HomeMy WebLinkAboutPC Full Agenda 12-7-22PLANNING COMMISSION AGENDA
DECEMBER 7, 2022
REGULAR MEETING – 6:30 PM COUNCIL CHAMBERS
11111 BROOKSHIRE AVE., DOWNEY, CA
I. CALL TO ORDER: A REGULAR PLANNING COMMISSION MEETING - 6:30 P.M.
II. FLAG SALUTE
III. ROLL CALL: Commissioners Uva, Ortiz, Duarte, and Chair Owens
IV. PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS:
V. PRESENTATIONS:
VI. REPORT ON CITY COUNCIL ACTIONS:
VII. PUBLIC HEARINGS: RECOMMENDED ACTION
1. PLN-22-00155 (Code Amendment) Continue
Location: Citywide – Residential Zones
Request: A Code Text Amendment to Article 9 regulating Accessory Dwelling Units
CEQA: Not subject to CEQA pursuant to Pubic Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h)
Staff: Assistant Planner Abraham Luna
Contact: aluna@downeyca.org 562-904-7154
RECOMMENDED ACTION
2. PLN-22-00133 (Conditional Use Permit) Approve
Location: 7860 Florence Avenue
Request: A Conditional Use Permit request to allow on-site consumption for General Liquor (Type 47) license. CEQA: Categorical Exemption – Section 15301 (Class 1, Existing Facilities)
Staff: Assistant Planner Abraham Luna
Contact: aluna@downeyca.org 562-904-7154
PLANNING COMMISSION AGENDA
DECEMBER 7, 2022
VIII. NON-AGENDA/CONSENT CALENDAR/OTHER BUSINESS PUBLIC COMMENTS: This portion of the agenda provides an opportunity for the public to address the Planning Commission on non-agenda, consent and other business items within the jurisdiction of the Planning Commission and not listed on the agenda. It is requested, but not required, that you state your name, address and subject matter upon which you wish to speak. Please limit your comments for non-agenda items to no more than four (4) minutes. Pursuant to the Brown Act, no discussion or action, other than a brief response, referral to the City Planning staff or schedule for a subsequent agenda, shall be taken by the Planning Commission on any issue brought forth under this section. IX. CONSENT CALENDAR ITEMS: Items in this section will be voted on in one motion unless a Commissioner requests separate actions. Further, any Consent Calendar items removed from the
agenda will be considered by the Commission following the public hearing items.
X. OTHER BUSINESS:
XI. STAFF MEMBER COMMENTS: XII. ADJOURNMENT: To Wednesday, December 21, 2022 at 6:30 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. 90241.
Supporting documents are available at: www.downeyca.org; City Hall-City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m. Video streaming of the meeting is available on the City’s website. In compliance with the Americans with Disabilities Act (ADA), if special assistance is needed to participate in this meeting, complete the City’s Title II ADA Reasonable Accommodation Form located on the City’s website and at City Hall - City Clerk’s Department, 11111 Brookshire Avenue, Monday
– Friday, 7:30 a.m. – 5:30 p.m., and submit to the City Clerk’s Department or contact (562) 904-7280 or TTY 7-1-1, 48 business hours prior to the Planning Commission meeting. The City of Downey prohibits discrimination on the basis of disability in any of its program and services. For questions, concerns, complaints, or for additional information regarding the ADA, contact the City’s ADA/Section 504 Coordinator at ADACoordinator@downeyca.org; Phone: (562) 299-6619; or TTY at 7-1-1. In compliance with Title VI of the Civil Rights Act, the City of Downey prohibits discrimination of any person in any of its program and services. If written language translation of City agendas or minutes, or for oral language interpretation at a City meeting is needed, contact (562) 299-6619, 48 business hours prior to the meeting.
