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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ROGER BRADLEY, CITY MANAGER
DATE: FEBRUARY 27, 2024
SUBJECT: SUPPORT LETTER FOR BESO ENTERTAINMENT LLC
EXECUTIVE SUMMARY
The City Council will consider approving a support letter for the approval of an alcohol license for Beso Entertainment LLC. Avenue Theater LLC is the developer overseeing the adaptive reuse of the former historic Avenue Theatre and Beso Entertainment LLC will be one of the business operators occupying one of the new tenant spaces. The Project is anticipated to be opened by March 2024.
RECOMMENDATION
That the City Council:
Approve a support letter for the approval of an alcohol license for Beso Entertainment LLC.
The Avenue Theatre was originally constructed in 1925 and ceased operations in 2003.
In November 2016, the City Council approved a Purchase and Sale Agreement with Downey Restaurant Group, Inc. to sell the property. A condition of the Purchase and Sale Agreement requires the applicant to obtain all necessary land use entitlements and maintain the historical integrity of the site.
In November 2017, the applicant submitted the required land use entitlement applications and staff deemed the applications complete in December 2017. In March 2019, the City Council approved a first amendment to purchase and sale agreement with Avenue Theatre, LLC., A Limited Liability Company, and Successor -In -Interest to Downey Restaurant Group Inc., a California corporation to allow time for the entitlement process and building integrity analysis to plan the future tenant improvements.
In 2010, the City adopted the Downtown Downey Specific Plan which permits restaurants serving alcohol with Type 41 (beer/wine only) and 47 licenses (beer/wine/distilled spirits)
SUPPORT LETTER FOR BESO ENTERTAINMENT LLC
FEBRUARY 27, 2024
PAGE 2
without a Conditional Use Permit (CUP), but a CUP is required for live entertainment and other types of licenses for alcohol service (i.e. Type 48-public premise bars/nightclubs).
The project site is located in Downtown Downey and in January 2018, City of Downey's Planning Commission approved a Site Plan Review, CUP and Variance through Resolution No. 18-3044 (Attachment A) subject to conditions of approval, which allowed for the adaptive reuse of the former Avenue Theatre into two new restaurants (Avenue Pizzeria and Mandala Restaurants) and a live entertainment venue, one of which will be operated by Beso Entertainment LLC).
Additionally, in May 2018 the City entered into a Licensing Agreement with Avenue Theatre LLC (Owner of the Project Site) to use City properties for fenced staging and trailer area, deliveries, installation of trash enclosures, electric transformer, bollards and other above or below ground appurtenances, as well as a landscaped queuing space for the project.
ANALYSIS
The adaptive reuse of the former historic Avenue Theatre is nearing completion and the business operators are planning for the grand opening of the three new tenant spaces in the near future to showcase the project's completion. The Avenue Pizzeria is currently operating and is open to the public with a Temporary Certificate of Occupancy pending finalization of the entire scope of the project.
The applicant has recently been asked to attend a hearing with California Department of Alcoholic Beverage Control (ABC) on Thursday, March 7t" regarding their alcohol license application for Beso Entertainment LLC.
The applicant has asked the City to submit a letter of support for the operator, project and related license to be presented at the hearing. Attached is the letter of support for the City Council's consideration. The letter is being signed by the Mayor Pro Tern as the Mayor is not able to participate due to owning property in the area.
CITY COUNCIL PRIORITIES
Economic Vibrancy
FISCAL IMPACT
There is no financial impact.
N
SUPPORT LETTER FOR BESO ENTERTAINMENT LLC
FEBRUARY 27, 2024
PAGE 3
ATTACHMENTS
Attachment A: Planning Commission Resolution No. 18-3044 Attachment B: Support Letter
That the proposed map is consistent with the General Plan, The subject site has General Plan Land Use designation of Mixed Use. It is the intent of the Mixed Use designation "to provide for development of a variety of uses (including: retail, office, service, and residential) on the same parcel or within close proximity of each other This proposal will locate three new businesses, which provide new dining and entertainment opportunities, within a single building. This is also consistent with General Plan Program 1. 1.5.2, "Promote Downtown Downey as a destination draw for entertainment and dining uses, "
Z. That the site is • suitable for the type and •- • development. Tentative Parcel Map No78275 will combine two parcels into a single 10,283 square foot L-
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dining and entertainment opportunities to the growing downtown. Since the� map M
eXdOeds the minimum lot size and the proposed uses will be contained in the eiiOng structure� the site i's physically �uitable for the lype and density of development proposed.
