HomeMy WebLinkAbout4. PLN-12-00222, 10441 Paramount Blvd (sr)STAFF REPORT
DATE: SEPTEMBER 19, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-12-00222 (SPECIAL EVENT PERMIT) – A REQUEST TO CO NDUCT A
THREE-DAY ANNUAL FUNDRAISER ON OCTOBER 12, OCTOBER 13, AND
OCTOBER 14, 2012, ON PROPERTY LO CATED 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, staff 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-12-00222 (SPECIAL EVENT), TO PERMIT THE OPERATION OF A THREE-DAY ANNUAL
CARNIVAL, (OCTOBER 12, 13 AND 14, 2012) IN CONJUNCTION WITH 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 (S pecial 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, t he City Planner may forward the Special Event
Permit application to the Planning Commission for their decision.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
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: Ro man Catholic Archbishop of L.A.
Our Lady of Perpetual Help School
10441 Downey Avenue
Downey, CA 90241
Ms. Steffani McMains
Representative:
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: September 5, 2012
B. Surrounding Properties
Zone Use
R-3 Multiple-Family Residential
North
R-2 & R-1 5,000 Multiple & Single-Family Residential
East
R-3 Multiple-Family Residential
West
R-3 Multiple-Family Residential
South
PLN-12-00222 – 10441 Downey Ave
September 19, 2012 - Page 2
C. Aerial Photograph
Subject Site
BACKGROUND
On August 27, 2012, 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 12, 13 and 14, 2012. 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 12, 2012, between the hours of 5:00 p.m. and 12:00 a.m. with clean up
activities occur between midnight and 1:00 a.m. the next day.
Saturday, October 13, 2012, 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 14, 2012, between 12 noon and 8:30 p.m. with clean up activities occur
between 8:30 p.m. and 10:30 p.m.
In reviewing the application, staff supports the request for approval of a special event permit.
However, to avoid any potential noise impacts to the adjacent properties, staff recommends the
carnival activities cease at 11:00 p.m. instead of 12:00 a.m. on Friday, October 12. It is important
to note that in the past, the Planning Commission approved the carnival hours to occur from 5:00
p.m. until 10:30 p.m. on Friday, which is the first day of the carnival.
PLN-12-00222 – 10441 Downey Ave
September 19, 2012 - Page 3
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 activi ties. 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 Sch ool will also provide shuttle service between
th th
their Church parking lots on 5 and 6 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-12-00222 (Special
Event), subject to the conditions of approval contained in Exhibit A of the Planning Resolution.
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XHIBIT
A P
ERIAL HOTOGRAPH
Sub ect Site
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NORTH
CITY OF DOWNEY
PLANNING DIVISION
PLN-12-00222 – 10441 Downey Ave
September 19, 2012 - Page 5
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XHIBIT
Zoning
Sub ect Site
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NORTH
CITY OF DOWNEY
PLANNING DIVISION
PLN-12-00222 – 10441 Downey Ave
September 19, 2012 - Page 6
RESOLUTION NO. 12-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00222 (SPECIAL EVENT), TO PERMIT THE OPERATION OF A
THREE-DAY ANNUAL CARNIVAL, (OCTOBER 12, 13 AND 14, 2012) IN CONJUNCTION
WITH OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT
10441 DOWNEY AVENUE, ZONED R-3 (MULTI-FAMILY RESIDENTIAL).
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. On August 27, 2012, Steffani McMains (hereinafter "Applicant") submitted a Land
Use Permit Application requesting approval of a special event permit for the
operation of a carnival, on property at 10441 Downey Avenue (Our Lady of
Perpetual Help School), Downey, California (hereinafter "Subject Site"); and,
B. On September 6, 2012, notice of the pending public hearing was sent to all
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 September 19,
2012, and after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Resolution No. 12-_____ ,
subject to conditions of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed developm ent 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 hearings, 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.
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 t he community and will have family friendly
activities. Approval of the festival is consistent with the General Plan Policy 8.4.3.
B. That the proposed activity or use will be consistent with other provisions of
this article.
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
th th
also provide shuttle service between their Church parking lots on 5 and 6 Streets
to the School site. Therefore, the carnival is consistent with the other provisions of
Article IX of the Municipal Code.
Resolution No. 12-_____
Downey Planning Commission
C. 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).
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-12-00222 (Special Event),
subject to 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.
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PASSED, APPROVED AND ADOPTED this 19 day of September 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
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Commission of the City of Downey at a regular meeting thereof, held on the 19 day of September
2012, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
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Resolution No. 12-_____
Downey Planning Commission
PLN-12-00222 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1) This approval of PLN-12-00222 (Special Event) allows Our Lady of Perpetual Help School
to host a three-day outdoor carnival on October 12, 13 and 14, 2012, on the school parking
lot at 10441 Downey Avenue.
2) Approved activities for Special Event Permit (PLN-12-00222) shall consist of:
a) Tents and booths for carnival games, foods and alcoholic beverages;
b) Live music entertainment; and,
c) Mechanical carnival rides.
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) All outdoor activities shall cease by 11:00 p.m. on Friday, October 12, by 10:30 p.m. on
Saturday, October 13, and by 8:30 p.m. on Sunday, October 14, 2012.
5) Installation of the outdoor accessory uses shall take place no earlier than 7:00 a.m. on
Thursday, October 11, 2012.
6) Clean-up activities, which include the removal of bright lights, all tables and chairs, tents, trash
receptacles, stage, electrical equipment, and garbage shall conclude no later than 10:30 p.m.
on Sunday, October 14, 2012.
7) The removal of accessory uses (including carnival apparatus) shall occur no earlier than 7:00
a.m. on Monday, October 15, 2012.
8) If a generator is to be used, it shall be located a minimum of 10 feet from any property line.
Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the
nearest property line.
9) All necessary lighting shall face the main event (booths and stage) and shall be directed
away from Downey Avenue and any residential uses nearby.
10) During the 3-day event, school member(s) shall walk around the premises every two (2)
hours to remove trash on the subject site and the adjacent streets.
11) Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
12) The sale of alcoholic beverages shall comply with the requirements of the State Department of
Alcoholic Beverage Control.
13) The alcohol area (beer and wine) shall be contained within a “beer garden” area where patrons
may consume alcohol.
14) All required Building Department, Police D epartment and Fire Department permits shall be
obtained prior to the start of the event.
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Resolution No. 12-_____
Downey Planning Commission
POLICE
15) The owner/applicant must provide two (2) licensed security guards on-site during the
duration of the event (October 12, 13 and 14, 2012).
16) Speakers for amplified sound shall not face the adjoining residential properties.
PUBLIC WORKS/ENGINEERING
17) Provide sufficient trash receptacles for the disposal of food and other goods.
18) Parking areas shall be swept clean after the event; there shall be no hosing down of the
parking area.
FIRE
19) The Applicant shall obtain the Fire Department’s approval for the use of any tents.
20) All tents, extinguishers and electrical work must in place by 4:00 p.m. on the Thursday
before the event to enable an inspection by the fire department and building and safety.
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