate outdoor seating areas, on the first and second floor, the
first floor seating area was issued an encroachment permit from the Public Works Department in
2015 which it will continue to utilize. The building expansion will include a landscape planter
along the south property line to match the existing planter area.
Floor Plan
The first floor addition will result in a reception area and stairwell at the front of the restaurant,
along with a glass elevator at the southwest corner of the building. The existing kitchen area
will be removed and relocated within the new addition area to the rear. The restrooms will also
be relocated and located adjacent to one another along the north portion of the floor plan,
whereas the current woman's and men's restrooms were located in different sections of the
restaurant. The existing bar will be reconfigured to a rectilinear design. The first floor addition
will also include additional seating areas, a second stairwell to the second floor, as well as a
secondary service elevator, an electrical room, and a trash enclosure
The second floor will consist primarily of interior seating area, as well as an 853 square foot
outdoor seating area terrace fronting Downey Avenue. The outdoor seating area will be
separated from the indoor seating area by foldable doors. In addition, the second floor outdoor
seating area is located so that it will be blocked by the building and prevent noises associated
with the outdoor dining from emanating towards 2nd Street. Staff has added a condition of
approval that requires the foldable doors to remain closed during live entertainment to further
minimize the potential for noise impacts. The second floor will also include an additional
reception area, women's and men's restroom facilities, a bar, and a secondary kitchen to
provide quicker service to the second -floor dining area. The applicant has indicated that the
second floor will provide a different menu than the first floor, however dining areas will operate
as one restaurant.
FaQade Remodel
FrontMest Elevation on Downey Avenue
Side/South Elevation on 2nd Street
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 3
PC Agenda Page 3
The first -floor fagade will retain the existing brick siding and include orange railing around the
outdoor dining area. The proposed second floor, except for the glass elevator tower, will be set
back 27-feet from the front property line. Within that space, an 853 square foot outdoor seating
area is proposed. The second floor outdoor seating area will be surrounded by a glass panel
railing. The second floor will include a gray stucco finish, with foldable glass doors separating
interior dining area from the outdoor dining area. As with other projects that have included live
entertainment and foldable windows/doors, staff has added a condition of approval that requires
the foldable doors to remain closed during live entertainment. Highlighting the remodel/addition,
will be a proposed 30-foot elevator tower, which will become a focal architectural element of the
building, and will include glazing on all sides, with dark brown anodized framing. The south
fagade will retain the existing brick siding on the existing building and the addition will
incorporate gray wood siding and two new windows, that will match the existing windows on this
fagade, and gray columns. The second floor includes windows flanked by gray stucco columns.
Horizontal gray wood is proposed along the upper one-third of the windows, to match the
proposed wood siding on the first floor. The east fagade will include similar architectural
elements proposed for the south elevation, which includes a gray stucco finish, horizontal wood
siding, gray columns, and the rear service entry.
The Downtown Downey Specific Plan sets a maximum height for a building at 3-stories/45-feet.
The proposed building restaurant building measures 30-feet in height. However, the code also
requires that any portion of a building that exceeds 25-feet be setback at least 12-feet from the
front property line. The second story will be setback approximately 27-feet from the front
property line, except for the glass elevator tower and associated interior stairwell and landing,
which will be built at the front property line, at a height of 30-feet, five feet higher than permitted.
The General Plan seeks to promote the Downtown area as a destination point for entertainment,
dining, civic, and other activities. It is anticipated that the glass elevator will become a unique,
architectural feature of both the building and the Downtown area. The applicant is requesting a
Variance to allow the elevator to exceed the maximum height of 25 feet, within 12 feet of the
front property line. This requirement of the Specific Plan is intended to maintain a walkable
scale within the downtown core as 25 ft. is the typical height of two-story structures. The
requested Variance will remain consistent with the intent because the resulting structure will be
a two-story building. The Variance will allow the elevator the exceed the height by 5 feet in order
to allow clearance for mechanical equipment required at the top of the elevator tower along with
decorative screening so that it can serve as an architectural element to compliment the overall
building fagade improvements.
Parking
The DDSP allows for off -site parking subject to the approval of a CUP by the Planning
Commission. The applicant currently leases 28 parking spaces from Downey United Methodist
Church, which is carried over from the previous restaurant use approved in 2015. The applicant
proposes to continue utilizing these spaces through use of a valet system for guests. The Downey
Municipal Code allows for attendant/valet parking subject to the approval of a CUP by the Planning
Commission, and meeting the following requirements: 1) A parking space shall be permitted not
less than 8 ft. in width nor less than 15 ft. in depth; 2) a 24 ft. driveway aisle shall be required to
access 90-degree attendant/valet parking spaces; and 3) tandem parking may be permitted. The
proposed valet system will utilize the leased spaces at the United Methodist Church parking lot
which comply with the above stated parking requirements. A circulation plan has been included
with the proposed plans and a proposed a turn -around time of approximately 3 minutes to and from
the off -site parking lot and the subject site. The Valet Parking Route indicates that the pick-up/drop
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 4
PC Agenda Page 4
area will be located on north side of 2nd Street, just east of the Downey Avenue. Valets will drive
westbound on 2nd Street to New Avenue and will proceed to the Downey United Methodist Church
parking lot. Staff has reviewed the proposed valet circulation plan and found it to be satisfactory.
The total new parking required for the restaurant, after the additional square footage and
seating areas, will be 70 parking spaces. As noted, the applicant will provide 28 of these spaces
through the off -site parking agreement, 3 covered spaces will be provided on -site, leaving 39
outstanding parking spaces required. The applicant has agreed to enter into a Parking Waiver
Agreement with the City for those 39 parking spaces and will pay an annual fee for each of
those spaces.
Live Entertainment
The DDSP allows for live entertainment subject to approval of a CUP by the Planning
Commission. The restaurant currently operates with an ABC Type 47 license, which allows the
sale of alcohol for on -site consumption in conjunction with a restaurant. This type of ABC
license does not require Planning Commission review; however, the applicant also proposes to
provide live entertainment in form of a DJ and Karaoke, no dancing or live entertainment is
proposed. The applicant has indicated that this music is meant to provide a lively ambiance to
the restaurant. The applicant is not providing a fixed location for the proposed disc jockey, as
the equipment associated with the DJ is reduced to a laptop. The disc jockey can set up the
equipment anywhere in the restaurant; except in the outdoor seating areas. Additionally,
singing karaoke will not require a stage, as the microphone will be passed from individual to
individual at their respective tables. In order to reduce possible noise impacts, Staff has added
a condition of approval that prohibits the playing of any music or allowing karaoke singers within
the first and second floor outdoor seating areas, and the doors leading to the outdoor dining
area are to remain closed during live entertainment and karaoke. The applicant has indicated
that dancing will not be allowed, therefore staff has also added a condition of approval that
prohibits dancing.
The applicant originally proposed hours of operation for the restaurant to be Monday - Friday,
7:00 am to 2:00 am, Saturday - Sunday, 8:00 a.m. to 2:00 a.m. with live entertainment proposed
between 6:00 pm until 1:00 am, daily. However, staff recommends consistency with the hours of
operation applied to other businesses within the downtown area. The attached Resolution sets
the hours of operation as Sunday — Wednesday, 7:00 am to 12:00 am, and Thursday -
Saturday, 8:00 am to 2:00 am. Live entertainment will be permitted from 6:00 pm to 30 minutes
before closing daily. The Police Department reviewed and tentatively approved the proposed
security plan. The proposed security plan provides the following security staff schedule:
Sunday — Wednesday: 2 security guards from 6:00 p.m. to 12:00 a.m.
Thursday — Saturday: 5 security guards from 6:00 p.m. to 2:00 a.m.
The applicant proposed 58 security cameras installed throughout the restaurant and readily
accessible by the General Manager. The restaurant will operate per the security protocols
outlined in the proposed Downey Police Department approved security plan. The Police
Department has indicated that they would like to inspect the restaurant prior to a Certificate of
Occupancy to confirm that the proposed security plan is adequate for the proposed restaurant
expansion and live entertainment. This condition has been added to the proposed Resolution.
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 5
PC Agenda Page 5
DEVELOPMENT REVIEW COMMITTEE
On March 9, 2022, 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 requested that the applicant provide a Security Plan, which the
Department has tentatively approved, pending a final walk-through prior to the Certificate of
Occupancy. The Fire Department required an elevator design sufficient to accommodate
emergency medical transport equipment. The applicant has provided a secondary elevator that
complies with this requirement. The Building and Public Works Departments provided standard
conditions of approval. 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.
Pursuant to Municipal Code Section 9820, there are seven (7) findings that must be adopted
prior to approving a Site Plan review. The findings are as follows:
A. The site plan is consistent with the goals and policies embodied in the General
Plan and other applicable plans and policies adopted by the Council.
The proposed expansion of the existing restaurant in the Downtown Downey area is
consistent with the policies and programs established in the General Plan for the
Downtown Downey area, as stated below:
Policy 1.2.2.1. Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities.
Program 1.1.5.3. Promote Downtown Downey as a destination draw for
entertainment and dining uses.
Goal 2.5. Minimize the impacts from the lack of parking.
Goal 8.1. Promote quality design for new, expanded and remodeled construction
Policy 8.1.1. Promote architectural design of the highest quality.
The proposed first and second story expansion will continue to promote the downtown
area as a destination point for entertainment, dining, civic and other activities. The
proposed remodel and fagade improvements will contribute to the high -quality design in
the downtown core and continue to promote high quality architectural design throughout
the downtown. The proposed off -site vehicular circulation plans for off -site parking
associated with the proposed valet service, as well as the parking waiver agreement,
provide all required parking spaces required of the restaurant expansion.
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 6
PC Agenda Page 6
B. The proposed development is in accordance with the purposes and objectives of
this article and the zone in which the site is located.
