HomeMy WebLinkAboutPC Reso 19-3109RESOLUTION NO. 19-3109
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN -19-00153), TO PERMIT THE
OPERATION OF A ONE -DAY SPECIAL EVENT "FIESTA DE LAS CALAVERAS"
ON OCTOBER 26TH, 2019, IN CONJUNCTION WITH COURAGE FORWARD
AND ROTARY CLUB OF THE CITY OF DOWNEY ON PROPERTY LOCATED AT
251 STONEWOOD STREET, ZONED S -P 89-1 (STONEWOOD 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. An application was filed by Jesus Torres (hereinafter "Applicant") on September
24, 2019, requesting approval of a Special Event Permit to allow the operation of
a special event, on property at 251 Stonewood Street, known as the Stonewood
Center, Downey, California (hereinafter "Subject Site"), zoned S -P 89-1
(Stonewood Specific Plan); and,
B. On October 3, 2019, the application was deemed complete; and,
C. On October 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 Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on October 16,
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). 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 4 exemptions include temporary uses, such as a circus or festival that will have no
permanent effect on the environment.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. The proposed activity or use is consistent with the objectives, policies, and
general land uses and programs specified in the City's General Plan. The project
is consistent with all applicable objectives, policies, and programs specified in the
City's General Plan. Specifically, the following policies are promoted by the
Special Event Permit: Program 1.1.5.3 — Promote recreation and entertainment
uses that serve the needs of the public. Program 9.1.2.3 — Capitalize on the city's
location within a region with an entertainment -related economic base. The event
is open to the public, includes food booths and live entertainment for attendees to
enjoy. The temporary event adds to the diversity of entertainment options
available to the public. The event seating serves the needs of the public by
Resolution No. 19-3109
Downey Planning Commission
accommodating for 1,000 people. The food and novelty booths are ADA
accessible to meet the needs of the general public. The Applicant will locate both
generators as far away from property lines abutting other commercial or
residential properties, to ensure that is it as far as possible from other properties
to keep excessive noise to a minimum. The proposed special event is consistent
with the aforementioned General Plan programs.
B. The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. Operation of a temporary one -day event will not alter the
use of the site in a way that would deviate from the applicable specific plan. A
condition has been placed to require that the parking lot which is to be used for
the event will be restored back to the condition in which it was before the event.
The proposed event location in the northwest parking lot has ample space for this
use and therefore, would not create any inconsistencies or conflicts with other
uses on site. The proposed event encourages large community gatherings in
outdoor facilities. The proposed event will be located on private property out of
the public right-of-way and the subject site is suited to provide parking required
for the size of the event. The proposed event satisfies the general requirements
for a Special Event per the Downey Municipal Code.
A. The proposed activity or use does not result in conditions or circumstances
contrary to the public health, safety, and general welfare. The temporary event
will occur on the northwest parking lot of the mall. The event will be served by
ample amount of parking spaces on the mall property. Restroom facilities will be
provided on the east and west sides of the proposed event area to accommodate
visitors. The live entertainment stages are located on the east and west sides of
the event space and will face inward to manage noise and reduce potential
impacts to the surrounding residents. The site meets ingress and egress with a
detailed site plan showing where the emergency exits are located. The proposed
event is in conformance with the requirements for ensuring safety and general
welfare for the city. Conditions of approval have been incorporated to address
and minimize potential concerns related to the permitted hours of event, parking,
noise, security, trash receptacle requirements, restroom, and site clean-up.
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 (PLN -19-00153), subject to the 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.
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Resolution No. 19-3109
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2019.
Miguel carte, Vice Chairman
City � anning 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 16th day of October,
2019, by the following vote, to wit:
AYES: COMMISSIONERS: Owens, Frometa, and Spathopoulos
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Dominguez
ABSTAIN: COMMISSIONERS: None
Mary Ca anagh, Secretary
City Plan ing Commission
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Resolution No. 19-3109
Downey Planning Commission
PLN -19-00153 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
The approval of this Special Event Permit allows Courage Forward and Rotary Club of
the City of Downey to host a one -day event (October 26 h, 2019) on the northwestern
parking lot of the Stonewood Mall, which consists of two (2) stages for live entertainment,
booth for food and vendors, and a beer garden located in the parking lot of 251
Stonewood Street.
2. 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.
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. Approval of this Special Event Permit 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.
5. The approved activities for the special event shall consist of 2 live entertainment stages,
food booths, a beer garden area, and vendor booths.
6. Applicant shall obtain all necessary Alcohol Beverage Control permits for the Type 221
license for selling and serving beer for on premise consumption for 503 (c) 3
organizations by October 22, 2019.
7. Complete restoration of the site including any asphalt repair, removal of garbage on site
and the surrounding proximity of the mall must be completed no later than 11:59 p.m. on
Sunday, October 27, 2019.
8. Tree removal is not approved as part of this event, however should a tree be damaged
due to event activity, set-up, or removal; a replacement tree must be installed, of equal
maturity or equivalent box size, satisfactory to the City Planner.
9, All public sidewalks immediately surrounding the festival site must be monitored and
removed of litter throughout the event and at time of final site restoration.
10. Site configuration and operations must remain in substantial conformance with the
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Resolution No. 19-3109
Downey Planning Commission
approved site plan. Modifications to the approved site plan must be approved by the City
Planner.