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11022 Downey Avenue — PLN-1 7-00135
January 3, 2018 - Page 2
5 The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities.
The building is an unreinforced brick structure. While there is a virtual plethora of architectural styles in the Downtown Downey area, which provides its unique charm and character, the applicant has worked to retain the architectural style of the building. The Downey Avenue fagade will be restored to the appearance it had in the 1960's. The Third Street fagade will be enhanced with new storefront framingand metal shadow boxes with curtain walls. This proposal will restore the luster of the building's architecture and restore the Downey Avenue fagade. Furthermore, this adaptive reuse will upgrade the overall appearance of the site and, in turn, improve the community appearance.
6, 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. Since the building was 11022 Downey Avenue — PLN-17-00135
January 3, 2018 Page 3
Resolution No. 18-3044
abandoned in 2003 and boarded up it has fallen into disrepair, The proposed project refurbish the building and provide new uses within the downtown area, The Downey Avenue fagade, including marquee �and roof sign, will! be restored to mimic the entranc of a movie theater. New store front faming and glazing will be provided on the Third Street facade, activating this �portion of Third �Street for the first time. These improvements will upgrade the appearance of the property and provide a betterment of conditions to the surrounding area. I
11022 Downey Avenue — PLN-17-00135
January 3, 2018 - Page 4
Resolution No. 18-3044
Downey Planning Commission
4. 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 within the Downtown Downey Specific Plan, which has a fully developed street network and ample public parking to accommodate the use. The City's Traffic Engineer has reviewed the proposal and is satisfied that the existing streets can accommodate traffic generated by these uses.
SECTION 6. 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,
1 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. This site is improved with the former Avenue Theater building, is an unreinforced brick building that was constructed in 1925. Although not listed as a historical structure, it is an important asset to the community and has been a vital part of the Downey Avenue streetscape. The fagade has been modified through the years, but it has always had a roof sign. The extraordinary circumstance exists in that it is the community's desire to have the fagade to this asset restored and maintained. This project will achieve that desire by restoring the marquee and reinstalling the roof sign, to match the last major fagade modification that was completed in the early 1960's.
Z 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. Under the current code, the roof sign would be prohibited. This deviation is to allow the sign, so the Downey Avenue fagade can be restored to its appearance of the 1960's. Literal interpretation of the code would prevent the applicant from restoring this community asset, a benefit that is commonly enjoyed by others.
1 That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. This proposal will allow the applicant to restore a roof sign and fagade for the former Avenue Theater building, which is an important community asset.
