HomeMy WebLinkAboutPLN-11-00197-staff report, 10441 Downey Avenue
STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: SEPTEMBER 21, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT
PLANNER SUBJECT: PLN-11-00197 (SPECIAL EVENT PERMIT) – A REQUEST TO CONDUCT A THREE-DAY ANNUAL FUNDRAISER ON OCTOBER 14, OCTOBER 15, AND OCTOBER 16, 2011, ON PROPERTY LOCATED AT 10441
DOWNEY AVENUE, ZONED R-3 (MULTI-FAMILY RESIDENTIAL). CEQA Staff has reviewed the proposed special event for compliance with the California Environmental Quality Act (CEQA). Upon completion
of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15304(e), 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 the California Environmental Quality
Act. Class 4 consists of minor alterations to the condition of land, including approval of temporary land uses that have a negligible or no permanent effects on the environment. It is
staff’s opinion that the temporary outdoor event will not have a permanent effect on the environment; therefore it qualifies for the Class 4 exemption. RECOMMENDATION: Staff recommends
that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00197 (SPECIAL EVENT), TO PERMIT THE
OPERATION OF A THREE-DAY ANNUAL CARNIVAL, (OCTOBER 14, 15 AND 16, 2011) IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 DOWNEY AVENUE, ZONED R-3
(MULTI-FAMILY RESIDENTIAL). CODE AUTHORITY Section 9420 of the Downey Municipal Code (Special Events) provides the regulations for special events. It states that if an event is of a
scale or use that may result in extensive potential impacts to the community, even temporary, the City Planner may forward the Special Event Permit application to the Planning Commission
for their decision.
PLN-11-00197 – 10441 Downey Ave September 21, 2011 -Page 2 SITE LOCATION 10441 DOWNEY AVE SITE DESCRIPTION A. Subject Property 1. Property Information: Site Location: 10441 Downey Ave
AIN 6252-024-003, 011, 013 & 014 2. Applicant Information: Property Owner: Representative: Roman Catholic Archbishop of L.A. Our Lady of Perpetual Help School 10441 Downey Avenue Downey,
CA 90241 Ms. Steffani McMains Our Lady of Perpetual Help School 10441 Downey Avenue Downey, CA 90241 (562) 869-9969 3. CEQA Determination: Categorically Exempt, Class 4 4. Noticing Information:
Applicant Notification: August 24, 2011 B. Surrounding Properties Zone Use North R-3 Multiple-Family Residential East R-2 & R-1 5,000 Multiple & Single-Family Residential West R-3 Multiple-Family
Residential South R-3 Multiple-Family Residential
PLN-11-00197 – 10441 Downey Ave September 21, 2011 -Page 3 C. Aerial Photograph BACKGROUND On August 2, 2011, Steffani McMains, a representative from Our Lady of Perpetual Help School
submitted a letter requesting permission to conduct a carnival on the parking lot of the school (attached) on October 14, 15 and 16, 2011. Additionally, the School submitted a plot plan
(attached) depicting the layout of the proposed carnival. The subject site is a 4.17-acre rectangular shaped lot that is located just north of Cherokee Drive, between Downey Avenue and
La Reina Avenue. The subject site is zoned R-3 (Multi-Family Residential) and is currently improved with the Our Lady of Perpetual Help School. DISCUSSION/ANALYSIS According to the applicant,
the carnival is an annual event. Its purpose is to help raise money to make capital improvements to the school. The school has operated this annual carnival since 1998. Activities at
the carnival include the sale of a variety of foods and alcoholic beverages, outdoor entertainment and games, and the operation of mechanical carnival rides. Off-street parking will
be provided on the subject site. The proposed hours and days of the outdoor carnival are: Friday, October 14, 2011, between the hours of 5:00 p.m. and 10:30 p.m. with clean up activities
occur between 10:30 p.m. and 11:30 p.m. Saturday, October 15, 2011, between 12 noon and 10:30 p.m. with clean up activities occur between 10:30 p.m. and 11:30 p.m. Sunday, October
16, 2011, between 12 noon and 8:30 p.m. with clean up activities occur between 8:30 p.m. and 10:30 p.m. In addition, the applicant states that the removal of accessory uses including
carnival apparatus will occur between 7:00 a.m. and 8:00 p.m. on Monday, October 17, 2011. Subject Site
PLN-11-00197 – 10441 Downey Ave September 21, 2011 -Page 4 It is staff’s opinion that the other activities described in their letter as part of the fund raising activities are viewed
as incidental activity to the church and school. Pursuant to Municipal Code Section 9420, consideration of this type of incidental use is within the discretion of the Commission. Furthermore,
it is within the Planning Commission’s discretion to impose any conditions of approval that the Commission finds necessary to protect the public’s health, safety, and welfare. In addition
to the Planning Division’s conditions of approval, the applicant shall conform to conditions as required by various City Departments. FINDINGS Pursuant to the requirements of the Municipal
Code, the following findings shall be made in order for the Planning Commission to approve the request. 1. 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. General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,” which in part is implemented
by Program 8.4.3.2 that states “Support and encourage community events…” The proposed Special Event Permit will allow a three-day carnival that is open to the community and will have
family friendly activities. Approval of the festival is consistent with the General Plan Policy 8.4.3. 2. That the proposed activity or use is consistent with other provisions of Article
IX of the Downey Municipal Code. The proposed special event will be located within the southerly portion of the school parking lot. The event will utilize temporary structures only and
operation of the event will not hinder the movement of traffic (on and/or off site) or create impacts unto adjoining properties. Also, there is sufficient parking on-site and the School
will also provide shuttle service between their Church parking lots on 5th and 6th Streets to the School site. Therefore, the carnival is consistent with the other provisions of Article
IX of the Municipal Code. 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. As noted previously
in this report, the proposed event will not create a significant impact to surrounding properties. The location of the event will not hinder traffic circulation or pedestrian movement.
The event will not create a condition of circumstance that is contrary to the general public health, safety, or welfare. As such, conditions have been imposed to prevent such conditions
and circumstances (see Exhibit A – Conditions, of this Resolution). CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this
matter. CONCLUSION After considering the information provided by the applicant and contained in this report, staff feels that any potential impacts can be mitigated with the recommended
conditions of approval. As such, staff recommends that the Planning Commission approve PLN-11-00197 (Special Event), subject to the conditions of approval contained in Resolution No.
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PLN-11-00197 – 10441 Downey Ave September 21, 2011 -Page 5 EXHIBIT 1 AERIAL PHOTOGRAPH NORTH CITY OF DOWNEY PLANNING DIVISION Subject Site
PLN-11-00197 – 10441 Downey Ave September 21, 2011 -Page 6 EXHIBIT 2 Zoning NORTH CITY OF DOWNEY PLANNING DIVISION Subject Site City of Paramount