HomeMy WebLinkAboutPC Reso 19-3090RESOLUTION NO. 19-3090
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN -19-00063), THEREBY ALLOWING THE
OPERATION OF THE GREEK FESTIVAL ON JUNE 1 AND 2, 2019 IN THE PARKING
LOT OF SAINT GEORGE GREEK ORTHODOX CHURCH LOCATED AT 10830
DOWNEY AVENUE, AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. Saint George Greek Orthodox Church filed an application on May 2, 2019, requesting
approval of a Special Event Permit (PLN -19-00063) to allow the operation of the annual
Greek festival on the property located at 10830 Downey Avenue and zoned DDSP
(Downtown Downey Specific Plan); and,
B On May 3, 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 Press
Telegram on May 5, 2019; 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. 15304 (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. That 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 Greek Festival is a local cultural resource that highlights
Greek culture; and is an important event for the community, just like the street fair and
holiday parade. As such, the special event is consistent with aforementioned General
Plan goal.
B. That the proposed activity or use will be consistent with other provisions of this article in
that the site of the special event proposed by this permit is located within the Downtown
Downey Specific Plan, where special events such as outdoor events and festivals are
permitted, subject to Section 2.4.2 — Temporary Uses and Special Events of the
Downtown Downey Specific Plan. The proposed special event will occur within the
easterly portion of the Saint George Greek Orthodox Church parking lot. The event will
not hinder the movement of traffic or create impacts unto adjoining properties. The
Resolution No. 19-3090
Downey Planning Commission
Applicant will meet the City's parking requirements by securing permission to utilize
approximately 55 parking spaces at Downey United Methodist Church, across the street
from the subject site, and 75 parking spaces on a parking lot owned by First Baptist
Church (8348 East Third Street) to the south. Conditions of approval to address
concerns related to noise, light and glare, and other potential nuisances have been
included.
C. That the proposed activity or use will not result in conditions or circumstances contrary to
the public health, safety, and general welfare. The special event will occur in the parking
lot of the Saint George Greek Orthodox Church. The applicant has secured sufficient
public parking to accommodate the additional traffic generated by the use, which is
within walking distance to the event. Furthermore, this annual event is temporary and
will not result in permanent injury to the public health, safety, or welfare. Finally,
Conditions of approval have been included to mitigate any potential impact.
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 PLN -19-00063,
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.
is
Steven Dominguez, Chairman
City Planning Commie.gion
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:
Owens, Duarte, Frometa, Spathopoulos and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Mary Ca nagh, Secretary
City Pla[ ing Commission
PLN -19-00063 - 10830 Downey Avenue
May 15, 2019 — Page 2
Resolution No. 19-3090
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -19-00063 (SPECIAL EVENT PERMIT)
PLANNING
1) This approval of PLN -19-00063 (Special Event Permit) allows Saint George Greek
Orthodox Church, to host a two-day Greek festival on Saturday, June 1, 2019 and Sunday,
June 2, 2019, between the hours of 11:00 a.m. and 10:00 p.m.
2) Approved activities for the Greek festival shall consist of:
a) One 10' x 40' tent for festival entrance;
b) One 10' x 70' for 5 vendors;
c) One 10' x 80' for 6 vendors;
d) One 10' x 10' raffle booth;
e) One 10' x 45' sweets booth;
f) One 20' x 20' covered eating area;
g) One 20'x 40' covered eating area;
h) Two 10' x 30' food vending area;
i) Three 10'x 20' food/ beverage vending area; and
j) One 20' x 20' covered music area with 3 -foot high, 16'x 16' stage.
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 applicant and the property owner shall sign an affidavit of Acceptance of Conditions,
as provided by the City of Downey, on or before Friday, May 24, 2019.
5) 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.
6) Set up for the event shall occur no earlier than Thursday May 30, 2019. 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, June 4, 2019, by 6:00 p.m.
7) 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.
PLN -19-00063 - 10830 Downey Avenue
May 15, 2019 — Page 3
Resolution No, 1.9-309Q
Downey Plenning Commission
8) The Applicant shall ensure that all necessary lighting shall face the main event (booths
and stage). The Applicant shall direct lighting away from La Villa Street and away from any
residential uses nearby.
9) The Applicant shall obtain any necessary Health Department approvals required for the
sale of food at the Greek Festival, on or before Friday, May 24, 2019.