The proposed restaurant expansion includes two outdoor dining areas, and maintenance
of an existing Alcoholic Beverage Control (ABC) Type 47 (On -Sale General, Eating
Place) license. The subject property is zoned Downtown Downey Specific Plan (DDSP)
— Downtown Core. The DDSP - Downtown Core is intended to create a vibrant,
pedestrian -oriented downtown with a mix of uses with unique walkable shopping, dining,
and living experience. The project is in accordance with the purposes and objectives of
the DDSP - Downtown Core because the proposed restaurant expansion complies with
the development standards of the DDSP — Downtown Core, is appropriate for the zoning
designation; the architectural design of the fapade remodel and additions to the building
will complement the existing building and area, as well as incorporate exterior building
materials that are commonly used for commercial construction and on the existing
building; and the expanded restaurant will create an attractive building and contribute to
the revitalization of the downtown area.
C. The proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City.
The additions to the existing restaurant will maintain some of the buildings key features,
such as the west fapade prominent overhang and the brick siding. The addition to the
building will incorporate complementary architectural features, such as gray stucco
finish, horizontal fiber cement siding, orange railing along the first floor outdoor seating
area to complement the orange window surrounds along the south elevation, and a
significant number of windows along the second floor, to match the glass elevator tower.
As such, the proposal, as conditioned, will integrate harmoniously and enhance the
character and design of the site and the immediate downtown neighborhood.
D. The site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets.
The proposed restaurant expansion increases the required parking to 70 spaces. The
proposed expansion will provide for three on -site parking spaces, of which one is ADA
accessible. The Applicant previously entered into a lease agreement with Downey
United Methodist Church for 28 off -site parking spaces, located at 10801 Downey
Avenue. The drop-off/pick-up will be provided at the corner of Downey Avenue and
Second Street, just east of Downey Avenue, using the valet service circulation plan. The
circulation plan has been reviewed and approved by the Public Works Department. Off -
site parking spaces are to be accessible by valet staff only. The Applicant will address
the remaining 39 outstanding parking spaces by entering into a Parking Waiver
Agreement with the City and pay the corresponding yearly fee.
As stated previously, the proposed expansion of the restaurant complies with the
development standards of the DDSP — Downtown Core. The first -floor outdoor seating
area will be enclosed by decorative, orange tubular railing, the placement of which will
be required to maintain ADA accessibility for all surrounding public right-of-way areas.
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 7
PC Agenda Page 7
The proposed fagade remodel will improve the aesthetics by incorporating quality
architectural materials to contribute to the enhancement of the Downtown Core.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of
facilities.
The proposed fagade improvement will add complementary architectural features, such
as prominent glazing, outdoor seating areas along the first and second floors, decorative
horizontal wood siding along the south and east elevations, and a unique glass elevator
tower at the southwest corner of the building. The proposed improvements do not mimic
other fagades in the area that could lead to monotony. The proposed improvements are
intended to complement and upgrade the architecture in the area.
F. The site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed addition and fagade improvements will improve the architectural
landscape of the Downtown Core by adding complementary architectural features, while
maintaining some of the prominent existing features, such as the decorative overhangs
along Downey Avenue and the existing brick siding along the west and south elevations.
The proposed glass elevator will create a focal architectural feature to the building. The
mix of materials to be incorporated into the new facades will create additional interest
and add a new focal element to the existing corner.
G. The proposed development's site plan and its design features will include graffiti -
resistant features and materials in accordance with the requirements of Section
4960 of Chapter 10 of Article IV of this Code.
Conditions have been included in the approval resolution for the proposed addition to
require graffiti resistant coating or similar features to prevent the creation of nuisances in
the Downtown area. This is a standard condition for all new development that the
proposed additions and fagade improvements will be required to comply with.
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. The
restaurant is located within an active downtown commercial area that contains similar
alcohol and live entertainment uses. Therefore, the project should not introduce a
nuisance related to public convenience or general welfare to any nearby persons
residing or working in the area. The recommended hours of operation will provide
consistency with other restaurants in the downtown area. 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
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 8
PC Agenda Page 8
Policy Y22.Y—Promote the downtown area oaadestination point/or
entertainment, dining, civic, and other activities.
Program 1.1. 5.2—Promote Downtown Downey asodestination draw for
entertainment and dining uses.
The proposed project promotes the above policy hvexpanding and potentiallyimproving
upon the already available restaurants with outdoor seating, and live entertainment
found within the Downtown area. The project iSCOOdUUUDedtOF8dUDgdl8pOSSib|8
impacts @SSUCi@L8d with the live entertainment use. This will not only continue to provide,
but will also expand, the type and amount of goods and services available to the nearby
community and general public.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development mfthe area imwhich it is proposed to be located;
The proposed conditional use permit will not adversely affect the adjoining land uses
since the proposed use conforms to the DDGP—Dcwntown Core development
standards and other uses inthe vicinity currently exist with similar uses. The proposed
scope ofwork includes mnexpansion ofthe existing restaurant, first and second floor
outdoor seating, a fagade remodel, off -site parking agreement, valet service, and live
entertainment in the form of a DJ and Karaoke. The proposed building expansion and
remodel will not create alterations that would restrict future permitted uses from
occupying the Site. Nor will this 8pp|iCGU0D prohibit an existing use |UC8t8d within the
nearby area from altering their operations or redeveloping their site. Therefore, the
request is not anticipated toadversely affect adjacent commercial buaineaauu, nor
hinder the oneo'u potential for future growth and development. Nevertheless, conditions
of approval have been incorporated to mitigate any potential iSSU8S related to the
approval Ofthis conditional use permit.
C. The size and shape mf the site proposed for the use is adequate to allow the full
development of the proposed use in ammanmer not detrimental bmthe particular
area;
The size and shape of the site is generally adequate to accommodate the first and
second story expansion of the existing restaurant. As proposed, the building expansion
complies with the development standards of the Downtown Downey Specific Plan, with
the exception Ofthe elevator tower, which iSaddressed inthe Variance findings.
|DlpPOV8OO8Ot of the site will allow for three on -site parking Sp8C8S' of which one is /\DA
accessible, thus the applicant has 8Dexisting off -site parking agreement with 8
surrounding property for 20 off -site parking spaces. In 8ddiUon, the applicant will be
required to enter into 8 Parking Waiver Agreement with the City for 30 parking spaces.
Approval of the project will address OD -Site and off -site parking, valet, and vehicular
circulation issues. The building expansion will include complementary architectural
features that will nnaot8 2 consistent modern design. Security guards are required as @
part of this approval to ensure adequate safeguards 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 in8manner not detrimental tnthe particular area.
Site Plan Review, Conditional Use Permit, Variance 'P|m�-00034
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
Occupancy for the site will increase due to the additional square footage associated with
the expansion of the restaurant and outdoor seating. While the additional seating area is
anticipated to generate additional traffic and is not anticipated to significantly impact the
existing roadway system. The proposal provides a delineated vehicular circulation plan for
valet services and off -site parking and valet services associated with the expansion of the
restaurant. 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.
Pursuant to Municipal Code Section 9826.08, there are six (6) findings that must be adopted
prior to approving the Variance. The findings are as follows:
A. That exceptional or extraordinary conditions or circumstances exist which are
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures, or buildings in the same vicinity and zone;
The site is currently improved with a restaurant use, which was built approximately
seven -feet from the front property line. The Downtown Downey Specific Plan (DDSP)
sets the maximum height of a storefront on Downey Avenue at 25-feet, and anything
above that height must be setback 12-feet from the front property line. This development
standard is intended to promote a walkable scale of buildings along Downey Avenue to
ensure that buildings of three or more stories have an additional distance from Downey
Avenue. The stepback requirement encourages walkable scales to buildings within the
Downtown Core. The addition and fagade improvements will meet this intent. The
remodel will include a second floor stepback, to generate this intended scaling. The
proposed glass elevator tower, and associated landing area exceeds the maximum
allowable height by 5-feet (30-feet), but only for the purposes of the glass elevator and
associated interior stairs and landing area. The glass elevator would provide a
prominent architectural feature that not only serves the restaurant, but the Downtown
area as a whole, which seeks to promote Program 1.1.5.3. - Promote Downtown
Downey as a destination draw for entertainment and dining uses, and Program 1.1.5.3.
Promote Downtown Downey as a destination draw for entertainment and dining uses.
The project will serve not only as a functional feature, but an architectural focal point in
the Downtown area. The subject site is located within a prominent corner of the
Downtown Core and a prominent architectural feature would further enhance a sense of
place within the Downtown Core.
B. That the literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article commonly enjoyed by other
properties in the same vicinity and zone in which the property is located;
The proposed deviation is for the installation of a functional element, that will also serve
as an architectural feature to benefit the Downtown area as a whole. The primary
building complies with the required step -back required by the Downtown Downey
Specific Plan, and only the glass elevator and associated interior stairwell and landing
exceed the maximum allowable height by 5-feet. The prominent glass elevator is a
decorative feature that should be located at the front of a building, where the building is
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 10
PC Agenda Page 10
only setback 7-feet from the front property line. The development standards is intended
to prevent building structures from locating three stories adjacent to the pedestrian
realm. The g|oon elevator will not increase the moea and bulk of structure along the
public right-of-way. In CODt[@S1, the elevator will add an @nChit8CtU[8| fg@tUn8 to enhance
the area. The @ddiLi0O@| five feet will allow for @ fUDC1iUD@| elevator element with
necessary mechanical and electrical appurtenances, as well as appropriate screening.
The strict adherence to the 25 ft. height maximum would deprive the applicant of the
ability to provide this functional focal feature as part of their C>ovvn1ovxn Core tayade
improvement.