The building was constructed in 1925 and has been part of the Downey Avenue streetscape since. The extraordinary circumstance that exists is the community's desire to have the fagade restored, which is not a result of the actions of the applicant. 11022 Downey Avenue — PLN-1 7-00135
January 3, 2018 - Page 5
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4, That granting the variance requested will not confer on the applicant any special privilege that is �dehied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the �property is located. The subject site is within Downtown Downey. There are few buildingprominence and community value as the Third Street fagade of the former Avenue Theater. This proposal will allow restoration of the fagade, including restoring 'the roof sign, Since other buildings in the vicinity are not as prominent, this approval Will! hot Confer a Special privilege to the applicant. & 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. It is the intent of the Mixed Use designation "to provide for development of a variety of uses (including: retail, office, service, and residential) on the same parcel or within close proximity of each other." This proposal will locate three new businesses, which provide new dining and entertainment opportunities, within a single building. This is also consistent with General Plan Program 1.1.5.2, "Promote Downtown Downey as a destination draw for entertainment and dining uses. "
6That 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� This proposal meets all of the required development standards set forth� in 'the Downtown Downey ®- Plan. The only request to deviate from the code is to allow the roof sign. This is the minimum Variance that the applicant could request for the project
SECTION 7. Based upon the findings set forth in Sections 1 through 6 of this resolution, the Planning Commission of the City of Downey hereby approves Tentative Parcel Map, Site Plan Review, Conditional Use Permit, and Variance (PLN-17-00135) to allow an adaptive reuse of the former Avenue Theater building, 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. 11022 Downey Avenue — PLN-1 7-00135
January 3, 2018 - Page 6
Resolution No. 18-3044
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:iguez, Chairman
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I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Plannin Commission of the City of Downey at a regular meeting thereof� held on the �3 rd day of Janua 2018, by the following vote, to Wit,
AYES: COMMISSIONERS: Rodriguez, Owens, Flores, Dominguez and Duarte NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
M—ary Ca+agh, Secretary
City Planning Commission
11022 Downey Avenue — PLN-1 7-00135
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Resolution No. 18-3044
TENTATIVE
PARCEL y • 78275, SITE PLAN REVIEW,
EXHIBIT CONDITIONAL USE PERMIT, AND VARIANCE (PLN-17-00136) - CONDITIONS w
1) The approval of this Tentative Parcel Map No. 78275, Site Plan Review, Conditional Use Permit, and Variance (PLN-1 7-00135) allows for the adaptive reuse of the former Avenue Theater to include two new restaurants and a live entertainment venue.
Specifically the approved uses are as follows-
0 Downey Avenue Restaurant (11022 Downey Avenue) -This 1,954 square foot restaurant is approved to operate with an ABC Type 47 (On-8ale General, Eating Place) license, Live entertainment is not permitted. Additionally, this �restaurant rn have a standing food rail within the public sidewalk, adjacent to Downey Avenue. I square
Entertainment Venue/Rooftop lounge (8312 Third Street) —This 11 009 square fo'l live entertainment venue is approved to operate with an ABC Type 48 (On -Sale General, Public Premise) license and live entertainmentAdditionally, a 2, 199 •i` rooftop terrace is Approved.
2) Unless specified, all conditions of approval contained herein shall apply to all businessen within the building.
3) Approval of Tentative Parcel Map No. 78275, Site Plan Revlew� Conditional Use Permit, and Variance (PLN-1 7-001,35) 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
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11022 Downey Avenue — PLN-17-00135
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Resolution f: s 11r.
5) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions._ 6) The business shall comply with the City of Downey's noise ordinance and in any case, shall not exceed 65 dB. This shall not include noised that is exempt from the City's noise ordinance. Upon receiving complaints regarding noise levels, the Director of Community Development may order the preparation of a noise study. The cost of 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.
7) The applicant shall provide lighting on the east side of the building to illuminate the City owned parking lot. Lighting shall be to parking lot standards. 8) All exterior lights shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties.
9)- The approved architectural style, finished material, and colors shall be as approved by the Planning Commission. Changes to the facades and/or colors shall be subject to the review and approval of the City Planner. At his/her discretion, the City Planner may refer changes to the facades and/or colors to the PlanningCommission for consideration. 10) 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. 11;) Any graffiti applied to the site shall be removed within 24 hours. 12) All signs shall comply with the requirements set forth in the Downtown Downey Specific Plan and Downey Municipal Code.
13) Prior to the issuanceofbuilding permits, the applicant shall obtain an easement from the City of Downey for the marquee and roof sign on Downey Avenue, as well as, the improvements (landscaping, pedestrian queue, FDC and Sprinkler control valve, etc) within the City -owned parking lot.
14) The Downey Avenue fagade, marquee and roof sign shall be permanently maintained on the site. Prior to the final of building permits, the applicant shall enter into a maintenance agreement with the City guaranteeing the applicant and all future; successors shall maintain the fagade, marquee and roof sign. The maintenance agreement shall be recorded on the property.
15) The restoration of the building, including the Downey Avenue fagade, marquee, and roof sign shall be deemed to satisfy the art in public places requirements set forth in Downey Municipal Code 8950' et seq.
