HomeMy WebLinkAbout1. PLN-19-00061 11045 DowneySTAFF REPORT
PLANNING DIVISION
DATE: MAY 15, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-19-00061 (SPECIAL EVENT) – A REQUEST BY BASTARD’S
AMERICAN CANTEEN TO CONDUCT AN OUTDOOR MEMORIAL DAY
EVENT ON MONDAY, MAY 27, 2019, INCLUSIVE OF A PARTIAL
PRIVATE STREET CLOSURE OF 2ND STREET.
LOCATION: 11045 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
Bastard’s American Canteen (hereinafter referred to as “Applicant”) is requesting the approval
of a Special Event Permit that would allow Bastard’s American Canteen to hold their annual
Memorial Day event on Monday, May 27, 2019. Pursuant to Code Section 9420.04(c), special
events involving over five hundred (500) people shall require approval from the Planning
Commission. Based on the analysis contained in this report, staff recommends that the Planning
Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN-19-00061), THEREBY ALLOWING THE
OPERATION OF A MEMORIAL DAY EVENT ON MAY 27, 2019 IN THE PARKING LOT
OF BASTARD’S AMERICAN CANTEEN, INCLUSIVE OF A PARTIAL PRIVATE
STREET CLOSURE OF 2ND STREET, ON PROPERTY LOCATED AT 11045 DOWNEY
AVENUE AND ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
Bastard’s American Canteen is located on the northwest corner of Downey Avenue and 2nd
Street on an 11,888 square-foot lot. This lot also includes the portion of 2nd Street directly
adjacent to Bastard’s American Canteen, as this portion of 2nd Street is privately owned. The
property owner of Porto’s Bakery and Café owns 2nd Street south of the centerline and the
property owner of Bastard’s owns 2nd Street north of the centerline. The site is located within the
Downtown Downey Specific Plan and has a land use designation of Mixed Use. A parking lot is
located behind the restaurant and can accommodate ten vehicles. The surrounding uses
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include Lock and Key Social Drinkery to the north, Porto’s Bakery & Café to the south, L.A.
Buns to the west, and Barriles Restobar restaurant and rooftop bar to the east.
On April 26, 2019, the Applicant submitted an application to request a special event permit to
hold their annual Memorial Day Event. The 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 on
May 2, 2019.
DISCUSSION
Bastard’s Canteen has conducted this Memorial Day event, annually, since 2012. In previous
years, the event was located entirely within the parking lot of the Bastard’s property. However,
the last two years have included a private street closure in conjunction with this event. The
Applicant is again requesting to close the portion of 2nd Street directly adjacent to the subject
site, west of Downey Avenue and east of New Street.
The event will take place on Monday, May 27, 2019 from 12:00 p.m. to 10:00 p.m. According to
the Applicant, the event will be free and open to the public. Vendors for this event will be
located along 2nd Street, and consist of twenty-five, 10’x 10’ canopies, and two 20’ x 30’
canopies within the restaurant’s parking lot for those vendors that do not have an individual
canopy. Vendors will be selling merchandise from their specific organization, but they will not be
allowed to sell drug paraphernalia, alcohol, or weapons. Live entertainment will take place from
12:00 p.m. to 8:00 p.m. on a stage, located on the westernmost portion of 2nd Street. All noise
associated with this event must comply with the Municipal Code, however, the nearest
residential structure is over 300 feet away and all the adjacent commercial businesses will be
closed on Memorial Day. The Applicant will provide food and drink sales, alcoholic beverage
sales, and live entertainment. A beer trailer will also provide within a beer garden located on the
subject property’s parking lot with two – 20’ x 30’ canopies and will be separated from the rest of
the event by crowd control barriers. The entrance to the beer garden will be staffed by a security
guard, who will be checking for identification, as the beer garden is limited to patrons 21 years
of age and over. All patrons who are of drinking age will receive a colored wristband. A total of
six security guards will be stationed throughout the event. The event will include perimeter
crowd control barriers.
Set up for the event in the parking lot area will begin on Sunday, May 26, 2019 at 12:00 p.m.