NOTICE: SECTION 9806 – APPEALS
Any person aggrieved or affected by any final determinations of the Commission concerning an application for action of an administrative nature, including a variance or a permit, or any condition or requirement thereon, or upon the failure of the Commission to make its findings and determinations within thirty (30) days after the closure of the
hearing thereon, no later than fifteen (15) calendar days, (Exception: subdivisions. no later than ten (10) calendar
days) after the date of the decision or of the Commission’s failure to make a determination, may file with the City
Planner a written notice of appeal there from to the Council. Such appeal shall set forth specifically wherein it is
claimed the Commission’s findings were in error, and wherein the decision of the Commission is not supported by
the evidence in the matter, and wherein the public necessity, convenience, and welfare require the Commission’s decision to be reversed or modified
PLANNING COMMISSION AGENDA
DECEMBER 7, 2022
En cumplimiento con el Título VI de la Ley de Derechos Civiles, la Ciudad de Downey prohíbe la discriminación de cualquier persona en todos sus programas y servicios. En caso de necesitar una traducción escrita de los órdenes del día o las actas de las reuniones de la ciudad, o para solicitar un intérprete oral para una reunion de la ciudad, comuníquese con el (562) 299-6619 en el horario de atención comercial, 48 horas antes de la reunión.
I Art Bashmakian, Interim City Planner, City of Downey, do hereby certify, under penalty of perjury under the laws of the State of California that the foregoing notice was posted pursuant to Government Code Section 54950 Et. Seq. and City of Downey Ordinance at the following locations: Downey City Hall, Downey City Library, and Barbara J. Riley Senior Center.
Dated this 1st day of December, 2022 Art Bashmakian
Art Bashmakian Interim City Planner
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Commercial). The site is accessible from one street frontage along Florence Avenue with majority of its parking to the rear of the site. The properties directly to the north have a zoning designation of C-2 (General Commercial) with similar uses such as restaurants, food fast
service, and a variety of professional office uses and properties to the south are zoned R-1 (single family residential). The properties to the west and east are zoned C-1 (Neighborhood Commercial) with multiple small businesses. Previously, Marie Callenders had been in
operation since November 1979, until sometime before December, 2019 and has been vacant until December 02, 2021 when the new business (Verdugo Steakhouse) pulled permits for their tenant improvements.
North view of subject property along Florence Avenue (Formerly “Marie Callenders”)
On September 26, 2022, the applicant submitted an application for a Conditional Use Permit
requesting to upgrade their existing (Type 41 ABC License) on-site sale of beer and wine to the on-site consumption of general liquor (Type 47 ABC License) at an eating establishment which will allow the added sale of distilled spirits. Currently the tenant space is finalizing their tenant
improvements and is due to open at the end of December. Staff deemed the application incomplete on October 26, 2022. Subsequently, after submittal of revised plans and additional information, staff deemed the application complete for further processing on November 04, 2022.
The notice of pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on November 21, 2022.
DISCUSSION
Currently, the restaurant is permitted by a previous entitlement to serve beer and wine on-site with food sales. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). The subject site is improved with a single-tenant commercial building with an approximate 5,124 square feet of floor area. The subject site is approximately
73,600 square feet in size and is improved with 45 parking spaces including two ADA compliant stalls. The site is currently under parked with a deficit of 7 parking spaces. However, with
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consideration of the continuation of use and a previous entitlement for the service of beer and wine, the use with the new conditional use permit will not intensify, therefore satisfying the City’s requirement per Chapter 7 – Parking of DMC Section 9728 Miscellaneous Requirements.
The proposed request would allow the added sale of distilled spirits to the previously permitted sales of beer and wine for consumption on the licensed premise, which will enhance and
compliment the restaurant’s menu service. The approved tentative improvement shows a new bar area of 427 square feet and a dining area in the front of the restaurant of 1,635 square feet for patrons wishing to dine-in. Staff has included a condition that restricts alcohol beyond the
interior tenant space and the sale of alcohol will be supplemented with food with exception of offering sealed containers with alcohol for off-site consumption. The permitted hours of operation of the business are as follows: Sunday – Thursday, 10:00 a.m. to 12:00 a.m.