11022 Downey Avenue — PLN-17-00135
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1MZIMZjdjMX,P".MU' ;M��IrMMQ 011 4 0 1 a ITWM rr-�M' I I 0 Third Street Restaurant (8310 Third Street) —9:00 a.m. to 2:00 a.m., seven (7) days a week.
•; Entertainment Venue/Rooftop Lounge (8312 Third Street) — 9:00 a.m. to 2:00 a.m., seven (7) days a week.
25) The following live entertainment shall be authorized during all approved hours of operation:
• Downey Avenue Restaurant (111022 Downey Avenue) — None. • Third Street Restaurant (8310 Third Street) — Live bands, dj's, customer dancing. • Entertainment Venue/Rooftop Lounge (8312 Third Street) — Live bands, customer dancing, dj's, stand-up comedy, dinner theater shows, karaoke, live shows (plays, operas, and musicals), and public speaking engagements. 11022 Downey Avenue — PLN-1 7-00135
January 3, 2018 - Page 10
Resolution No. 18-3044
Downey Planning Commission
26) All live entertainment and/or pre-recorded ambient music within all the businesses shall cease 30 minutes prior to the specified closing time.
27) Pre-recorded ambient music (without the use of a disc jockey) within all businesses is allowed.
28) Customers shall not be within any of the businesses after the specified closing time. 29) The businesses shall not function or otherwise operate as a banquet facility. 30) No aspect of any of the businesses shall function or otherwise operate as an adult business, as defined in Municipal Code Section 9402.
31) Last call for the purchase of alcoholic beverage shall be 1:30 a.m. to allow for the consumption of all alcoholic beverages to be concluded by 2:00 a.m. as per Alcohol Beverage Control (ABC) requirements.
32) The business owner/applicant and licensee shall not conduct valet parking on the subject site without the approval of a Conditional Use Permit from the Planning Commission.
33) For the Entertainment Venue/Rooftop Lounge, the following additional conditions of approval shall apply:
a) Entertainment on the rooftop lounge shall be limited to live bands, dj's, and customer dancing.
b) No person below the age of 21 years shall be permitted entry into the business establishment. Age verification shall be through an electronic identification verification system.
C) Customer entrance to the business shall be through the door on the east fagade of the building. Customers shall not be permitted to enter into the business through other the other businesses in the building.
d) Customer queuing from the entrance shall be kept against the building within the pedestrian walkway in the City -owned parking lot. Should the queue extend longer than the pedestrian walkway, the queue line may extend along the building down Third Street. The applicant shall ensure the queue line does not block accessibility on the public sidewalk, driveways, or other businesses. The use of a temporary queue line/rope is permitted, subject to the approval of the Planning Division and Police Department.
e) Alcohol shall not be sold for off -site consumption. 34) For the Third Street Restaurant, the following additional conditions of approval shall apply:
11022 Downey Avenue — PLN-17-00135
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Resolution No. 18-3044
Downey Planning Commission
a) Customer entrance to the business shall be through the door on the north fagacs of the building Customers shall not be permitted to enter into the business through other the other businesses in the building. I
b) Customer queuing from the entrance shall be kept �against the building along Third Street. The applicant shall ensure the queue line does not block accessi ility on the ublic sidewalk, driveways, or other businesses, The use of temporary queue line/rope is permitted, subject to the approval of the Planning Division and Police Departmeft
c) The gross sales of alcohol shall not exceed the gross sales of food. At the V
request of the City Planner, the applicant shall provide evidence that the gross sales of food exceed 500/o the gross sale of alcohol.
d) The kitchen shall remain open to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches are not considered to be in compliance with this condition.
e) The applicant shall obtain approval of an encroachment permit pursuant to Section 2.4.4 (Encroachments) of the Downtown Downey Specific Plan for the outdoor dining area. This shall include meeting all indemnification and liability requirements set forth in said section of the Specific Plan.
Beer may be sold for off -site consumption, provided it is sold in a sealed container.
35) For the Downey Avenue Restaurant, the following additional conditions of approval shall apply:
The gross sales of alcohol shall not exceed the gross sales of food. At the request of the City Planner, the applicant shall provide evidence that the gross sales of food exceed 50% the gross sale of alcohol,
b) The kitchen shall remain of to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches are not considered to be in compliance With this condition.