Closure of 2nd Street will begin on Monday, May 27, 2019 at 6:00 a.m. while take down and
clean-up after the event will be completed by 12:00 a.m., Tuesday, May 28, 2019. This allows
for the adjacent businesses to resume normal operating hours the following day. Conditions
have been placed on the event to require the site be fully cleaned up of all waste prior to
reopening 2nd Street immediately following the event.
The Applicant is requesting to commence the proposed closure of 2nd Street at 12:00 a.m. on
Monday, May 27, 2019, however, staff is recommending that the closure commence at 6:00
a.m. to avoid any interference with Downtown operations and noise that can be generated from
set up activities throughout the night. The Applicant has received written approval from adjacent
tenants and property owners, Porto’s Bakery, Lock and Key, Peking China, and LA Buns, to
close down this portion of 2nd street for this day as these tenants will be closed. Since this is
private property, the City Council does not act on this street closure. The Applicant will be
responsible for posting signs to redirect traffic away from 2nd Street.
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Parking for this event will be directed towards the public parking structure located on New
Street, south of the movie theatre. Downey Avenue will remain open and available for parking,
as well as the various public parking lots located within Downtown Downey.
DEVELOPMENT REVIEW COMMITTEE
This proposal was reviewed by the Development Review Committee on May 2, 2019. The
Police and Fire Departments had concerns regarding emergency exiting and the amount of
people that would attend this event, security, and the service of alcoholic beverages. Due to
some unruly behavior at last year’s Memorial Day event, the Police Department is requiring that
two (2) City of Downey Police Officers be posted at the event from 5:00 pm until the end of the
event. The proposed Resolution includes conditions of approval to mitigate potential safety
hazards due to the event and the private street closure.
CEQA
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined that this request is categorically
exempt from CEQA, pursuant to Guideline Section No. 15304, Class 4 (Minor Alterations to
Land). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and are exempt from the requirements of the CEQA. Class
4 exemptions consist of minor alterations in the condition of land, including approval of
temporary land uses that will have no permanent effect on the environment.
FINDINGS
A. The proposed activity or use will be consistent with the objectives, policies, and
general land uses and programs specified in the City’s General Plan.
It is a goal of the General Plan (8.4) to “Enhance Downey’s Cultural Resources.” This
goal is implemented in part by General Plan Program 8.4.3.2, which states “Support and
encourage community events, such as the Downey Street Faire, Holiday Lane Parade,
and ARC walk.” The annual Memorial Day event is a local resource that memorializes
and pays tribute to those in the United States Military who have passed away. It is an
opportunity for the community to gather on a day that is nationally recognized. As such,
the special event is consistent with aforementioned General Plan goal.
B. The proposed activity or use is consistent with other provisions of this Article.
The subject site is located in the Downtown Downey Specific Plan (DDSP), which serves
as the zoning regulation for the area. The development standards of the DDSP are
designed to attract visitors to the downtown, who can then park and walk to their
destination. This special event implements this vision by being a regional draw for
visitors to the downtown. Additionally, there is sufficient parking within walking distance
to accommodate the anticipated attendance.
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
This annual event is temporary and will not result in permanent injury to the public
health, safety, or welfare. Additionally, this event will have security guards and will
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May 15, 2019 – Page 4
comply with all fire and safety codes imposed by the Fire and Police Departments. All
potential impacts have been mitigated within the Conditions of Approval.
CORRESPONDENCE
Staff has not received any correspondence as of the date this report was prepared.
CONCLUSION
Bastard’s American Canteen has been hosting a Memorial Day Event for five years. The event
has generated more interest in the community, and so does the need to occupy a larger space,
which is reflected in the closure of 2nd Street. The Applicant has produced a site plan that
meets all emergency requirements and proposes to manage the event in a manner that the
entire Downey community can enjoy. As such, Staff supports the proposal and recommends
that the Planning Commission adopt a resolution approving the Special Event Permit, subject to
the conditions of approval as stated in Exhibit “A” of the Planning Commission Resolution.