Friday – Saturday, 10:00 a.m. to 2:00 a.m.
As a reference, below is the California State Department of Alcoholic Beverage Control’s classification of a Type 47 license:
“On-Sale General - Eating Place - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer
and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises.
Minors are allowed on the premises.”
Although the property is adjacent to residentially developed parcels, no impacts are anticipated
related to noise levels. Conditions of approval have been incorporated in an effort to mitigate any potential nuisance. Conditions include prohibiting live entertainment, keeping the rear door only accessible to employees and shut when not in use, sign regulation related to noise in parking lot, and all activity shall be maintained inside the tenant space. In addition, the activities associated with a typical restaurant shall remain much the same even after incorporating the sale of alcoholic beverage.
Lastly, upon review of the application materials, staff supports the request for a Conditional Use
Permit to allow on-site sale of beer, wine, and distilled spirits for the Verdugo Steakhouse eating establishment.
DEVELOPMENT REVIEW COMMITTEE
The project was reviewed by the Development Review Committee (DRC) and standard
comments were provided. Staff included conditions in order to address the department’s comments. Other departments had no other concerns and standard conditions were provided.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
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categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA.
Class 1 consists of projects that involve interior alterations to an existing structure. The proposed ABC Type 47 license for the sale of alcoholic beverages is ancillary service of the eating place. FINDINGS
Pursuant to the requirements of DMC Section 9824.06 (Conditional Use Permit), staff recommends that the Planning Commission make the following findings to approve the overall request: 1. That the requested Conditional Use Permit will not adversely affect the intent and purpose of Article IX or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
An existing Conditional Use permit for the sale of beer and wine has been established for this site and has been operating from 1979 till late 2019 and has not adversely affected the public. The requested Conditional Use Permit for the sale of beer, wine and distilled spirts in conjunction with an eating place will not adversely affect the purpose and intent of the Downey Municipal Code. The subject site is located within the C-1 zone, which is intended for the development and/or uses of limited neighborhood
shopping areas situated adjacent to, or surrounded by, residential neighborhoods. They are intended to serve only the limited need for convenience goods and services in their immediate locality. The requested Conditional Use Permit will allow a Type 47 (On Sale -
General Liquor - Eating Place) alcohol license for the existing eating place but will not adversely affect the purpose and intent of the Zoning Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood in that this site has already been approved for commercial development to serve the surrounding neighborhood. The added sale of distilled spirits in addition to the already mitted sale of beer and wine will complement the use of the eating place. 2. 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 requested Conditional Use Permit will not adversely affect the adjoining land uses since the existing use conforms to the C-1 zone development standards. The alcohol license will complement the family restaurant establishment and surrounding commercial uses and will serve the public with a use that the Zoning Code deems appropriate for
uses within the C-1 zone. In addition, conditions have been included to ensure that consumption of alcohol is conducted within the tenant space and no live entertainment is allowed on site. 3. 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.
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The subject site is approximately 73,600 square feet in size. The existing tenant space is 5,124 square feet in size and is situated in a single-tenant commercial site along Florence avenue with the nearest cross street of Tweedy Lane. A total of 45 parking
spaces are provide for onsite parking. Based on the parking calculations, the commercial site is currently deficient of 7 parking due to the existing size of the tenant space. However, pursuant to Chapter 7 – Parking of DMC Section 9728 Miscellaneous
Requirements:
“Whenever the existing use of a structure is expanded or enlarged or the existing
use of land is changed to another use or another occupancy with a greater parking and/or loading requirement, the additional required parking and loading facilities shall be provided and thereafter permanently maintained in accordance with the provisions of this chapter.”
The previous tenant for this existing tenant space also accommodated an eating establishment with no additions proposed; therefore, the new business was approved as a continuation of similar use. As such, the site maintains its legal nonconforming status.