C) The applicant shall obtain approval of an encroachment permit pursuant to Section 2.4.4 (Encroachments) of the Downtown owne pec
food rail. This shall include meeting all indemnification and liability requirements set forth in said section of the Specific Plan.
d) Customer queuing from the entrance shall be kept against the building along Downey Avenue, The applicant shall ensure the queue line does not block accessibility on the public sidewalk, driveways, or other businesses. The use of temporary queue line/rope is permitted, subject to the approval of the Plannin Division and Police Department.
e) Alcohol shall not be sold for off -site consumption
11022 Downey Avenue — PLN-17-00135
January 3, 2018 - Page 12
Resolution No. 18-3044
36) The business owner shall ensure that the property is kept clean and free of litter and trash. This shall include all areas of the City -owned parking lot that are adjacent to the building, and all sidewalks and gutters for a distance of 25 feet from the building.
BUILDING
37) All construction shall comply with the most �recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 38) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation •. the site.
39) The emergency egress path of travel shall remain unobstructed� Egress doors shall be wide enough to accommodate the occupant •.•
40) Prior to the issuance of building permits, the applicant shall obtain an emergency egress easement from the City of Downey to permanently maintain emergency egress through the parking lot.
41) The occupant load of each business shall be clearly posted within said business. 42) Plans to be submitted through Building and Safety and shall comply with the most recent i
version or the California Fire Coft as adopted by the City of Downey-, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review.
43) An area in front of the egress doors on the east side of the building shall be stripped an@ marked "Do Not BlocW, This stripped area shall be as wide as the doors and extend tel feet from the building,
44) The Fire Department Connection and Double Detector Check Valve shall be located within the landscape area on the east side of the City -owned parking lot. 45) A deferred automatic fire sprinkler plan submittal is required for Assembly Group 'A' occupancy, The automatic fire sprinkler system design, installation, and testing shall be per NFPA 13 [CFC § 903,2.1.2 #3; DMC 3318].
46) A deferred fire alarm and detection system plan submittal is required. The automatic fire alarm and detection system design, installation, and testing shall be per NFPA 72 [CFC § 907; DMC 3318],
47) Applicant shall complete and submit "Change in Occupancy Use" application for tenant improvement of vacant space to an Assembly Group 'A' occupancy use. 48) A deferred plan submittal for commercial cooking hood/exhaust automatic fire extinguishing system shall be required. The automatic fire extinguishing system design, installation, and testing shall be per NFPA 96 and be UL 300 complainant [CFC § 904.2.2].
11022 Downey Avenue — PLN-17-00135
January 3, 2018 - Page 13
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50) storage of commercial kitchen cooking oil shall adhere to all turrent Fire Code requirements [CFC § 610],
51) The design and construction of proposed project shall adhere to all conditions for Assembly Group 'A' occupancy for occupant load, exiting, emergency 'lighting, egress illumination� etc�
52) Prior to the final of building permits, the applicant shall provide key boxes �(e�g. Knox Boxes) 'to occupancy. Location of the key boxes shall be aszpproved by the Fire Department ICA Fire� Code §506.1 ].
54) The elevator operation for fire service/emergency operations shall meet the requirements of CA Fire Code [CA Fire Code §607].
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55) The fire sprinkler riser shall be located in an approved room with direct access from exterio Access to the fire riser room shall is be through an Intervening space or egress dbor�
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57) The exterior of all emergency egress doors shall have signage that reads'Emergen Exit, Do Not Block'. I
58) The premises shall be clearly and appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that -is visible from the street/road. Sizina shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code
59) Prior to the commencement of business; the applicant shall obtain a permit from th Chief of Police for �all live entertainment. I
60) The businesses shall comply with all requirements of the State of California, Departmerfl of Alcohol Beverage Control (ABC), as well as anv conditions placed on the ABC licenses, I
11022 Downey Avenue — PLN-1 7-00135
January 3, 2018 - Page 14
Resolution No, 18-3044
L=akw M-d' "W
61) 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.