EXHIBITS
A. Maps
B. Site Plan
C. Resolution
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Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
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ZONING MAP
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Exhibit ‘B’ – Site Plan
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMIOSSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN-19-00061) (SPECIAL EVENT) – A REQUEST BY
BASTARD’S AMERICAN CANTEEN TO CONDUCT AN OUTDOOR MEMORIAL DAY
EVENT ON MONDAY, MAY 27, 2019, INCLUSIVE OF A PARTIAL PRIVATE STREET
CLOSURE OF 2ND STREET.
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. Bastard’s American Canteen filed an application on April 26, 2019 requesting approval of
a Special Event Permit to allow the operation of a Memorial Day event on the property
located at 11045 Downey Avenue and zoned DDSP (Downtown Downey Specific Plan);
and,
B. On May 2, 2019, notice of the pending public hearing was sent to all Downey property
owners within 500 feet of the subject site and the notice was published in the Downey
Patriot; and,
C. The Planning Commission held a duly noticed public hearing on May 15, 2019 and after
fully considering all oral and written testimony, facts, and opinions offered 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 4), Minor Alterations to
Land.
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 proposed activity or use will be consistent with the objectives, policies, and general
land uses and programs specified in the City’s General Plan. It is a goal of the General
Plan (8.4) to “Enhance Downey’s Cultural Resources.” This goal is implemented in part
by General Plan Program 8.4.3.2, which states “Support and encourage community
events, such as the Downey Street Faire, Holiday Lane Parade, and ARC walk.” The
annual Memorial Day event is a local resource that memorializes and pays tribute to
those in the United States Military who have passed away. It is an opportunity for the
community to gather on a day that is nationally recognized. As such, the special event is
consistent with aforementioned General Plan goal.
B. The proposed activity or use is consistent with other provisions of this Article. The subject
site is located in the Downtown Downey Specific Plan (DDSP), which serves as the
zoning regulation for the area. The development standards of the DDSP are designed to
attract visitors to the downtown, who can then park and walk to their destination. This
special event implements this vision by being a regional draw for visitors to the
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Resolution No.
Downey Planning Commission
PLN-19-00061- 11045 Downey Avenue
May 15, 2019 – Page 2
downtown. Additionally, there is sufficient parking within walking distance to
accommodate the anticipated attendance.
C. The proposed activity or use will not result in conditions or circumstances contrary to the
public health, safety, and general welfare. This annual event is temporary and will not
result in permanent injury to the public health, safety, or welfare. Additionally, this event
will have security guards and will comply with all fire and safety codes imposed by the
Fire and Police Departments. All potential impacts have been mitigated within the
Conditions of Approval.
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 Special Event Permit, subject
to the Conditions of Approval attached hereto as Exhibit A – Conditions, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of May, 2019.
Steven Dominguez, 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 15th day of May,
2019, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No.
Downey Planning Commission
PLN-19-00061- 11045 Downey Avenue
May 15, 2019 – Page 3
CONDITIONS OF APPROVAL
PLN-19-00061 (SPECIAL EVENT PERMIT)
PLANNING
1) This approval of PLN-19-00061 (Special Event Permit) allows Bastard’s American Canteen
to host a Memorial Day Event on Monday, May 27, 2019 from 12:00 p.m. to 10:00 p.m. This
also includes a partial private street closure of 2nd Street, west of Downey Avenue and east
of New Street, directly adjacent to Bastard’s Canteen.
2) Approved activities for the Memorial Day Event shall consist of:
a) Twenty-five (25) 10’ x 10’ vendor tents located on 2nd Street;
b) One (1) 13-foot beer trailer parked within the parking lot of Bastard’s American Canteen;
c) Two (2) 20’ x 30’ tents for vendors with no canopies and for beer garden, located within
the parking lot of Bastard’s American Canteen. Food, drink, and alcoholic beverage sales
in the parking lot of Bastard’s American Canteen.
d) One (1) 10’ x 10’ stage for live entertainment and one (1) 20’ x 20’ tent located on 2nd
Street. Live entertainment will commence at 12:00 p.m. and end at 8:00 p.m.;
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 same
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.