The request to serve distilled spirits to the already permitted sale of beer and wine will not modify or affect the existing use, therefore, it will not be an adverse impact to the area.
4.That the traffic generated by the proposed use will not impose an undue burdenupon the streets and highways in the area.
The traffic generated by the existing use is not expected to significantly increase with theapproval of the CUP, as the use is currently existing and on-site parking spaces are
provided for customers. In addition, Florence Avenue is classified as a major arterial thatcan support high volume of vehicles. The added component of distilled spirits in addition tothe permitted sale of beer and wine sales is not expected to generate significantly moretraffic or impose an undue burden upon the streets and highways in the area because it isrequired to be served as a complement to the food menu. The alcohol sales will not bepermitted without sale of food and the food establishment will continue to operate as part ofthe existing commercial site which has been adequately served by surrounding streets andhighways.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding this matter.
CONCLUSION
Based on the analysis contained in this report, staff recommends that the Planning Commission
adopt the resolution approving the Conditional Use Permit (PLN-22-00133), subject to the conditions of approval as stated in the Planning Commission Resolution.
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EXHIBITS A. Aerial Photograph, Location Map & Zoning Map
B. Draft Resolution C. Project Plans
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Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
Subject Site/Tenant Space
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LOCATION MAP
ZONING MAP
Subject Site
R-3
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-22-00133 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE
ON-SITE CONSUMPTION OF GENERAL LIQUOR UNDER ALCOHOL BEVERAGE CONTROL (ABC) TYPE 47 (ON-SITE GENERAL LIQUOR - EATING PLACE) LICENSE FOR AN EATING PLACE LOCATED AT 7860 FLORENCE AVENUE, ZONED C-1 (NEIGHBORHOOD COMMERCIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that:
A.On September 26, 2022, an application was filed by Ralph Verdugo (VerdugoSteakhouse), requesting approval of a Conditional Use Permit (PLN-22-00133),to allow a full service restaurant to operate under an ABC Type 47 license, on theproperty located at 7860 Florence Avenue, Downey, and zoned C-1(Neighborhood Commercial); and,
B.Staff deemed the application complete on November 04, 2022; and,
C.On November 21, 2022, notice of the pending public hearing was sent to allDowney property owners within 500 feet of the subject site and the notice waspublished in the Downey Patriot; and,
D.The Planning Commission held a duly noticed public hearing on December 7,2022 and after fully considering all oral and written testimony, facts, and opinionsoffered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities.
SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that:
A.The request Conditional Use Permit will not adversely affect the intent and purpose ofthis article or the City’s General Plan or the public convenience or general welfare ofpersons residing or working in the neighborhood thereof. An existing Conditional Usepermit for the sale of beer and wine has been established for this site and has been
operating from 1979 till late 2019 and has not adversely affected the public. Therequested Conditional Use Permit for the sale of beer, wine and distilled spirts in
conjunction with an eating place will not adversely affect the purpose and intent of theDowney Municipal Code. The subject site is located within the C-1 zone, which is
intended for the development and/or uses of limited neighborhood shopping areassituated adjacent to, or surrounded by, residential neighborhoods. They are intended to
serve only the limited need for convenience goods and services in their immediatelocality. The requested Conditional Use Permit will allow a Type 47 (On Sale - GeneralLiquor - Eating Place) alcohol license for the existing eating place but will not adverselyaffect the purpose and intent of the Zoning Code or the City’s General Plan or the publicconvenience or general welfare of persons residing or working in the neighborhood in
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that this site has already been approved for commercial development to serve the surrounding neighborhood. The added sale of distilled spirits in addition to the already mitted sale of beer and wine will complement the use of the eating place. Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
The CUP promotes the above policy by introducing a new component that aims to complement the restaurant that it will serve. 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. The restaurant and proposed use will also primarily serve and help draw the nearby neighborhood as it is a neighborhood restaurant within the C-1 (neighborhood commercial) zone. This ultimately contributes to the intent and purpose of the zone. 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 requested Conditional Use Permit will not adversely affect the adjoining land uses since the existing use conforms to the C-1 zone development standards. The alcohol license will complement the family restaurant establishment and surrounding commercial uses and will serve the public with a use that the Zoning Code deems appropriate for uses within the C-1 zone. In addition, conditions have been included to ensure that consumption of alcohol is conducted within the tenant space and no live entertainment is allowed on site.