C. That exceptional or extraordinary conditions or circumstances do not result from
the actions mfthe applicant;
The applicant iSproposing to adaptively reuse and remodel and existing structure within
the Downtown Core. They are working to find a balance between preserving the existing
character of the Downtown and modernizing the design to revitalize and enhance the
characteristics ufDowntown Downey. The applicant did not create the existing uondibon,
rather they are attempting tOfind resolutions within the existing building envelope Onthe
subject Site. The e|ev8tOr, by its nature, requires 2CCOmmOd@bOnS for the mechanical
equipment required for its basic functionality. The elevator will require five additional feet
in height to provide clearance for the required equipment and landing area. This is not 8
condition that the applicant created.
D. That granting the variance requested will not confer omthe applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in
the same vicinity and zone in which the property is located;
The g|GSS elevator will not only SHme 88 G functional S18nn8nt of the building, but also as
8 prominent architectural feature that can also serve as G draw tOthe Downtown area.
The site, as well as other properties OD Downey Avenue are 8||OVVHd 8 O-h]Ot setback at
the front property line. The D[)SP 8||OVVS buildings UptO25-he8[ in height 8tthe front
property line, and any portion that exceeds that height must beset back 8tleast 12-f8eL
ASthe building was constructed approximately 7-f881from the front property line, the 2^u
floor addition respects the St8pb8Ckrequirement, with the second -floor setback 27-f88L
from the front property line, with only the g|GSS elevator and @SGOCi@ted stairwell and
landing, exceeding the maximum height byonly 5-f8eLThe additional five feet allow for
fUD[tiOO8|itv of the elevator feature and appropriate SC[88OiDQ. This [D8iOt8iOS the intent
of the ODGP as the building itself will maintain the required Stepb8Ch which only the
architectural e|ement, the elevator, will minimally exceed the height requirement.
E. That the granting ofsuch variance will be in harmony and not adversely affect the
General Plan of the City; and
The subject site has General Plan Land Use designation of Mixed Use. The proposed
improvement of the site is consistent with the following General Plan Programs and
Policy 1.14—Provide an appropriateamount ofland use for people 8zacquire
goods and services;
Policy 1.2.2.1—Promote the downtown area a8adestination point for
entertainment, dining, civic, and other activities;
Site Plan Review, Conditional Use Permit, Variance 'P|w�-00034
Program 1.1.5.2, Promote Downtown Downey as a destination draw for
entertainment and dining uses.
The project is designed to comply with the development standards of the DDSP, and
while the glass elevator exceeds the maximum height limit allowed, the glass elevator is
tastefully designed and not only becomes a unique, architectural feature on the building,
but can become a catalyst to Downtown Downey becoming a destination point for
entertainment and dining activities. The overall addition and fagade improvements on the
subject site comply with the DDSP development standards and meet the goals of the
Downtown Core. The height deviation will not apply to the building structure, only the
elevator feature which has been designed to act as a focal feature so the building is still
in compliance with the goals of the DDSP.
F. That the reasons set forth in the application justify the granting of the variance
and that the variance is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
The proposed improvements all comply with the required development standards set
forth in the Downtown Downey Specific Plan, with the exception of the of the request to
deviate from the height maximum to allow a glass elevator and associated interior
stairwell and landing to exceed the maximum height allowed by 5-feet within the required
12-foot stepback. Allowing the minor deviation would make possible the reasonable use
of the land, existing building, or structure.
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 recommended that the Planning
Commission approve Permit (PLN-22-00034), thereby allowing the 7,955 square foot, two-story
expansion of the existing restaurant, two outdoor dining areas, live entertainment in the form of
a disc jockey and karaoke, and off -site parking agreement and valet service.
EXHIBITS
A. Maps
B. Draft Resolution
C. Resolution No. 15-2953
D. Project Plans
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 12
PC Agenda Page 12
EXHIBIT A
LOCATION MAP
AERIAL PHOTOGRAPH
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 13
PC Agenda Page 13
Site Plan Review, Conditional Use Permit, Variance - PLN-22-00034
August 3, 2022 - Page 14
PC Agenda Page 14
RESOLUTION NO. 22-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING (PLN-22-00034), A SITE PLAN REVIEW, THEREBY
ALLOWING FACADE IMPROVEMENTS, SECOND STORY AND FIRST STORY
ADDITIONS, AND FIRST AND SECOND FLOOR OUTDOOR SEATING AREAS,
A CONDITIONAL USE PERMIT TO ALLOW LIVE ENTERTAINMENT IN THE
FORM OF A DISC JOCKEY AND KARAOKE, AND A VARIANCE TO ALLOW A
GLASS ELEVATOR TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT
WITHIN THE FRONT STEPACK, AND RESCIND RESOLUTION NO. 15-2953
(PLN-22-00034), LOCATED AT 11040 DOWNEY AVENUE, ZONED
DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
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SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On November 18, 2015, the Planning Commission adopted Resolution No. 15-2953, to
convert an existing office building into a restaurant and lounge with an ABC Type 47
License (On -Sale General, Eating Place), with a new, 2,653 square foot roof -top
bar/lounge area, including live entertainment, an off-street parking agreement and valet
parking; and
B. On October 23, 2020, business ownership changed, and the restaurant was renamed
Ola Restobar, and
C. On March 9, 2022 an application was filed by Alejandro Ortiz, (hereinafter referred to as
"the Applicant"), requesting approval of a Conditional Use Permit, Site Plan Review, and
Variance (PLN-22-00034) for fagade improvements, an addition, outdoor seating areas,
live entertainment in the form of a DJ and Karaoke, an off -site parking agreement and
valet service, a Parking Waiver Agreement for 39 spaces, and a variance to deviate from
the maximum height requirement within the front stepback of a building, in conjunction
with an existing restaurant with an ABC Type 47 license (On -Sale General Eating Place)
located at 11002 Downey Avenue, and zoned DDSP (Downtown Downey Specific Plan);
and,
D. On April 7, 2022, the application was deemed incomplete due to incomplete information.
E. On July 12, 2022, the applicant submitted the remaining information and the application
was deemed complete on July 19, 2022; and,
F. On July 21, 2022, a notice of the pending public hearing was published in the Downey
Patriot and mailed to all property owners within 500 feet of the subject site; and,
G. On August 3, 2022, the Planning Commission held a duly noticed public hearing, and,
after fully considering all oral and written testimony and facts and opinions offered at
aforesaid public hearing, adopted this resolution.
PC Agenda Page 15
Resolution No. 22-
Downey Planning Commission
SECTION 2. The proposed Conditional Use Permit, Site Plan Review, and Variance
were reviewed for compliance with the California Environmental Quality Act (CEQA). Upon
completion of this review, the proposed remodel and land use were determined to be exempt
from CEQA pursuant to Section 15332 (Class 32, In -fill Development Projects), which have
been determined not to have a significant effect on the environment. A Class 32 exemption
consists of projects that involve infill development within urban areas, have a negligible
environmental impact, and can be adequately served by all public utilities and services.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
A. The site plan is consistent with the goals and policies embodied in the General Plan and
other applicable plans and policies adopted by the Council. The proposed expansion of
the existing restaurant in the Downtown Downey area is consistent with the policies and
programs established in the General Plan for the Downtown Downey area, as stated
below:
Policy 1.2.2.1. Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities.
Program 1.1.5.3. Promote Downtown Downey as a destination draw for
entertainment and dining uses.
Goal 2.5. Minimize the impacts from the lack of parking.
Goal 8.1. Promote quality design for new, expanded and remodeled construction
Policy 8.1.1. Promote architectural design of the highest quality.
The proposed first and second story expansion will continue to promote the downtown
area as a destination point for entertainment, dining, civic and other activities. The
proposed remodel and fagade improvements will contribute to the high -quality design in
the downtown core and continue to promote high quality architectural design throughout
the downtown. The proposed off -site vehicular circulation plans for off -site parking
associated with the proposed valet service, as well as the parking waiver agreement,
provide all required parking spaces required of the restaurant expansion.
B. The proposed development is in accordance with the purposes and objectives of this
article and the zone in which the site is located. The proposed restaurant expansion
includes two outdoor dining areas, and maintenance of an existing Alcoholic Beverage
Control (ABC) Type 47 (On -Sale General, Eating Place) license. The subject property is
zoned Downtown Downey Specific Plan (DDSP) — Downtown Core. The DDSP -
Downtown Core is intended to create a vibrant, pedestrian -oriented downtown with a mix
of uses with unique walkable shopping, dining, and living experience. The project is in
accordance with the purposes and objectives of the DDSP - Downtown Core because
the proposed restaurant expansion complies with the development standards of the
DDSP — Downtown Core, is appropriate for the zoning designation; the architectural
design of the fagade remodel and additions to the building will complement the existing
building and area, as well as incorporate exterior building materials that are commonly
used for commercial construction and on the existing building; and the expanded
restaurant will create an attractive building and contribute to the revitalization of the
downtown area.
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August 3, 2022 - Page 2
• • . 0 . • _ •
Resolution No. 22-
Downey Planning Commission
C. The proposed development's site plan and its design features, including architecture and
landscaping, will integrate harmoniously and enhance the character and design of the
site, the immediate neighborhood, and the surrounding areas of the City. The additions
to the existing restaurant will maintain some of the buildings key features, such as the
west fagade prominent overhang and the brick siding. The addition to the building will
incorporate complementary architectural features, such as gray stucco finish, horizontal
fiber cement siding, orange railing along the first floor outdoor seating area to
complement the orange window surrounds along the south elevation, and a significant
number of windows along the second floor, to match the glass elevator tower. As such,
the proposal, as conditioned, will integrate harmoniously and enhance the character and
design of the site and the immediate downtown neighborhood.
D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries,
and other site features indicate that proper consideration has been given to both the
functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effects of the development from the view of the public streets.