5) The applicant shall sign an affidavit of Acceptance of Conditions no later than Thursday, May
23, 2019, as provided by the City of Downey.
6) Set up for the event in the parking lot shall occur no earlier than Sunday, May 26, 2019 at 12:00
p.m. Clean-up activities, which include the removal of all tables and chairs, booths, trash
receptacles, stage, electrical equipment, and garbage, shall be removed by Tuesday, May 28,
2019 at 12:00 p.m.
7) Closure of 2nd Street shall not commence prior to Monday, May 27, 2019 at 6:00 a.m. and shall
be reopened by Tuesday, May 28, 2019 at 12:00 a.m.
8) If a generator is to be used, it shall be located a minimum of 25 feet from any property line.
Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the
nearest property line.
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Resolution No.
Downey Planning Commission
PLN-19-00061- 11045 Downey Avenue
May 15, 2019 – Page 4
9) The sale of drug paraphernalia or weapons is prohibited.
10) The Applicant shall ensure that all necessary lighting shall face the main event (booths and
stage). The Applicant shall direct lighting away from Downey Avenue.
11) The Applicant shall obtain any necessary Health Department approvals required for the sale of
food, on or before Thursday, May 23, 2019. The applicant shall provide proof of such approvals
to the City Planner by the same day.
12) The alcohol area shall be contained within a fenced area where patrons may consume alcohol.
13) The owner/applicant shall utilize signage and volunteers to direct traffic to public parking
areas nearby. Volunteers shall be responsible for cleaning the litter on adjoining streets.
14) All vendors must have a City of Downey business license by Thursday, May 23, 2019.
PUBLIC WORKS/ENGINEERING
15) The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event.
16) The Applicant is responsible for providing signage announcing the street closure one week
prior to the event. The placement and design of the signs shall be approved by the
Department of Public Works by Friday, May 17, 2019.
17) The sidewalk to the south of 2nd Street must remain clear at all times to allow pedestrian
access.
18) The private street and parking areas shall be swept clean after the event; there shall be no
hosing down of the parking areas.
19) The owner/applicant 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 Water Resources Control Board; and Ordinance
1142 of the Downey Municipal Code (DMC).
20) The owner/applicant shall obtain all necessary plan approvals and permits by Friday, May
24, 2019.
BUILDING
21) The owner/applicant shall provide sufficient restroom facilities for patrons.
22) The Applicant shall obtain all required electrical permits from the Downey Building and
Safety Department by Thursday, May 23, 2019.
23) Obtain electrical permits and building permits for the stage on or before Thursday, May 23,
2019.
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Resolution No.
Downey Planning Commission
PLN-19-00061- 11045 Downey Avenue
May 15, 2019 – Page 5
24) Submit plans showing the security tents and details for the erection of the stage, on or before
Thursday May 23, 2019.
FIRE
25) All tents, fire protection equipment, cooking equipment, and electrical work (e.g. generator)
must in place and ready for field inspection by 10:00 am on Monday, May 27th, 2019 to
facilitate a fire-life safety inspection by the Downey Fire Department.
26) The applicant shall obtain a special event permit from the City of Downey Fire Department.
Permit shall be obtained through the Fire Prevention Bureau no later than Friday, May 17th,
2019. If inspection is conducted after hours (or on the weekend/holiday) and additional
inspection fee (4 hour minimum) shall be applied as per City of Downey fee schedule.
27) The applicant shall obtain a tent permit from the Fire Department. Tents and membrane
structures having an area in excess of 400 square feet; or tents open on all sides having a
size of 700 square feet or more; or aggregate area of multiple tents placed side by side
without a fire break clearance of 12 feet and exceeding 700 square feet shall require a
separate tent permit [CA Fire Code 3103.2]. Applicant shall ensure a tent permit is obtained
by no later than Friday, May 17th. The tent permit application shall provide a detailed site
plan/map indicating additional detail on generator location and size, tent size and layout,
seating/table plan, cooking equipment location / distance from tents, etc.