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 subject site is approximately 73,600 square feet in size. The existing tenant space is 5,124 square feet in size and is situated in a single-tenant commercial site along Florence avenue with the nearest cross street of Tweedy Lane. A total of 45 parking spaces are provide for onsite parking. Based on the parking calculations, the commercial site is currently deficient of 7 parking due to the existing size of the tenant space. However, pursuant to Chapter 7 – Parking of DMC Section 9728 Miscellaneous Requirements: “Whenever the existing use of a structure is expanded or enlarged or the existing use of land is changed to another use or another occupancy with a greater parking and/or loading requirement, the additional required parking and loading facilities shall be provided and thereafter permanently maintained in accordance with the provisions of this chapter.” The previous tenant for this existing tenant space also accommodated an eating establishment with no additions proposed; therefore, the new business was approved as a continuation of similar use. As such, the site maintains its legal nonconforming status.
The request to serve distilled spirits to the already permitted sale of beer and wine will not modify or affect the existing use, therefore, it will not be an adverse impact to the
area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the existing use is not expected to significantly increase with the approval of the CUP, as the use is currently existing and on-site parking spaces are provided for customers. In addition, Florence Avenue is
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classified as a major arterial that can support high volume of vehicles. The added component of distilled spirits in addition to the permitted sale of beer and wine sales is not expected to generate significantly more traffic or impose an undue burden upon the streets and highways in the area because it is required to be served as a complement to the food menu. The alcohol sales will not be permitted without sale of food and the food
establishment will continue to operate as part of the existing commercial site which has been adequately served by surrounding streets and highways.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves the Conditional Use Permit (PLN-22-00133), subject to the Conditions of Approval attached hereto as Exhibit A – Conditions,which are necessary to preserve the health, safety and general welfare of the community andenable the Planning Commission to make the findings set forth in the previous sections. Theconditions are fair and reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of December 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 7th day of December 2022, by the following vote, to wit:
AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS:
________________________________
Linda Thai Deputy City Clerk
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CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-22-00133)
PLANNING
1)The approval of Conditional Use Permit (PLN-22-00133 allows the restaurant “Verdugo
Steakhouse” to operate with a Type 47 On Sale General – Eating Place) ABC license foron-site consumption, on property located at 7860 Florence Avenue.
2)Approval of this Conditional Use Permit shall not be construed to mean any waiver ofapplicable and appropriate zoning regulations, or any Federal, State, County, and Citylaws and regulations. Unless otherwise expressly specified, all other requirements of theCity of Downey Municipal Code shall apply.
3)The City Planner is authorized to make minor modifications to the approved preliminaryplans or any of the conditions if such modifications shall achieve substantially the sameresults as would strict compliance with said plans and conditions.
4)All conditions of approval set forth in this resolution shall be complied with before theConditional Use Permit becomes valid.
5)The use approved herein must be executed within one year of approval or shall besubject to revocation where this approval will be deemed null and void.
6) The previous Condition Use Permit of (No. 94) and Resolution (No. 314) is now obsoleteand shall be superseded by Conditional Use Permit (PLN-22-00133) and its conditions ofapproval.