The proposed restaurant expansion increases the required parking to 70 spaces. The
proposed expansion will provide for three on -site parking spaces, of which one is ADA
accessible. The Applicant previously entered into a lease agreement with Downey
United Methodist Church for 28 off -site parking spaces, located at 10801 Downey
Avenue. The drop-off/pick-up will be provided at the corner of Downey Avenue and
Second Street, just east of Downey Avenue, using the valet service circulation plan. The
circulation plan has been reviewed and approved by the Public Works Department. Off -
site parking spaces are to be accessible by valet staff only. The Applicant will address
the remaining 39 outstanding parking spaces by entering into a Parking Waiver
Agreement with the City and pay the corresponding yearly fee.
As stated previously, the proposed expansion of the restaurant complies with the
development standards of the DDSP — Downtown Core. The first -floor outdoor seating
area will be enclosed by decorative, orange tubular railing, the placement of which will
be required to maintain ADA accessibility for all surrounding public right-of-way areas.
The proposed fagade remodel will improve the aesthetics by incorporating quality
architectural materials to contribute to the enhancement of the Downtown Core.
E. The proposed development will improve the community appearance by preventing
extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The proposed fagade improvement will add complementary architectural features, such
as prominent glazing, outdoor seating areas along the first and second floors, decorative
horizontal wood siding along the south and east elevations, and a unique glass elevator
tower at the southwest corner of the building. The proposed improvements do not mimic
other fagades in the area that could lead to monotony. The proposed improvements are
intended to complement and upgrade the architecture in the area.
F. The site plan and design considerations shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of conditions
affecting the public health, safety, comfort, and welfare. The proposed addition and
fagade improvements will improve the architectural landscape of the Downtown Core by
adding complementary architectural features, while maintaining some of the prominent
existing features, such as the decorative overhangs along Downey Avenue and the
existing brick siding along the west and south elevations. The proposed glass elevator
will create a focal architectural feature to the building. The mix of materials to be
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 3
PC Agenda Page 17
Resolution No. 22-
Downey Planning Commission
incorporated into the new facades will create additional interest and add a new focal
element to the existing corner.
G. The proposed development's site plan and its design features will include graffiti -
resistant features and materials in accordance with the requirements of Section 4960 of
Chapter 10 of Article IV of this Code. Conditions have been included in the approval
resolution for the proposed addition to require graffiti resistant coating or similar features
to prevent the creation of nuisances in the Downtown area. This is a standard condition
for all new development that the proposed additions and fagade improvements will be
required to comply with.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
A. The requested conditional use permit will not adversely affect the intent and purpose of
Article IX of the Downey Municipal Code or the City's General Plan or the public
convenience or general welfare of persons residing or working in the neighborhood
thereof. The subject site currently operates as a restaurant with live
entertainment. The restaurant is located within an active downtown commercial
area that contains similar alcohol and live entertainment uses. Therefore, the
project should not introduce a nuisance related to public convenience or general
welfare to any nearby persons residing or working in the area. The
recommended hours of operation will provide consistency with other restaurants
in the downtown area. 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
Policy 1.2.2.1 — Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities.
Program 1.1.5.2 — Promote Downtown Downey as a destination draw for
entertainment and dining uses.
The proposed project promotes the above policy by expanding and potentially
improving upon the already available restaurants with outdoor seating, and live
entertainment found within the Downtown area. The project is conditioned to
reduce the possible impacts associated with the live entertainment use. 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.
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Resolution No. 22-
Downey Planning Commission
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 conditional
use permit will not adversely affect the adjoining land uses since the proposed use
conforms to the DDSP — Downtown Core development standards and other uses in the
vicinity currently exist with similar uses. The proposed scope of work includes an
expansion of the existing restaurant, first and second floor outdoor seating, a fagade
remodel, off -site parking agreement, valet service, and live entertainment in the form of a
DJ and Karaoke. The proposed building expansion and remodel will 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 adjacent commercial businesses, nor hinder the area's potential for
future growth and development. Nevertheless, conditions of approval have been
incorporated to mitigate any potential issues related to the approval of this conditional
use permit.
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 generally adequate to accommodate the first and second
story expansion of the existing restaurant. As proposed, the building expansion complies
with the development standards of the Downtown Downey Specific Plan, with the
exception of the elevator tower, which is addressed in the Variance findings.
Improvement of the site will allow for three on -site parking spaces, of which one is ADA
accessible, thus the applicant has an existing off -site parking agreement with a
surrounding property for 28 off -site parking spaces. In addition, the applicant will be
required to enter into a Parking Waiver Agreement with the City for 39 parking spaces.
Approval of the project will address on -site and off -site parking, valet, and vehicular
circulation issues. The building expansion will include complementary architectural
features that will create a consistent modern design. Security guards are required as a
part of this approval to ensure adequate safeguards 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. Occupancy for the site will increase due to the
additional square footage associated with the expansion of the restaurant and
outdoor seating. While the additional seating area is anticipated to generate
additional traffic and is not anticipated to significantly impact the existing roadway
system. The proposal provides a delineated vehicular circulation plan for valet
services and off -site parking and valet services associated with the expansion of
the restaurant. 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 5 Having considered all of the oral and written evidence presented to it at said
public hearings regarding the Variance, the Planning Commission further finds, determines and
declares that:
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Resolution No. 22-
Downey Planning Commission
A. That exceptional or extraordinary conditions or circumstances exist which are peculiar to
the land, structure, or building involved and which are not generally applicable to other
lands, structures, or buildings in the same vicinity and zone. The site is currently
improved with a restaurant use, which was built approximately seven -feet from the front
property line. The Downtown Downey Specific Plan (DDSP) sets the maximum height of
a storefront on Downey Avenue at 25-feet, and anything above that height must be
setback 12-feet from the front property line. This development standard is intended to
promote a walkable scale of buildings along Downey Avenue to ensure that buildings of
three or more stories have an additional distance from Downey Avenue. The stepback
requirement encourages walkable scales to buildings within the Downtown Core. The
addition and fagade improvements will meet this intent. The remodel will include a
second floor stepback, to generate this intended scaling. The proposed glass elevator
tower, and associated landing area exceeds the maximum allowable height by 5-feet
(30-feet), but only for the purposes of the glass elevator and associated interior stairs
and landing area. The glass elevator would provide a prominent architectural feature
that not only serves the restaurant, but the Downtown area as a whole, which seeks to
promote Program 1.1.5.3. - Promote Downtown Downey as a destination draw for
entertainment and dining uses, and Program 1.1.5.3. Promote Downtown Downey as a
destination draw for entertainment and dining uses. The project will serve not only as a
functional feature, but an architectural focal point in the Downtown area. The subject site
is located within a prominent corner of the Downtown Core and a prominent architectural
feature would further enhance a sense of place within the Downtown Core.
B. That the literal interpretation of the provisions of this article would deprive the applicant
of rights under the terms of this article commonly enjoyed by other properties in the
same vicinity and zone in which the property is located. The proposed deviation is for the
installation of a functional element, that will also serve as an architectural feature to
benefit the Downtown area as a whole. The primary building complies with the required
step -back required by the Downtown Downey Specific Plan, and only the glass elevator
and associated interior stairwell and landing exceed the maximum allowable height by 5-
feet. The prominent glass elevator is a decorative feature that should be located at the
front of a building, where the building is only setback 7-feet from the front property line.
The development standards is intended to prevent building structures from locating three
stories adjacent to the pedestrian realm. The glass elevator will not increase the mass
and bulk of a structure along the public right-of-way. In contrast, the elevator will add an
architectural feature to enhance the area. The additional five feet will allow for a
functional elevator element with necessary mechanical and electrical appurtenances, as
well as appropriate screening. The strict adherence to the 25 ft. height maximum would
deprive the applicant of the ability to provide this functional focal feature as part of their
Downtown Core fagade improvement.
C. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. The applicant is proposing to adaptively reuse and remodel and
existing structure within the Downtown Core. They are working to find a balance
between preserving the existing character of the Downtown and modernizing the design
to revitalize and enhance the characteristics of Downtown Downey. The applicant did not
create the existing condition, rather they are attempting to find resolutions within the
existing building envelope on the subject site. The elevator, by its nature, requires
accommodations for the mechanical equipment required for its basic functionality. The
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PC Agenda Page 20
Resolution No. 22-
Downey Planning Commission
elevator will require five additional feet in height to provide clearance for the required
equipment and landing area. This is not a condition that the applicant created.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the same
vicinity and zone in which the property is located. The glass elevator will not only serve
as a functional element of the building, but also as a prominent architectural feature that
can also serve as a draw to the Downtown area. The site, as well as other properties on
Downey Avenue are allowed a 0-foot setback at the front property line. The DDSP
allows buildings up to 25-feet in height at the front property line, and any portion that
exceeds that height must be set back at least 12-feet. As the building was constructed
approximately 7-feet from the front property line, the 2nd floor addition respects the
stepback requirement, with the second -floor setback 27-feet from the front property line,
with only the glass elevator and associated stairwell and landing, exceeding the
maximum height by only 5-feet. The additional five feet allow for functionality of the
elevator feature and appropriate screening. This maintains the intent of the DDSP as the
building itself will maintain the required stepback which only the architectural element,
the elevator, will minimally exceed the height requirement.
E. That the granting of such variance will be in harmony and not adversely affect the
General Plan of the City. The subject site has General Plan Land Use designation of
Mixed Use. The proposed improvement of the site is consistent with the following
General Plan Programs and Policies:
Policy 1.1.4 — Provide an appropriate amount of land use for people to acquire
goods and services;
Policy 1.2.2.1 — Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities;
Program 1.1.5.2, Promote Downtown Downey as a destination draw for
entertainment and dining uses.