10) The Applicant shall obtain all required Building Department, Police Department and Fire
Department permits on or Friday, May 24, 2019.
11) 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.
PUBLIC WORKSIENGINEERING
12) The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event.
13) All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
14) 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).
15) The owner/applicant shall obtain all necessary plan approvals and permits.
BUILDING
16) Handicap stalls in the parking area must remain accessible for all uses.
17) The owner/applicant shall provide sufficient restroom facilities for patrons.
18) The Applicant shall obtain all required electrical permits from the Downey Building and
Safety Department by Friday, May 24, 2019.
19) Obtain electrical permits and building permits for sound and ride equipment and the stage
on or before Friday, May 24, 2019.
20) Submit plans showing the security tents and details for the erection of the stage, on or
before Friday, May 24, 2019.
FIR~.
21) Na c®®king shall be eonduoted inside tents or aanepies,
PLN -19-00063 - 10830 Downey Avenue
May 15, 2019 — Page 4
Resolution No. 19-3090
Downey Planning Commission
22) All tents, fire protection equipment, cooking equipment, and electrical work must in place
and ready for field inspection by 9:00 a.m. on Saturday June 1, 2019 to facilitate a fire -life
safety inspection by the Downey Fire Department.
23) The applicant shall obtain a tent permit from the Fire Department on or before Friday, May
24, 2019. 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].
24) Applicant shall ensure a tent permit is obtained no less than seven (7) days prior to the
beginning of the special event. The tent permit application shall provide a detailed site
plan/map indicating additional detail on generator size, fire protection at generator and
cooking areas, tent size and layout, evacuation routes, seating/table plan, etc.
25) 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)].
26) Tents with occupant load in excess of 50 persons shall provide number of exits and
illuminated exit signs and emergency lighting.
27) Generators shall not be refueled hot and shall be properly grounded.
28) Generators shall not be located within 10 feet of a lot (property) line.
29) The Applicant shall provide physical barriers (i.e. fences) to prevent unwanted access and
contact with generators.
30) A minimum of Class 413C fire extinguisher shall be provided at the location of generators.
31) Maintain occupant load in all structures, buildings, tents, canopies as per California Fire
Code. Occupant load shall be posted and clearly visible inside canopy/tents with side
wall, assembly hall area.
32) The Applicant shall provide a timeline for inspection request(s). If inspection is requested
after hours or on the weekend, additional inspection fee (4 hour minimum) may apply as
per city fee schedule.
33) The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. Areas where deep frying cooking operations are occurring shall be
provided with a K -class fire extinguisher. All fire extinguishers shall be provided and
clearly visible at seating area, beer garden tent, tent/stage area, and every 75 feet of
cooking tents.
34) Tents shall be properly anchored. Tents shall not be located within 20 feet of parked
vehicles, open flame or heating devices, combustion engines, and buildings.
35) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in
all tents.
PLN -19-00063 - 10830 Downey Avenue
May 15, 2019 — Page 5
Resolution No. 19-3090
Downey Planning Commission
36) Fire access shall be maintained - fire access roads shall have an unobstructed width of not
less than 20 feet [CA Fire Code 503.2.1] and extend to within 150 feet of all portions of
building facilities [CA Fire Code 503.1.1].
37) A separate fire access site map shall be provided clearly and legibly showing fire access
to site and on-site (property) fire lane with minimum of 20 feet clear width.
38) Liquid petroleum gas shall be stored a minimum distance of 10 feet outside of tents.
Liquid petroleum gas cylinders shall be properly secured to prevent damage.
39) The applicant shall provide trained, easily identifiable crowd manager(s) approved by
Downey Fire Chief. The minimum number of crowd managers shall be established at a
ratio of 1 crowd manager to every 250 persons. The Applicant shall meet with Downey
Fire to determine the specific number of crowd managers required on or before Friday,
May 24, 2019.
POLICE
40) 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 Friday, May 24, 2019.
41) The alcohol area shall be contained within a fenced area where patrons may consume
alcohol.
42) The Applicant shall obtain Downey Police Department approval of a security plan for the
Greek Festival and provide a map of the security locations no later than Friday, May 24,
2019.
43) The Applicant shall provide a minimum of six (6) licensed security guards on-site for the
duration of the event.
44) Festival 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.
END OF CONDITIONS
PLN -19-00063 - 10830 Downey Avenue
May 15, 2019 — Page 6