62) Prior to the commencement of business the applicant shall submit and obtain approval of a security plan for each business. The security plan shall include the number of licensed and bonded uniformed security that will be required at each business. The number of security guards shall be at the sole discretion of the Chief of Police and may be increased/decreased at his/her determination of need. 63) 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) and "no loitering", No patrons or employees shall be allowed to congregate at the rear of the - business.
64) The business owner/applicant and licensee shall immediately report to the Police Department if any patron appears to be involved in illegal activity inside the subject business or outside in the parking lot area.
65) A copy of this conditional use permit, the police permit, and approved security plan must be maintained on the premises. The business owner, applicant, and/or manager 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. 66) The business owner/applicant shall prohibit loitering by persons outside the business establishment — including within the parking area and upon the adjacent right-of-way, except for those persons in queue for entry into the business establishment in a manner approved by the Planning Division and/or Police Department. 67) The business owner/applicant shall impose a dress code that shall not permit patrons to wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps worn backwards. A sign shall be posted at the entrance stating the dress code. 68) During all hours of operation, the business owner shall maintain a count of the number of patrons within the business at any given time.
69) The business owner shall not permit any public nuisance within areas under his control, including but not limited to, unruly behavior by patrons, or any interactions with passersby. Areas under his control shall mean the parking lot to the east of the business and sidewalks in front of the business (Third Street and Downey Avenue). 70) 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 other City Official for purposes of verifying compliance with any of the Conditions of Approval of this CUP, as well as with any Police Permit and approved Security Plan. 11022 Downey Avenue — PLN-17-00135
January 3, 2018 - Page 15
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71) Prior to the commencement of work on public improvements, the applicant shall obtain all necessary permits from the Public Works Department. Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction, City of Downey standards and the Americans with Disabilities Act (ADA).
72) The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State • California.
77) The oWner/applicant shall provide separate water Improvement plan sets for review an,e- approval consisting of all City -owned potable water and fire service improvements. 78) The owner/applicant shall furnish and install separate water service lines, meters, and boxes for each tenant space. Connect new separate water service lines to existing water main lbc�ated on Downey Avenue. Existing potable and fire�water service lines and associated appurtenances must be removed and abandoned from existing water i main.
79) The owner or tenant must establish water billing accounts with the City prior to the City activating and the tenant using any fire and/or potable, Water service and meter. 80) The owner/applicant shall be required to complete a construction & demolition �C&D) waste management plan per Article V, Chapter8 of 'the Downey Municipal Code, 11022 Downey Avenue — PLN-11 7-00135
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Resolution No. 18-3044
Downey 'Planning Commission
81) The owner/applicant shall retrofit the existing fire hydrants east of the project on Third Street in accordance to latest Fire Department and Department of Public Works standards, including but not limited to, furnishing and; installation of a new riser, fire hydrant head, and associated fittings.
82) The owner/applicant shall provide a fire sprinkler system(s) in accordance with Fire Department and Building and Safety standards. Should such fire sprinkler system(s) require the installation of dedicated fire service-lateral(s), such lateral(s) shall be constructed in accordance with the latest Department of Public Works and Fire Department standards including backflow devices, fire department connections and other appurtenances as required.
83) The owner/applicant shall furnish and install irrigation, domestic, and fire water backflow devices in accordance with City of Downey standards and as required by State and LA County Department of Public Health. Backflow devices shall be located on private property, readily accessible for emergency and inspection purposes, and screened from view by providing sufficient landscaping.
84) All areas within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 85) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right-of-way and City -owned parking lot to be removed. 86)The owner/applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements.
87)' The owner/applicant shall provide and record utility easement(s) for access to, and inspection and maintenance of, public water lines, meters and appurtenances, and backflow devices.
88) The owner/applicant shall furnish and install a new 6- inch sewer-lateral(s) (to the front property line) and abandon any existing unused sewer laterals. The design and improvements of sewers shall be in accordance with the latest standards of the Department of Public Works. Septic systems shall not be allowed. 89) 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)
90) 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.