The project is designed to comply with the development standards of the DDSP, and
while the glass elevator exceeds the maximum height limit allowed, the glass elevator is
tastefully designed and not only becomes a unique, architectural feature on the building,
but can become a catalyst to Downtown Downey becoming a destination point for
entertainment and dining activities. The overall addition and fagade improvements on the
subject site comply with the DDSP development standards and meet the goals of the
Downtown Core. The height deviation will not apply to the building structure, only the
elevator feature which has been designed to act as a focal feature so the building is still
in compliance with the goals of the DDSP.
F. That the reasons set forth in the application justify the granting of the variance and that
the variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure. The proposed improvements all comply with the required
development standards set forth in the Downtown Downey Specific Plan, with the
exception of the of the request to deviate from the height maximum to allow a glass
elevator and associated interior stairwell and landing to exceed the maximum height
allowed by 5-feet within the required 12-foot stepback. Allowing the minor deviation
would make possible the reasonable use of the land, existing building, or structure.
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Resolution No. 22-
Downey Planning Commission
SECTION 6. Based upon the findings set forth in Sections 1 and 5 of this Resolution,
the Planning Commission of the City of Downey hereby approves the Conditional Use Permit,
Site Plan Review and Variance (PLN-22-00034), subject to conditions of approval attached
hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of
the community and enable the Planning Commission to make the findings set forth in the
previous sections. The conditions are fair and reasonable for the accomplishment of these
purposes.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 31 day of August, 2022.
Patrick Owens, 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 3rd day of August,
2022, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Linda ,
Deputy City Clerk
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Resolution No. 22-
Downey Planning Commission
SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN-22-00034)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Site Plan Review, Conditional Use Permit and Variance (PLN-22-00034)
allows fagade improvements, a 2,603 square foot first story addition, a 5,352 square foot
second story addition, two outdoor dining areas, live entertainment in the form of a DJ
and Karaoke, an off -site parking agreement and valet service, and an elevator tower and
associated interior stairwell and landing to exceed the maximum 25-foot height
maximum within the front stepback of the building, in conjunction with an existing
restaurant and an ABC Type 47 license (On Sale General — Eating place).
2) Approval of PLN-22-00034 shall not be construed to mean any waiver of applicable and
appropriate zoning regulations, or any Federal, State, County, and City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City of
Downey Municipal Code shall apply.
3) Resolution No. 15-2953 shall be rescinded in its entirety.
4) 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.
5) The subject site and restaurant operations shall remain in conformance with this
application and the approved set of plans.
6) 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.
7) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
8) 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.
9) 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.
10) 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,
11040 Downey Ave. — PLN-22-00034
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PC Agenda Page 23
Resolution No. 22-
Downey Planning Commission
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.
11) Prior to the submittal of plans into Building and Safety Plan Check or commencement of
business, whichever occurs first, the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
12) 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.
13) It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
with their responsibilities under State law.
14) The knowledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following topics and skills development:
a) State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours of legal operations and penalties for violations of these laws.
b) The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, or harm
themselves of innocent victims as a result of the excessive consumption of
alcoholic beverages.
c) Alcohol as a drug and its effects on the body and behavior, including the operation
of motor vehicles.
d) Methods for dealing with intoxicated customers and recognizing underage
customers.
15) The following organization has been identified by the State Department of Alcoholic
Beverage Control as providing training programs which comply with the above criteria;
a) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (916)
419-2500.
16) The permitted hours of operation shall be:
Sunday — Wednesday: 7:00 a.m. to 12:00 a.m.
Thursday — Saturday: 8:00 a.m. to 2:00 a.m.
17) Live entertainment hours of operation are permitted as follows:
Sunday —Wednesday: 6:00 p.m. — 11:30 p.m.
Thursday — Saturday: 6:00 p.m. — 1:30 p.m.
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 10
PC Agenda Page 24
Resolution No. 22-
Downey Planning Commission
18) This establishment is also allowed to operate from 8:00 a.m. to 2:00 a.m. and provide
live entertainment from 6:00 p.m. — 1:30 a.m. on the Sunday of a holiday weekend,
where the holiday is on a Monday. These holidays are limited to Martin L. King's
Birthday, Presidents' Day, Memorial Day, Labor Day, and Veteran's Day.
19) Live entertainment shall cease thirty (30) minutes prior to closing.
20) "Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing.
21) Customers shall not be within the business after the specified closing time.
22) The sale of alcoholic beverages for off the premises consumption shall be prohibited.
Consumption of alcoholic beverages shall be prohibited outside of the tenant space or
designated outdoor seating area when in use. There shall be appropriate posting of
signs both inside and outside the licensed premises indicating that drinking outside the
licensed premises is prohibited by law.
23) Food service shall be provided at all times alcohol is served.
24) Gross receipts for the establishment must reflect 50% of all sales is for food items.
25) All doors and windows shall be closed during live entertainment performances.
26) 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.
27) Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
28) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of live entertainment or night club activity at
any time.
29) Cover charge for the admission to the business shall not be permitted at any time.
30) There shall be no hosted events or other form of pay -per -view events at this location.
31) The subject property, and adjacent 20 feet beyond each edge of the establishment on
Downey Avenue and 2nd Street, must be maintained free of trash, litter, and debris at all
times.
32) 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.
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 11
PC Agenda Page 25
Resolution No. 22-
Downey Planning Commission
33) Any graffiti applied to the site shall be removed within 48 hours.
34) The owner/applicant shall not permit any loitering on the subject site.
35) All outdoor seating areas and encroachments into the public right-of-way must be in full
compliance with Public Works ADA accessibility standards. Outdoor seating area must
remain in compliance with active encroachment permit from the Department of Public
Works.
36) A copy of this Resolution shall be maintained on the premises at all times. A copy of the
Conditions of Approval and any Police Permit shall be prominently posted on the
premises at all times. The applicant shall make available said copies upon request by
any Police Officer or other City official charged with the enforcement of the City's laws,
ordinances, or regulations.
37) All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and shall require separate permits.
38) Landscaping along the south property line shall be automatically irrigated and match the
existing landscaping palette.
39) 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 agreement will be prepared by the City and must be signed and returned by
the applicant prior to issuance of building permits.
40) A minimum of two (2) parking/valet attendants shall be located on the premises during
business hours of the use on the subject site.
BUILDING DEPARTMENT
41) All construction shall comply with the most recent adopted City and State building codes:
a)
2019 California Building Code
b)
2019 California Electrical Code
c)
2019 California Mechanical Code
d)
2019 California Plumbing Code
e)
2019 California Fire Code
f)
2019 California Green Code
42) 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.
43) The Title Sheet of the plans shall include:
a) Occupancy Group
b) Occupant Load
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 12
Resolution No. 22-
Downey Planning Commission
c) Description of Use
d) Type of Construction
e) Height of Building
f) Floor area of building(s) and/or occupancy group(s)
44) School impact fees shall be paid prior to permit issuance.
45) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
46) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
47) 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.
48) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
49) 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.
50) Restaurants and commercial kitchens shall have a grease trap or interceptor sized as
required by the City of Downey's Public Works Department.
51) 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.
POLICE
52) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
53) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or City
Official for purposes of verifying compliance with any of the Conditions of Approval of
this approval, as well as with any Police Permit and approved Security Plan.
54) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises. Signs shall also include verbiage
prohibiting the possession and consumption of alcohol outside the premises.
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 13
PC Agenda Page 27
Resolution No. 22-
Downey Planning Commission
55) Signage on railing for outdoor seating area shall include a sign stating, "No alcohol
beyond this point".
56) The owner/applicant shall not permit any loitering in front of the business.
57) A copy of this Resolution and any Police permit shall be prominently posted on the
premises at all times. The applicant shall make available said copies upon request by
any Police Officer or other City official charged with the enforcement of the City's laws,
ordinances, or regulations.
58) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
59) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control ("ABC") to the applicant and any applicable
regulations of ABC.
60) The restaurant shall not charge patrons a cover charge at any time.
61) Upon the determination by the Chief of Police that the operation of the business requires
on -site security, the applicant shall submit and obtain approval of a security plan to the
Chief of Police. The number of security guards shall be determined by the Chief of
Police and may be increased or decreased as the Chief of Police determines is
necessary. The initial security plan shall be submitted to the Police Department within
fourteen (14) days of being requested. Should the Police Department request any
additional information or modifications, the business owner/permittee shall submit said
revisions within forty-eight (48) hours of notification.
62) Phone numbers and/or websites for alternative transportation services (taxis, Uber and
Lyft) shall be posted in a conspicuous location at all times in the area where alcohol is
served to customers.
63) The business shall have security video cameras operating during all hours that the
business is open. All cameras must record onto a videotape or similar recording device.
The recordings of the security video cameras shall be maintained for a minimum period
of 30 days, and the recordings must be made immediately available for any law
enforcement officer who is making the request as a result of official law enforcement
business. The video cameras shall be located at the gas pump and parking lot areas and
all areas of the cash register/cashier and where cash is stored. If the Chief of Police
determines that there is a necessity to have additional security cameras installed, the
manager/owner of the business must comply with the request within 7 days. The Chief of
Police can also require the position of the video cameras to be changed if it is
determined that the position of the camera does not meet security needs. The
manager/owner of the business must comply with the request within 7 days. The picture
quality of the video cameras and recording devices installed on the complex must meet
the approval of the Chief of Police.
64) The business shall be equipped with a panic/hold up alarm system. Employees shall
have access to panic button(s) that will notify an alarm monitoring company of a robbery
or other emergency at the location and who will in turn notify the Downey Police
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 14
Resolution No. 22-
Downey Planning Commission
Department of the emergency. The business manager/owner will obtain an alarm permit
from the Downey Police Department.