7)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 andemployees 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, voidor 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 ofany such claim, action or proceeding to which City receives notice, and City willcooperate fully with Applicant in the defense thereof. Applicant shall reimburse the Cityfor any court costs and attorney's fees that the City may be required to pay as a result ofany such claim, action or proceeding. City may, in its sole discretion, participate in thedefense of any such claim, action or proceeding, but such participation shall not relieveApplicant of the obligations of this condition.
8)Deliveries to the premises are prohibited between 12:00 A.M. and 7:00 A.M.
9)The permitted hours of operation of the business are as follows:a. Sunday – Thursday, 10:00 a.m. to 12:00 a.m.
b. Friday – Saturday, 10:00 a.m. to 2:00 a.m.
10)Customers shall not be within the business after the specified closing time.
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11) There shall be no live entertainment of any form, this includes, but is not limited to, a discjockey, bands, musicians, and karaoke.
12)The subject property and surrounding area must be maintained free of trash, litter, anddebris at all times.
13)Alcoholic beverages shall not be sold for off-site consumption unless packed in a sealed
container.
14)The sale of alcohol shall be incidental to the sale of food. Gross sales of alcohol shall notexceed the gross sales of food. At the request of the Director of CommunityDevelopment, the applicant shall provide evidence that the gross sales of food exceed50% the gross sales of alcohol.
15)The kitchen shall remain open to serve a full menu at all times the business is open. Theservice/sale of prepackaged foods, salads, or sandwiches is not considered to be incompliance with this condition.
16)“Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing.
17)The business shall comply with the City of Downey’s noise ordinance, but in any case, nogreater than 65 dBA as measured at the property line. Upon receiving complaintsregarding noise levels, the Director of Community Development may order thepreparation of a noise study. The City will hire a consultant to prepare a noise study, andsaid noise study shall be paid by the business owner. All mitigation measures identifiedin the noise study shall be implemented and become part of this Conditional Use Permitand shall have the force of conditions of approval.
18)All rear (South) doors shall only be used for employee ingress and egress (unlessrequired for an emergency), and must remain closed at all other times.
19)All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
20)Signs must be posted in parking lot notifying patrons to remain courteous of nearbyresidential properties.
21)All rules and regulations set forth by the California Department of Public Health and theLos Angeles County Department of Public Health shall be enforced and complied with.The applicant shall be subject to any and al applicable orders issued by these agenciesto protect the public health such as the most recent orders for social distancing andoperational restrictions related to the COVID-19 coronavirus pandemic.
22)A copy of this Resolution shall be maintained on the premises at all times. A copy of theConditions of Approval and any Police Permit shall be prominently posted on thepremises at all times. The applicant shall make available said copies upon request byany Police Officer or other City official charged with the enforcement of the City’s laws,ordinances, or regulations.
23)The Licensee shall be responsible for monitoring the business to prevent anyone underthe age of 21 from purchasing alcohol.
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24)The owner/applicant shall comply with and strictly adhere to all conditions of any permitissued by the Alcohol Beverage Control (“ABC”) to the applicant and any applicableregulations of ABC.
BUILDING
25)If new construction is proposed it shall comply with the most recent version of theCalifornia Building Code, as adopted by the City of Downey.
26)Prior to the commencement of any construction, the applicant shall obtain all requiredpermits. Once permits are issued, the applicant shall obtain all necessary inspectionsand permit final prior to occupancy of the business.
POLICE
27)Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all requiredPolice Department permits for this Conditional Use Permit.
28)The business owner shall consent to and provide access to all areas of the subjectpremises without charge during normal business hours to any Police Department or CityOfficial for purposes of verifying compliance with any of the Conditions of Approval of thisapproval, as well as with any Police Permit.
29)Signs shall be posted at all entrances to the premises and business identifying a zero-tolerance policy for nuisance behavior at the premises (including the parking lot). Signsshall be posted along the entry/ exit ways and shall also include verbiage prohibiting thepossession and consumption of alcohol outside the premises.
30)The owner/applicant shall not permit any loitering on the property.