28) Tents shall comply with CA Fire Code, CA Code of Regulations, and State Fire Marshal for
flame resistance standards of fabric [CA Fire Code § 3104.3; 3104.4; CCR Title 19 Division
1, §315(d); §335(a)].
29) The applicant shall clarify which tent is operating as a “food tent”, and shall clarify if cooking
operations are planned inside this “food tent” as Fire Code prohibits cooking inside tents or
canopies [CA Fire Code 3104.15.6].
30) Generator shall be properly grounded as per NFPA 70 and the Electrical Code.
31) Generator shall not be located within ten (10) feet of a lot property line.
32) Approved cable bridges shall be provided for electrical cables where subject to physical
damage [CA Fire Code 605.5].
33) Physical barriers (e.g. fences) shall be provided to prevent unwanted access /contact with
generator.
34) The applicant shall maintain occupant load in all structures, buildings, tents, canopies as per
the California Fire Code. Occupant load shall be posted and clearly visible inside
canopy/tents with side walls, assembly hall areas, etc.
35) The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. Currently serviced (tagged) 2A10BC fire extinguishers shall be
provided and clearly visible at seating areas, beer garden tent, tents/stage area [CA Fire
Code 906, CCR Title 19].
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Resolution No.
Downey Planning Commission
PLN-19-00061- 11045 Downey Avenue
May 15, 2019 – Page 6
36) Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices,
BBQs, combustion engines (e.g. generators) [CA Fire Code 3104.7].
37) Smoking is not permitted in any tent. “No Smoking” signs shall be conspicuously posted in all
tents.
38) Tents with occupant load in excess of 50 persons shall have required number of exits and
illuminated exit signs and emergency lighting [CA Fire Code 3103.12.6.1].
39) Crowd managers (clearly identified as such via uniform, vests, shirts, etc.) shall be provided
with duties to maintain egress, assist in evacuation, and maintain fire lanes and site access
[CA Fire Code 403.12.3].
40) The applicant shall provide an updated site map which clearly identifies location of additional
“emergency” pedestrian egress (exiting) on the east and west side of the event along 2nd
Street.
41) The applicant shall clarify if lighting stands will be utilized. The applicant shall provide
additional detail and information on lightings, including, but not limited to, how they are
secured, grounded, protected from physical contact, etc.
42) The applicant shall provide a 3-foot minimum clearance around all fire hydrants. Tents,
stages, generator, etc., shall not obstruct access to fire protection equipment [CA Fire Code
507.5.5].
43) The event shall not obstruct or impede egress from any neighboring occupancy, business,
and/or building.
POLICE
44) The sale of alcoholic beverages shall comply with the requirements of the State Department of
Alcoholic Beverage Control. The Applicant shall provide a copy of this approval to the Downey
Police Department on or before Thursday, May 16, 2019.
45) On or before Monday, May 20th, 2019, the Applicant shall obtain Downey Police Department
approval of a security plan for the event and provide a map of the security locations. The
security plan shall include the services of two (2) City of Downey Police Officers (at
applicant’s expense) patrolling the event from 5:00 p.m. until 10:00 p.m., or until the end of
the event, whichever is later.
46) The Applicant shall provide six (6) licensed security guards on-site during the duration of the
event.
47) Security officers shall be easily identifiable in brightly colored security shirts. The security
shirts shall not resemble the color of Downey Police officers; the shirts shall not be blue or
black.
48) A security guard must be stationed at the beer garden at all times. This security guard will
maintain a head count and check IDs. The consumption of alcoholic beverages is restricted
to the beer garden located within the rear parking lot of Bastard’s American Canteen
restaurant. No one under the age of 21 is allowed within the beer garden.
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Resolution No.
Downey Planning Commission
PLN-19-00061- 11045 Downey Avenue
May 15, 2019 – Page 7
49) Crowd control barriers shall be placed along the perimeter of the event, on 2nd Street
abutting Downey Avenue, along the western closure, and along the driveway of the Porto’s
parking structure on 2nd Street.
50) 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 permit, as
well as with any Police Permit and approved security plan.
51) A clear line of sight on 2nd Street must be maintained throughout the duration of the event.
END OF CONDITIONS
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