65) The business shall be equipped with an alarm system that covers break-ins and
robberies. The alarm must be monitored by an alarm monitoring company who will notify
the Downey Police of any break-ins or robberies. Employees must have access to a
hidden button that will trigger a silent alarm, notifying the alarm monitoring company that
a robbery is taking place. The manager/owner will obtain an alarm permit from the
Downey Police Department.
FIRE DEPARTMENT
The following comments pertain to a fire review of a limited design plan submittal. The
comments contained herein shall not be construed as complete or encompassing all fire -life
safety code requirements set forth in local, State, and/or National local codes.
66) Deferred automatic fire sprinkler plan submittal required. Automatic fire sprinkler system
design, installation, and testing shall be per NFPA 13D or 13R based on the building
construction type, height, fire separation, etc., including elevator hoistway, if required.
[CFC § 903.2; DMC 3317]
67) Project construction shall comply with requirements set forth in the CA Building Code for
egress calculation, exit pathways, and discharge.
68) Elevator design shall be sufficient to accommodate emergency medical transport
equipment. [DMC 3326] Elevator hoistway design and construction shall comply with
requirements set forth on the California Building Code.
PUBLIC WORKS DEPARTMENT
69) If applicable the owner/applicant shall install all new utilities underground.
70) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
71) The owner/applicant shall obtain permits from the Public Works Department for all
improvements within the public right of way at least two weeks prior to commencing
work. Contact Brian Aleman, Assistant Civil Engineer I, at (562) 904-7110 for
information.
72) All proposed improvements in the public right-of-way shall comply with the latest edition
of Standard Plans and Specifications for Public Works Construction, City of Downey
standards and the Americans with Disabilities Act (ADA).
73) The owner/applicant shall remove all Underground Service Alert (USA) temporary
pavement markings immediately following the completion of the work / Final permit
inspection.
74) The owner/applicant shall submit public improvement plan(s) of the outdoor dining area
remodel in the public right-of-way for review and approval by Public Works Department
prior to construction.
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 15
PC Agenda Page 29
Resolution No. 22-
Downey Planning Commission
75) The facility design must provide for refuse/recycle enclosure with roof cover (location,
size). Grease interceptor with sewer and water hook-ups.
76) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
77) Any utilities and/or above ground utility structures that are in conflict with the
development shall be relocated at the owner/applicant's expense. Owner/applicant shall
coordinate the relocation with the utility owner and proper Public Works permit will need
to be pulled.
78) 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.
79) If any hazardous material is encountered on the site, the owner/applicant shall secure an
ID number from the EPA.
80) The owner/applicant shall deploy Best Management Practices during and after
construction.
81) Paint property address numbers (4" height) on the curb face in front of the proposed
development to the City's satisfaction.
82) The owner/applicant shall obtain all necessary plan approvals and permits.
Utilities Division
83) The owner/applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans
and Specification for Public Works Construction and as modified by the City of Downey's
Standard Plans and Specifications.
84) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fires
Department and Building and Safety standards. Should such update to the fire sprinkler
system(s) require upgrade to the dedicated fire service lateral, such upgrade shall be
constructed by the owner/applicant's appropriate licensed contractor in accordance with
the latest Department of Public Works and Fire Department standards including
upgrades to existing back flow devices, fire department connections and other
appurtenances as required.
85) The owner/applicant shall upgrade and furnish domestic, and fire water backflow devices
in accordance with the City of Downey standards and as required by the State and LA
County Department of Public Health. Backflow devices shall be located on private
property, and screened from view by providing sufficient landscaping.
86) Any upgrade to the existing 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.
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 16
PC Agenda Page 30
Resolution No. 22-
Downey Planning Commission
87) The owner/applicant shall provide separate water improvement plan sets for review and
approval consisting of the following:
a) Potable Water Improvement Plans (all City -owned potable water and fire service
lateral improvements)
88) Final City approved potable water main improvement plans shall be submitted on mylars
and shall be signed and stamped by a State of California licensed civil engineer.
Improvement plans for potable main improvement shall be both plan and profile.
89) Obtain excavation permit from the Public Works Department for any utility 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.
90) If applicable, the owner/applicant is responsible for coordinating with and payment to the
City and County Sanitation District of Los Angeles County for all new sanitary sewer
connection and capacity charges.
91) Upon completion of public water and sewer improvements, owner/applicant shall submit
red -lined (record drawings) construction plans to City of Downey noting all changes to
the plan and profile of all water and sewer improvements installed. Such changes shall
be incorporated into a final record drawing mylar(s) 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).
0IIZ07;96107ki17k0 M i!
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 17
PC Agenda Page 31
Resolution No. 22-
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:
Signature
(Owner or authorized agent of the owner)
(Owner or authorized agent of the owner)
Date
11040 Downey Ave. — PLN-22-00034
August 3, 2022 - Page 18
PC Agenda Page 32
• • •
APPROVINGA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
00REVIEW AND CONDITIONAL
- TOCONVERT e FT. OFFICE BUILDING INTO
RESTAURANT • RESTAURANT & LOUNGE),• •
BEVERAGE• -• - • PLACE)
LICENSE, ADDING A NEW 2,653 SQ. FT ROOF -TOP BAR/LOUNGE AREA,is
• FT. FRONTOUTDOOR DINING AREA, . 914 SQ. FT. REAR OUTDOOR
DINING AREA. ADD + • • OFF -SITE
PARKING AND VALET PARKING PROPERTY • 040 DOWNEY
ZONEDDr- (DOWNTOWN SPECIFICDOWNTOWN CORE
• - Planning Commission of of Downey does herebyfind, determine
declare
A. On July 22, 2015 the Applicant submitted a Land Use Permit Application (PLN-
fi ' to facilitate the conversionof an existing 4,169 sq. ft. office building
into a restaurant• Restaurant & Lounge)• • general,
eating place) Alcohol Beverage Control (ABC) license, outdoor dining, off -site
parking, valet parking, and live entertainment all on property located at 11040
Downey Avenue.
B. PLN-1 5-00159 involves the Planning Commission's consideration and approval of
the following: 1) Site plan - to evaluate the • •••compliance-
City's development standards, and 2) a conditional use permit for outdoor dining
that encroaches into the public right-of-way, off -site parking, valet parking, and
live entertainment.
C. The subject property is zoned iiSP (Downtown Downey Specific•
Downtown Core i
E. On • •er 5, 2015 notice of - pending public hearing for 'LN-1 5-00159
was published - Downey Patriotand was mailed to all property owners
1 feet of - subjectsite,
PlanningFThe Commission held a duly noticed public h- • on • - • -
2015, and, after fully considering all oral and written testimony, facts, and
opinions offered - aforesaid public hearing, adopted Resolution No. •'
approving f1 •
SECTION 2. The Planning Commission further finds, determines and declares the
• - •. • • •s• -• • - •sil
•- - -• • •-- • t r
• • • • - - • • • . • -0 - • - I - • - - • • •
PC Agenda Page 33
Resolution No. 15-2953
Site Plan Review
A. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the
Council. Those goals and policies of the Downey General Plan (Vision 2025) are
addIressed as follows: Goal 2.5 of the Circulation Element is, "Address the
impacts from the lack of parking," while Policy 2.5.1 seeks to provide for adequate
parking to meet parking demands. The proposed site and circulation plans, in
addition to the submitted off -site parking agreement, provide all required parking
spaces for the subject site's conversion from an office to a restaurant use. Goal
8. 1 of the Design Element is to "Promote quality design for new, expanded and
remodeled construction" and Policy 8.1.1 seeks to promote architectural design of
the highest quality. The applicant proposes to continue the existing building's
architecture throughout the minor alterations to the building, which follows a clean
and straight edge form. Goal 9.1 of the General Plan is "Attract and retain
businesses" and Program 9.1.1.5 seeks to continue the revitalization of
commercial and industrial corridors. The proposed reuse of the existing office
building is attracting a new restaurant and continues the revitalization efforts of
the Downtown Downey area.
B. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. PLN-1 5-
00 159 proposes to convert an existing 4,169 sq. ft. office building (which includes
a 192 sq. ft. mezzanine), into a restaurant (Cielo Restaurant & Lounge), with an
Alcoholic Beverage Control (ABC) Type 47 (On -Sale General, Eating Place)
license. The proposed conversion also includes the addition of a new 2,653 sq. ft.
roof -top bar/lounge area, a 408 sq. ft. front outdoor dining area, and a 914 sq. ft.
rear outdoor dining area. The subject property is zoned Downtown Downey
Specific Plan (DDSP) — Downtown Core. The DDSP - Downtown Core is intended
to create a vibrant, pedestrian -oriented downtown with a mix of uses with unique
walkable shopping, dining, and living experience. The project PLN-15-00159
proposes is in accordance with the purposes and objectives of the DDSP -
Downtown Core for the following reasons: the proposed restaurant and lounge is
a use that is appropriate for the zoning designation; the architectural design of the
proposed minimal additions to the building will complement the existing building
and area, as well as incorporate exterior building materials that are commonly
used for commercial construction and on the existing building; and the proposed
restaurant and lounge will create an attractive building and contribute to the
revitalization of the downtown area.
C. That the proposed development's site plan and its design features,
including architecture and landscaping, will integrate harmoniously and
enhance the character and design of the site, the immediate neighborhood,
and the surrounding areas of the City. The building changes that PLN-1 5-
00159 proposes, follow the existing commercial architectural style. The project
proposes to continue the existing features of the existing building in the minor
additions to the restaurant. Yellow brick veneer and oatmeal -colored stucco, to
match existing materials, will be continued into the proposed roof -top screening,
bar/service and restroorn walls as demonstrated on the proposed west elevation
and roof elevations. The proposed open trellis patios are to be finished in the
same oatmeal (off-white) color and are to architecturally match the existing first
PLIV1 5-00159, 11040 Downey Avenue
November 18, 2115 - Page 2 PC Agenda Page 34
Resolution No. 15-2953
F. That the site plan and design considerations shall tend to upgrade property
in the immediate neighborhood and surrounding areas with an
accompanying betterment of conditions affecting the public health, safety,
comfort, and welfare. PLN-1 5-00159 proposes to upgrade the subject site by
repurposing an existing 4,169 sq. ft. office building, into a restaurant. This proposal
will improve property values in the vicinity, improve the streetscape of Downey
Avenue, and result in a structure that complies with current Building and Fire Code
regulations for structural integrity, and building and fire safety. It will result in an
attractive project and should become an impetus for neighboring commercial
property reuse and revitalization.