11. All live entertainment shall cease at 9:00 p.m. on Saturday, October 26, 2019.
12. Set-up shall begin no sooner than 7:00 a.m. on Friday, October 25, 2019.
13. All necessary lighting shall be directed away from nearby residential uses.
14. All speakers associated with performances must be positioned to direct noise away from
nearby residential uses. Event must comply with applicable Downey Municipal Code
regulations related to noise.
15. Any necessary Health Department approvals required for the sale of food shall be
obtained no later than October 22, 2019. Appropriate documentation reflecting approval
must be submitted to the City Planner by the same day.
16. The Applicant shall obtain all permits required by the City of Downey Building and Safety
Division, Police Department and Fire Department for activities associated with the event
no later than October 17, 2019. Appropriate documentation reflecting approval must be
submitted to the City Planner by the same day.
17. Signs or banners advertising the event are not allowed outside of the proximity of the
immediate event area. In addition, hand held signs shall not be utilized on public or
private property to advertise the event.
BUILDING AND SAFETY
18. All construction shall comply with the most recent adopted City and State building codes:
2016 California Building Code
2016 California Electrical Code
2016 California Mechanical Code
2016 California Plumbing Code
2016 California Fire Code
2016 California Green Code
19. All projects including food service or Public pools and/or spas shall be checked and
approved by the County Health Department as part of the building department plan
review process.
20. Temporary structures that cover an area greater than 120 square feet and used for the
gathering of 10 or more persons require permits. The construction documents shall
include a site plan indicating the location of the temporary structure and information
delineating the means of egress and the occupant load. The temporary structure shall be
located in accordance with the requirements of California Building Code Table 602
based on the fire -resistance rating of the exterior walls proposed type of construction (10
feet minimum from property line based on Type VB).
21. Temporary structures or facility shall meet the requirements of Chapter 11 B of the
California Building Code. Site plan shall include a site accessibility plan identifying
exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp,
curb ramps, handrails, signage and truncated domes. Path of travel shall be provided
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Resolution No. 19-3109
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from the public right of way and accessible parking to building or facility. The design
professional shall ensure that the site accessibility plan is compliance with the latest
Federal and State regulations.
PUBLIC WORKS
22. The owner/applicant shall obtain all necessary plan approvals and permits.
23. The facility must provide adequate trash receptacles (refuse/recycle) for the event.
24. The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act; and Ordinance 1142 of
the Downey Municipal Code (DMC).
25. Parking lot maintenance by water hosing method shall be prohibited at all times (refer to
Attachment A: Best Management Practice).
26. The owner/applicant shall ensure that all participants in the walk obey all traffic signs and
laws.
FIRE DEPARTMENT
The following comments pertain to a fire review of a submitted design review plan(s). The
comments contained herein shall not be construed as complete or encompassing all fire -life
safety code requirements as set forth in local, State, and/or National codes.
27. The applicant shall obtain a special event permit from City of Downey Fire Department.
Permit shall be obtained through the Fire Prevention Bureau no later October 17th. If
inspection is conducted after hours (or on the weekend/holiday) an additional inspection
fee (4 hour minimum) shall be applied as per city fee schedule.
28. 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 October 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.
29. 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)]
30. Clarify where cooking/food prep to be performed. Fire Code prohibits cooking inside
tents or canopies. [CA Fire Code 3104.15.6].
31, Generators electrical cables shall be provided with approved cable bridges or other
approved method to protect electrical cables from physical damage [CA Fire Code
605.5]; physical barriers (e.g. fences) shall be provided to prevent unwanted access
/contact with generator.
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Resolution No. 19-3109
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32. Generators shall not be located within 10 feet of lot (property line)
33. 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 3103.12.6.11
34. The Applicant shall provide fire extinguishers in accordance with California Fire Code.
Currently serviced (tagged) 2A10BC fire extinguishers shall be provided and clearly
visible at seating area, tents/stage area, and generator area [CA Fire Code 906, CCR
Title 19]
35. 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]
36. Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in
all tents.
37. Event shall not obstruct or impede egress from any occupancy, business, and/or
building.
38. Provide an approved barrier to prevent vehicles from entering the parking lot
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. Crowd managers shall be required for an event involving the gathering of
more than 1,000 persons. Please provide information as to anticipated crowd size.
Crowd managers shall be established at ratio of one crowd manager for every 250
persons and their duties to include: conduct inspections to identify fire hazards, verify
permit compliance, direct and assist event attendees in evacuation during an emergency,
assist emergency response personnel where requested [CA Fire Code §403.12.3;
403.12.3.1; 403.12.3.3].
40. If the event shall require a crowd manager(s), then an IAP (Incident Action Plan) or
Emergency Action Plan (EAP) shall be required for emergency planning purposes.
POLICE DEPARTMENT
41. The owner/applicant must provide licensed security guards on-site during all carnival
hours, including six (6) Downey Police Department Officers and a minimum of four (4)
licensed security guards.
42. Prior to the start of the event, the Applicant shall obtain Downey Police Department
approval of a security plan for the carnival and provide a map of the security locations.
The security plan and map shall be submitted to the Downey Police Department no later
than October 22, 2019.
43. Event security officers shall be easily identifiable in brightly colored security shirts. The
security shirts shall not resemble the shirt/uniform colors of Downey Police officers; they
shall not be blue or black. All security guards shall wear shirts with "SECURITY" written
in large white letters on the front, back, and around arm sleeve bands. The security
guards shall be unarmed.
END OF CONDITIONS
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