31)A copy of this conditional use permit and any Police permit shall be prominently posted
on the premises at all times. The applicant shall make available said copies uponrequest by any Police Officer or other City official charged with the enforcement of the
City’s laws, ordinances, or regulations.
32)The Licensee shall be responsible for monitoring the business to prevent anyone underthe age of 21 from purchasing or consuming alcohol.
33)The owner/applicant shall comply with and strictly adhere to all conditions of any permitissued by the Alcohol Beverage Control (“ABC”) to the applicant and any applicableregulations of ABC.
34)The restaurant shall not charge patrons a cover charge at any time.
FIRE
35)Deferred plan submittal for commercial cooking hood/exhaust automatic fire
extinguishing system. Automatic fire extinguishing system design, installation, and testingshall be per NFPA 96 and be UL 300 complainant. [CFC § 904.2.2; §904.12; §609]
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36)Clearance around kitchen hood exhaust shall adhere to CA Mechanical Code.
37)If applicable, storage of commercial kitchen cooking oil shall adhere to current Fire Coderequirements. [CFC § 610]38)Provide key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1]
39)Approved fire lanes identification/markings shall be provided. [CA Fire Code §503.1.1]
40)Premises shall be appropriately addressed. An approved address identification shall beprovided that is legible and placed in a position that is visible from the street/road. Sizingshall be approved and at a minimum meet requirement of CA Fire Code. [CA Fire Code§505.1]
41)Egress shall be designed to meet requirements of CA Building Code and Chapter 10 ofthe CA Fire Code for number of egress, egress sizing, means of egress, etc.
42)The establishment shall comply with all current code requirements for the occupancy useand type.
PUBLIC WORKS
43)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 RegionalWater Quality Control Board.
44)The owner/applicant must comply with all applicable Federal, State and local rules andregulations, American Disabilities Act (ADA), including compliance with South Coast AirQuality Management District (SCAQMD) regulations.
END OF CONDITIONS
PC AGENDA PAGE 16
sheet index:sheet no.issue / date:consultant:The above drawings and specifications and ideas, designs and arrange-ments represented thereby are and shall remain the property of thedesigner, and no part thereof shall be copied, disclosed to others orused in connection with any work or project other than the specifiedproject for which they have been prepared and developed without thewritten concent of the designer. Visual contact with these plans orspecifications shall constitute conclusive evidence of acceptance ofWritten dimensions on these drawings shall have precedence over scaleddimensions. Contractor shall verify and be responsible for all dimen-sions and conditions on the job and this office must be notified of anyvariations from the dimensions and conditions shown by these drawings.Shop details must be submitted to this office for approval before pro-these restrictions.ceeding with fabrication.owner information:project location:project no:phase:date:scale:drawn by:10927 downey avenue #Ddowney, ca 90421p 562.861.3883formBstudio@gmail.comFORMSTUDIOincFORMFORM....