G. That the proposed development's site plan and its design features will
include graffiti -resistant features and materials in accordance with the
requirements of Section 4960 of Chapter 10 of Article IV of this Code. The
Conditions of Approval for PLN-15-00159 will include a condition stating that the
design features will incorporate graffiti resistant materials.
A. That the requested conditional use permit will not adversely affect the
purpose and intent of this chapter or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof. The requested conditional use permit for off -site
parking, valet parking, outdoor dining, and live entertainment will not adversely
affect the purpose and intent of the Downey Municipal Code, or the public
convenience or general welfare of persons residing or working in the
neighborhood nearby because the proposed use is compatible with the
development patterns in the area, it is an appropriate use of land in the DDSP —
Downtown Core zone, the existing size and shape of the subject property meet
the City's development standards for the DDSP area, the use satisfies the
parking requirements for a restaurant pursuant to the approval of this CUP, and it
provides appropriate circulation and vehicular access.
The subject site has a General Plan Land Use Designation of MU (Mixed Use),
which is being implemented by the DDSP — Downtown Core zone. The DDSP -
Downtown Core is intended to create a vibrant, pedestrian -oriented downtown
with a mix of uses with unique walkable shopping, dining, and living experience.
The project PLIN-1 5-00159 proposes is in accordance with the purposes and
objectives of the DDSP - Downtown Core for the following reasons: the proposed
restaurant and lounge is a use that is appropriate for the zoning designation; the
PLN-1 5-00159, 11040 Downey Avenue
November 18, 2015 - Page 4 PC Agenda Page 36
Resolution No. 15-2953
Downey Planning -Commission
B. That 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 conditional use will not adversely affect the adjoining
land uses since the proposed use conforms to its DDSP - Downtown Core
development standards and other uses in the vicinity currently exist with similar
uses. Nevertheless, conditions of approval have been incorporated to mitigate
any potential issues related to the approval of this conditional use permit.
C. That 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 subject property is generally
adequate to allow for the reuse of the existing office building into a restaurant and
lounge, because the project site exceeds the required minimum 2,500 square foot
lot size for a development in the DDSP area:
D. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area. The subject site is at the
southeast corner of Downey Avenue and Second Street. Staff has reviewed the
proposal and any potential increase in traffic caused by the proposed change of
use, and it is staff's opinion that the surrounding streets and highways in the area
have sufficient capacity to accommodate the increase in traffic that the use will
generate. Additionally, the proposal has taken into consideration and delineated a
circulation plan for off -site and valet parking associated with the development to
the satisfaction of City Staff. Nevertheless, conditions of approval have been
incorporated to mitigate any potential issues related to the approval of this
conditional use permit.
PLN45-00i59.i1O4ODowney Avenue
-T-
?I"- F.W IT: 0
'.".vmv
the Planning Commission to make the findings set forth in the previous sections. The conditions a
fair and reasonable for the accomplishment of these purposes.
cthr LWCJiifFman
City Planning Commission
I MEREBT CERTIFT 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 18th day of November
2015, by the following vote, to wit:
TAM, TROYS71 =-a
PLN-1 5-00159, 11040 Downey Avenue
November 18, 2015 - Page 6 PC Agenda Page 38
Resolution No. i5-2053
Downey Planning Commission
PLN-15-00159 (Site Plan Review and Conditional Use Permit)
PLANNING
1) This approval of PLN-15-00159 (Conditional Use Permit and Site Plan Review)
authorizes the conversion of an existing 4,169 sq. ft. office building (which includes a 1
sq. ft. mezzanine), into a restaurant (Cielo, Restaurant & Lounge), with an Alcoholic
Beverage Control (ABC) Type 47 (On -Sale General, Eating Place) license and the
addition of a new 2,653 sq. ft. roof -top bar/dining area, a 408 sq. ft. front outdoor seatiii
area, and a 914 sq. ft. rear outdoor seating area. Additionally this request is to allow liv
entertainment, off -site parking and valet parking on property located at 11040 Downey
Avenue. I
2) Approval of this PLN-11 5-00159 shall not be construed to mean any waiver of applicab
and appropriate zoning regulations, or any Federal, State, County, and City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City o
Downey Municipal Code shall apply. I
3) 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 samz
results as would strict compliance with said plans and conditions.
4) 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.
7) All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and Downey Municipal Code.
All roof -mounted mechanical equipment shall be screened from view. The working
drawings shall include a cross-section detail to illustrate that the height of the building
parapet is sufficient to screen all roof -mounted equipment from view.
PLN' 5-00159,11040 Downey Avenue
Resolution No. 15-2953
Downey Planning Commission
10) The Applicant shall incorporate anti -graffiti elements into the building design, such as
non -porous coatings on exterior wall surfaces, plant materials, and anti -graffiti film on
windows, subject to the approval of the City Planner.
11) All developments in excess of $500,000 valuation that involve the construction or
reconstruction of light industrial, commercial or residential buildings (over 4 units) shall
be subject to the Public Arts Program. The Applicant shall either install public art on their
property or pay a cash payment equal to the public arts fee in accordance with the City of
Downey Manual for Arts in Public Places.
12) Landscape areas shall be maintained permanently, which includes proper watering,
pruning, mowing, weed abatement, removal of litter, fertilizing, and replacement of plants
and other materials when necessary.
13) A parking agreement shall be completed for the use of 28 parking spaces for off -site and
valet parking purposes, with the property located at 10801 Downey Avenue
Downey United Methodist Church, AIN: 6254-013-009). A copy of the agreement shall be
provided to the City Planner prior to final occupancy issuance of the subject site.
14) The Applicant shall comply with Downey Municipal Code Section 9314.06 by enclosing
outdoor eating areas with a decorative masonry wall or decorative ornamental wrought -
iron fence, of not less than forty-two inches (42") in height.
15) A minimum of two (2) parking/valet attendant shall be located on the premises during
business hours of the use on the subject site.
16) A minimum of two (2) parking/valet attendants shall remain on duty at the subject site
until all those building visitors that have tandem parked cars shall have returned to pick
up said cars.
17) A total of 13 tandem parking spaces, with minimum measurements of 8 ft. wide by 16 ft.
deep/long shall be maintained at all times on the subject site, as shown on the approved
site plan.
18) Live entertainment is limited to the following:
a) Live musical performances (amplified and acoustic); limited to up to seven (7)
piece bands/group
b) Disc jockey
C) A maximum of one dance floor per floor is allowed, not to exceed the following
areas and locations:
i) The first floor dance floor is not to exceed a 15 ft. by 15 ft. area within the
center of the restaurant, as shown on the approved site plan.
ii) The second floor dance floor is not to exceed a 15 ft. by 15 ft. area within
the center of the rooftop bar/dining area, as shown on the approved site
plan.
19) Designated band/disc jockey areas on both the first and second floor of the subject site,
are to be located to the westerly side of the building, as shown on the approved site plan.
Said designated areas shall not exceed a 10 ft. by 10 ft. area.
PLN-15-00159,11040 Downey Avenue
November 18, 2015 - Page 8 PC Agenda Page 40
Resolution No. 15-2953
20) All amplified sound on the second floor of the subject site, shall face west, towarci
Downey Avenue.
21) All lighting at the subject site, shall face west, towards Downey Avenue and shall adhere
to DIVIC Section 9520.06 — Outdoor Lighting.
24) New landscape at the proposed east fence/wall, shall be planted with Macfadyena
25) The proposed faux window on the west elevation, shall match the new windows on both
the west and south elevations in color, material, and architectural style.
26) The outdoor dining area that encroaches into the public right-of-way, must adhere
ADA requirements per 2013 California Building Code (CBC). i
30) The facility must provide for recycling facilities, i.e., storage and handling areas for
recycling facilities. Trash enclosure shall include floor drain connection to grease
interceptor and water hose bib connection for maintenance.
31) Complete a construction & demolition (C&D) waste management plan per Article V,
Chapter 8 of the Downey Municipal Code (DIVIC).
32) Provide appropriate onsite pedestrian landing for stairwell located at main entrance to the
restaurant off Downey Avenue. City sidewalk shall not be used for public landing.
33) The owner/applicant hereby consents to the annexation of the property into the Downe
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 Co
of the State of Califortia.
35) Submit public improvement plan(s) for review and approval by the Public Works
PLW'15-0015l11O4DDowney Avenue
Resolution No. 15-2953
36) Within 12 morAhs of the approval of this aulication, PLN-1 5-00159, the ownerlapplicant
shall restorolhe existing trees along the 2" Street frontage to a healthy condition',
otherwise, said trees shall be removed and replaced with trees of the same species with
a minimum 48-inch box size.
37) Remove existing parkway trees along the 2 nd Street frontage . and replace. Contact Publi#
Works Maintenance Division at (562) 904-7192 for the quantity, location and species of
all street parkway trees to be planted along the site frontage. Street trees shall be a
minimum of 36" (inch) box.
38) Obtain permits from Public Works Department for all public improvements within the
public right of way.
39) All unused driveways shall be removed and reconstructed with full -height curb, gutter,
and sidewalk.
