HomeMy WebLinkAboutPC Reso 19-3110RESOLUTION NO. 19-3110
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN -19-00165), THEREBY ALLOWING THE
OPERATION OF A VETERAN'S DAY EVENT ON SUNDAY, NOVEMBER 10, 2019, IN THE
BASTARD'S AMERICAN CANTEEN REAR PARKING LOT AND ADJACENT ALLEY,
LOCATED AT 11045 DOWNEY AVENUE AND ZONED 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. Bastard's American Canteen filed an application on October 10, 2019 requesting
approval of a Special Event Permit to allow the operation of a Veterans Day event on the
property located at 11045 Downey Avenue and zoned Downtown Downey Specific Plan;
and,
B. On October 24, 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 November 6, 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. 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 Veterans Day event 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
Resolution No. 19-3110
Downey Planning Commission
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 (PLN -19-
00165), 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 6th day of November, 2019.
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 6th day of November,
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos, Duarte and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
40V '&�� -
Mary Ca anagh, Secreta
City Planning Commission
PLN -19-00165 — 11045 Downey Avenue
November 6, 2019 — Page 2
Resolution No. 19-3110
Downey Planning Commission
CONDITIONS OF APPROVAL
SPECIAL EVENT PERMIT (PLN -19-00165)
PLANNING
1) This approval of Special Event Permit (PLN -19-00165) allows Bastard's American Canteen
to host a Veterans Day Event on Sunday, November 10, 2019 from 12:00 p.m. to 10:00 p.m.
2) The Veterans Day Event shall consist of:
a) Seventeen (17) 10' x 10' vendor tents located on 2nd Street;
b) One (1) 13 -foot beer trailer parked on the alley between Bastard's American Canteen,
Peking China Restaurant, and Epic Lounge;
c) Two 20' x 20' tents over the 10' x 10' stage and beer trailer;
d) One (1) stage for live entertainment. Live entertainment will commence at 12:00 p.m. and
end at 10:00 p.m.;
e) Various vendors
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) No later than Thursday, November 7, 2019, the applicant shall sign an affidavit of
Acceptance of Conditions, as provided by the City of Downey.
6) All permits must be obtained by specified dates. Failure to obtain any permit by the specified
dates will result in the cancellation of the event and deem this approval as voided.
7) Set up for the event in the parking lot shall occur no earlier than Sunday, November 10, 2019 at
6:00 a.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 Monday, November
11, 2019 at 2:00 a.m.
8) The generator 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 -19-00165 — 11045 Downey Avenue
November 6, 2019 — Page 3
Resolution No. 19-3110
Downey Planning Commission
9) 2nd Street must remain open to vehicular and pedestrian access throughout the duration of
the event.
10) The sale of drug paraphernalia or weapons shall be prohibited.
11) 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.
12) The Applicant shall obtain any necessary Health Department approvals required for the sale of
food, on or before Thursday, November 7, 2019.
13) The alcohol area shall be contained within a fenced area where patrons may consume alcohol.
14) The Applicant shall obtain all required Building Department, Police Department and Fire
Department permits on or before Thursday, November 7, 2019.
15) 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.
16) All vendors must have a City of Downey business license.
17) This event shall be limited to those persons 21 years of age and older.
PUBLIC WORKS/ENGINEERING
18) The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event.
19) All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
20) 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).
21) The owner/applicant shall obtain all necessary plan approvals and permits.
BUILDING
22) The owner/applicant shall provide sufficient restroom facilities for patrons.
23) The Applicant shall obtain all permits from the Downey Building and Safety Department by
Thursday, November 7, 2019.
24) Submit plans showing the security tents and details for the erection of the stage, by
Thursday, November 7, 2019.
PLN -19-00165 — 11045 Downey Avenue
November 6, 2019 — Page 4
Resolution No. 19-3110
Downey Planning Commission
FIRE
25) All tents, fire protection equipment, cooking equipment, and electrical work must in place and
ready for field inspection by 10:00 am on Sunday, November 10, 2019 to facilitate a fire -life
safety inspection by the Downey Fire Department. All tents, extinguishers and electrical work
must in place by noon on the Friday before the event to enable an inspection by the Fire
Department and the Building and Safety Division.
26) 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].
27) Applicant shall ensure a tent permit is obtained no less than two (2) days prior to the
beginning of the special event (Friday, November 8, 2019). 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) Tents shall be properly anchored [CA Fire Code 3103.9].
30) Generators shall not be refueled hot. Generator shall be properly grounded.
31) Physical barriers (e.g. fences) shall be provided to prevent unwanted access /contact with
generator.
32) Minimum 4BC fire extinguisher shall be provided at generator.
33) Generators shall not be located within 10 feet of lot (property line).
34) No cooking shall be conducted inside tents or canopies [CA Fire Code 3104.15.6].
35) 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 walls,
assembly hall area, etc.
36) 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. Currently serviced (tagged) 2A1 OBC fire
extinguishers shall be provided and clearly visible at seating area, beer garden tent,
tents/stage area [CA Fire Code 906, CCR Title 19].
37) 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].
38) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all
tents.
PLN -19-00165 — 11045 Downey Avenue
November 6, 2019 — Page 5
Resolution No. 19-3110
Downey Planning Commission
39) 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].
40) 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].
41) Provide additional detail and information on lighting stands. Provide explanation as to how
they are proposed to be secured, grounded, etc.
42) A 3 -foot minimum clearance shall be provided around all fire hydrants. Tents, stages, etc.
shall not obstruct access to fire protection equipment [CA Fire Code 507.5.4; 507.5.5].
POLICE
43) The Applicant shall have six (6) licensed security guards on-site during the duration of the
event.
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 Friday, November 8, 2019.
45) On or before Friday, November 8, 2019, the Applicant shall obtain Downey Police
Department approval of a security plan for the event and provide a map of the security
locations.
46) 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.
47) 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 approval, as
well as with any Police Permit and approved Security Plan.
48) A security guard shall be stationed at the main entrance for the duration of the event to verify
IDs and a head count.
END OF CONDITIONS
PLN -19-00165 —11045 Downey Avenue
November 6, 2019 — Page 6