-........sheet index:sheet no.issue / date:consultant:The above drawings and specifications and ideas, designs and arrange-ments represented thereby are and shall remain the property of thedesigner, and no part thereof shall be copied, disclosed to others orused in connection with any work or project other than the specifiedproject for which they have been prepared and developed without thewritten concent of the designer. Visual contact with these plans orspecifications shall constitute conclusive evidence of acceptance ofWritten dimensions on these drawings shall have precedence over scaleddimensions. Contractor shall verify and be responsible for all dimen-sions and conditions on the job and this office must be notified of anyvariations from the dimensions and conditions shown by these drawings.Shop details must be submitted to this office for approval before pro-these restrictions.ceeding with fabrication.owner information:project location:project no:phase:date:scale:drawn by:10927 downey avenue #D downey, ca 90421p 562.861.3883formBstudio@gmail.comFORMSTUDIOincFORMFORMSP1.SITE PLANDOWNEY, CA 902407860 FLORENCE BLVD.DOWNEY, CA 902407860 FLORENCE BLVDRALPH VERDUGOVERDUGO'S.NOTED01/01/2022CD1212137site planscale: 1'=10'-0"ZONE C SUBJECT BUILDING SQUARE FOOTAGE5,124 SQ FTOCCUPANCY:A2- RESTAURANTEXITS: 3 EXITS PROVIDEDSTORIES: 1 STORYCONSTRUCTION TYPE: V-BSPRINKLERED: NOGROSS LOT AREAapprox. 73,600 SQ FTSITE BUILDING SPECIFICSCOPE OF WORK:EXISITNG RESTAURANT5,124 SQ FTNORTHPARKINGREQUIRED: 1 PER 100 SQFT GROSS FLOOR AREATOTAL PROVIDED: 45 SPACES ( 2 ADA SPACES)5,124 / 100 = 51 TOTAL SPACES1000 GALLONGREASE INTERCEPTORMODEL JP1000EPE-GLISTED BY UPC®05/05/22- PLAN UPDATESCOPE OF WORK:SCOPE OF WORK:07/26/22- BUILDING / CITY REVISION - PATIOTENANT IMPROVEMENTS FOR A NEW RESTAURANT INSTALLATION OF KITCHEN EQUIPMENT WITH COMMERCIAL TYPE I HOODINSTALLATION OF GREASE INTERCEPTORNEW DESSERT SALES AND PREPARATION AREAREMODEL MENS AND WOMENS RESTROOMSNEW WINE CABINET / DISPLAY AREANEW WINE CABINET / DISPLAY AREANEW BAR AND BAR SEATING AREAEXISTING WALK IN COOLER TO DRINK / ALCOHOL STORAGEINSTALLATION OF NEW KITCHEN WALL AND CEILING FINISHESSITE WORK FOR RESTAURANTCONSTRUCT NEW TRASH ENCLOSUREadjacent restaurantNOTE A PART10/28/22 - PLANNING SUBMITTALPC AGENDA PAGE 17
3 compartmentcharbroiler 48"3 compartmentgriddle 48"referrefer6 burnerw/ ovenfryerfryerprep sinkdishwaser3 compartmenthand sinkposss table2448 ss table2448 ss tableovenbottoms upbottoms upwine cabinetwine barwater troughwater troughwaterfallwaterfallbar seatingfreezerrefrigeratormenswomenswashkitchenprepofficedry storage2448 ss table2448 ss tablestationfloor planscale: 1/4"=1'-0"dessert stationdiningsheet index:sheet no.issue / date:consultant:The above drawings and specifications and ideas, designs and arrange-ments represented thereby are and shall remain the property of thedesigner, and no part thereof shall be copied, disclosed to others orused in connection with any work or project other than the specifiedproject for which they have been prepared and developed without thewritten concent of the designer. Visual contact with these plans orspecifications shall constitute conclusive evidence of acceptance ofWritten dimensions on these drawings shall have precedence over scaleddimensions. Contractor shall verify and be responsible for all dimen-sions and conditions on the job and this office must be notified of anyvariations from the dimensions and conditions shown by these drawings.Shop details must be submitted to this office for approval before pro-these restrictions.ceeding with fabrication.owner information:project location:project no:phase:date:scale:drawn by:10927 downey avenue #Ddowney, ca 90421p 562.861.3883formBstudio@gmail.comFORMSTUDIOincFORMFORMA1.FLOOR PLANDOWNEY, CA 902407860 FLORENCE BLVD.DOWNEY, CA 902407860 FLORENCE BLVDRALPH VERDUGOVERDUGO'S.NOTED01/01/2022CD1212137walk in coolerNOTE:PARTITION PLAN NOTES:EMPLOYEE WORK AREASTORAGE AREA NOTES:WALL LEGENDFIRE NOTE48" under ref48" under ref05/08/22- PLAN UPDATE07/26/22- BUILDING / CITY REVISION - PATIOPC AGENDA PAGE 18