,Q) Construct onsite pavement, consisting of a minimum section of 4" thick aggregate base,
and a minimum 2-1/2" thick asphalt concrete pavement.
4 1) Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance
1142 of the DMC; and the Low Impact Development (LID). 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).
42) Remove all construction graffiti created as part of this project within the public right of
way in a timely manner.
43) The existing circulation and parking conditions within the parking lot east of Downey
Avenue between 2nd and 3rd Streets shall be maintained.
44) In the event the city -owned parking lot east of Downey Avenue between 2nd and 3rd
Streets is sold, leased, or vacated in the future, the applicant shall provide an alternate
access on 2nd Street in lieu of the proposed access from the parking lot.
�14111_*'_11911911 I L Nile 0 Z 0 0 0 be
46) The owner/applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans
and Specification for Public Works Construction and as modified by the City of Downey's
Standard Plans and Specifications.
�7) The owner/applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box.
48) The owner/applicant shall furnish and install a (min. 1 -inch) dedicated water service line,
meter, and meter box for the landscaping irrigation system.
PLN-1 5-00159, 11040 Downey Avenue
November 18, 2015 - Page 10 PC Agenda Page 42
Resolution No. 15-2953
Downey Planning Commission
49) The owner/applicant shall furnish and install backflow device(s) in accordance with thz
Department of Public Works and the State and County Department of Health Services
50) The owner/applicant shall confirm availability of adequate fire flow and pressure ir
accordance with the Department of Public Works and Downey Fire Department
51) The owner/applicant shall furnish and install the public potable water improvements,
including extension and/or replacement of existing mains and associated facilities,
necessary to provide adequate fire flow and pressure to the site.
52) The owner/applicant may furnish and install fire hydrant(s) and dedicated fire protection
lateral(s) including backflow devices, fire department connections and other
appurtenances as required by the Department of Public Works and the Downey Fire
Department. Such improvements may include removal and/or replacement of existing fi
hydrants, laterals, backflow devices, and associated facilities with new facilities to curre
Downey standards and materials. Backflow devices, fire department connections, and
associated appurtenances are to be located on private property and shall be readily
accessible for emergency and inspection purposes. Backflow devices shall be screene
from street view by providing sufficient landscaping to hide it. I
53) The owner/applicant shall provide and record utility easement(s) for access to, ara
inspection and maintenance of, public water lines, meters and appurtenances, a
54) The owner/applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County (CSDLAC).
55) The owner/applicant shall furnish and install the public sanitary sewer improvements,
including extension and/or replacement of existing mains and associated facilities,
necessary to provide adequate capacity for the site as approved by the Department of
Public Works and CSDLAC.
56) The owner/applicant is responsible for coordinating with and payment(s) to the City and
CSDLAC for all sanitary sewer connection and capacity charges.
58) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD — latest edition) files in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California. Final approval of new utilities shall be
dependent upon submittal and approval of record drawing mylars and scanned,
uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City's GIS
59) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the building permit.
PLN'15'0U15Q.1iO4DDowney Avenue
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60) The owner/applicant shall install fire sprinklers per 2013 California Fire Code (CFC),
Section 903 and Downey Municipal Code 3318.
61) The owner/applicant shall install a fire alarm system per 2013 CFC, Section 907 and DUTl
3316. 1
62) The owner/applicant shall install a fixed extinguishing system for all cooking areas that may
create grease laden vapors per 2013 CFC, Section 904.
MEDIC'S
�4 a i i F1 i1WM sizi ir-WINGM04 MW-MM
64) The owner/applicant shall provide information on any CO2 beverage systems that will
installed prior to final occupancy issuance of the subject site.
65) Pursuant to Article V1, Chapters 4 and 5 of the Downey Municipal Code, the
owner/applicant shall obtain an "entertainment permit" from the Downey Police Chief
prior to providing any entertainment at the subject property/premises, and shall adhere to
all conditions imposed thereon. The conditions of the owner/applicant's entertainment
permit shall constitute conditions of this conditional use permit.
66) The owner/applicant shall submit to and obtain approval from the Downey Police Chief of
"Security & Operations Plan" prior to commencing any business activities at the subje
property/premises, and shall adhere to all conditions imposed thereon. The "security pla
shall address, at a minimum, the following: I
a) Number of security guards to be provided, and times when security will be present;
b) Location where security guards will be stationed;
C) Location of queue and procedures for managing queues;
d) Procedures for verifying age of patrons for purposes of alcohol sales;
e) Procedures for identifying and handling obviously intoxicated persons;
f) Procedures for handling patrons involved in fighting, arguing, or loitering about the
building and/or in the immediate adjacent area that is owned, leased, rented, or
under the care or control of the owner/applicant; and
g) Any other such information as deemed necessary by the Chief of Police to safeguard
the property, life, health, safety, and welfare of the employees and patrons of the
business establishment and of the general public.
,W) The conditions of the owner/applicant's approved security plan shall constitute conditions
this conditional use permit. i
68) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises.
69) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the California Department of Alcohol and Beverage Control (ABC) to the
applicant and any applicable regulations of ABC.
PLN-1 5-00159, 11040 Downey Avenue
November 18, 2015 - Page 12 PC Agenda Page 44
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PC Agenda Page 45
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1 2 3 3 2 1 7 5 8 9
OWNER
AUEY ORTIZ
11040 DOWNEY AVE
DOWNEY CA 90241
CONTACT
LUIS NIEBLA
626 705 8668
luis4pvt@gmall.com
PROJECT
COMMERCIAL
REMODELING AND ADDITION
11040 DOWNEY AVE
DOWNEY CA 90241
ISSUES
------- . .. .........
------------
SHEET NUMBER
A02
PC A_qenda Page 47
DECK ADDITION
EXISTING
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ADDITION
SECOND FLOOR
FIRST FLOOR
DIAGRAM
NO SCALE
51352 SF
47001 SF
2,603 SF
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FROM FRONT PROP.
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ADDITION
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DEMO
TOTAL
FIRST STORY
4,001 SF
2,603 SF
6,604 SF
SECOND STORY
1,084 SF
5,352 SF
154 SF
6,282 SF
TOTAL
12,886 SF
F.A.R.
1.48
NUMBER OF STORIES
2
DIAGRAMBUILDING HEIGHT
SEE BELOW
PARKING
AREAS FOR PARKING TABULATION
INTERIOR
EXTERIOR
DINING AREAS
TOTAL
FIRST FLOOR
6,604 SF
268 SF
6,872 SF
SECOND FLOOR
6,282 SF
853 SF
7,135 SF
14,007 SF
PARKING REQUIRED @ 1 SPACE / 200 SF: 70 PARKING SPACES
PARKING PROVIDED ONSITE 3 PARKING SPACES
PARKING PROVIDED OFFSITE : 67 PARKING SPACES
BUILDING HEIGHT DIAGRAM
. . •
ASSESSOR'S PARCEL NO. 6254-019-027
BOUNDARY DESCRIPTION MR 60-40d
SEE DOC 1793344861223 FOR LOT 4, BLOCK 15
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ADDITION TO SECOND STORY
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manuel@funesarchitecture.com
1 2 3 3 2 1 7 5 8 9
ALEX ORTIZ
11040 DOWNEY AVE
DOWNEY CA 90241
CONTACT
LUIS NIEBLA
626 705 8668
luis4pvt@gmail.com
PROJECT
COMMERCIAL
REMODELING AND ADDITION
11040 DOWNEY AVE
DOWNEY CA 90241
ISSUES
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manuel@funesarchitecture.com
1 2 3 3 2 1 7 5 8 9
DOWNEY CA 90241
CONTACT
LUIS NIEBLA
626 705 8668
luis4pvt@gmail.com
PROJECT
COMMERCIAL
REMODELING AND ADDITION
11040 DOWNEY AVE
DOWNEY CA 90241
SHEET
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manuel@funesarchitecture.com
1 2 3 3 2 1 7 5 8 9
DOWNEY CA 90241
CONTACT
LUIS NIEBLA
626 705 8668
luis4pvt@gmail.com
PROJECT
COMMERCIAL
REMODELING AND ADDITION
11040 DOWNEY AVE
DOWNEY CA 90241
ISSUES
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1 2 3 3 2 1 7 5 8 9
DOWNEY CA 90241
CONTACT
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626 705 8668
luis4pvt@gmail.com
PROJECT
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LEGAL DESCRIPTION
PARCEL I
THAT PORTION OF LOT 4 IN BLOCK 15 OF THE TRACT OF THE
DOWNEY LAND ASSOCIATION IN RANCHO SANTA GERTRUDES, IN THE
CITY OF DOWNEY, COUNTY OF LOPS ANGELES, STATE OF CALIFORNIA,
AS PER RECORDED IN BOOK 60, PAGE 40 OF MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 4,
DISTANT NORTHEASTERLY 35 FEET FROM THE MOST WESTERLY CORNER
OF SAID LOT 4, THENCE ALONG SAID NORTHWESTERLY LINE,
NORTHEASTERLY 32.19 FEET; THENCE SOUTHEASTERLY 145 FEET TO A
POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 4, DISTANT
NORTHEASTERLY 66.67 FEET FROM THE MOST SOUTHERLY CORNER OF
SAID LOT 4; THENCE ALONG SAID SOUTHEASTERLY LINE
SOUTHWESTERLY 31.67 FEET; THENCE NORTHWESTERLY 145 FEET TO
THE POINT OF BEGINNING.
PARCEL 2
THAT SOUTHERLY 35 FEET OF LOT 4 OF THE SUBDIVISION OF BLOCK
15 OF TRACT OF THE DOWNEY LAND ASSOCIATION, IN THE CITY OF
DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 60, PAGE 40 PF MISCELLANEOUS RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
REVISIONS:
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DATE:
NOV. 1 6, 202 1
SCALE:
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PC Agenda Page 53