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91) The owner/applicant is responsible for coordinating with and payment to the City and CsDLAC for all sanitary sewer connection and capacity charges. 92) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (Aut6CAD - latest edition) files 'in accordance wit e 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 93) Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit. Submit plans to Building & Safety and Planning Divisions regarding the following:
TheaA �
_/ use drought landscapingshall incorporate ground ---^_-_covers, _^.___ and _trees _ -_ maximum —_ _extent possible.
b) Drip and Micro spray irrigation shall maximize the use of drip irrigation and micro - spray systems to the maximum extent possible�
o\ LatestGreen- standards for water fixtures, etc.
94) The owner/applicaht shall dedicate 5-6" for right-of-way purposes along Downey Avenue to the standards of the City Engineering Division. 95) The owner/applicant shall provide that no easements of any type �be granted over any portion of the subdivision to any agency� utility or organization (private or public), except to the Cit of Downey prior to recordation of the tract or parcel map, The owner/applicant shall grant easements in the name of the City, 'including:
a)
Vehicular easements
b)
Walkway easements
C)
Drainage easements
d)
Utility easements
Resolution No, 18-3044
98) Monumentation of the final map boundaries, street centerline and lot boundaries i's required for a maD based on a record of survey. In the absence of such record, a licensed land surveyor shall set up all the missing monumentation. 11022 Downey Avenue — PLN-17-00135
January 3, 2018 - Page 19
February 23, 2024
California Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Subject: Alcohol License Approval for Beso Entertainment LLC To whom it may concern,
On behalf of the City of Downey, I am writing to express its support for the approval of an alcohol license for Beso Entertainment LLC.
The original Avenue Theatre was originally constructed in 1925 and ceased operations in 2003.
In November 2016, the City Council approved a Purchase and Sale Agreement with Downey Restaurant Group, Inc. to sell the property. A condition of the Purchase and Sale Agreement requires the applicant to obtain all necessary land use entitlements and maintain the historical integrity of the site.
In November 2017, the applicant submitted the required land use entitlement applications and staff deemed the applications complete in December 2017. In March 2019, the City Council approved a first amendment to purchase and sale agreement with Avenue Theatre, LLC., A Limited Liability Company, and Successor -In -Interest to Downey Restaurant Group Inc., a California corporation to allow time for the entitlement process and building integrity analysis to plan the future tenant improvements.
In 2010, the City adopted the Downtown Downey Specific Plan which permits restaurants serving alcohol with Type 41 (beer/wine only) and 47 licenses (beer/wine/distilled spirits) without a Conditional Use Permit (CUP), but a CUP is required for live entertainment and other types of licenses for alcohol service (i.e. Type 48-public premise bars/nightclubs).
The project site is located in Downtown Downey and in January 2018, City of Downey's Planning Commission approved a Site Plan Review, CUP and Variance through Resolution No. 18-3044 (Attached) subject to conditions of approval, which allowed for the adaptive reuse of the former Avenue Theatre into two new restaurants (Avenue Pizzeria and Mandala Restaurants) and a live entertainment venue, one of which will be operated by Beso Entertainment LLC.
After five years, the City of Downey is excited to see the completion of the adaptive reuse of the former historic Avenue Theatre. The project aligns with the City's vision of vibrant downtown as outlined in the City's General Plan and Downtown Downey Specific Plan.
The developer, Adrian Amosa, has already demonstrated a high level of business responsibility in the Downey community as he also owns the successful Gaucho Grill Argentine Steakhouse in the City. Gaucho Grill is a mainstay in Downey and has had no violations, showcasing their dedication to operating a responsible and compliant business.
The Avenue Theatre project will be a benefit to Downtown Downey and community, and the City is confident that Beso Entertainment LLC will continue to operate as a responsible business. As such, the City supports the Avenue Theatre project and asks the California Department of
ATTACHMENT B
Alcoholic Beverage Control to approve the alcohol license application for Beso Entertainment LLC.
Please feel free to contact me at (562) 904-7284 if you require any further information.
Sincerely,
Hector Sosa
Mayor Pro Tern
Enclosure