HomeMy WebLinkAbout5. PLN-12-00235- 8141 De PalmaSTAFF REPORT
DATE: OCTOBER 3, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-12-00235 (SPECIAL EVENT) - A RE QUEST BY WARREN HIGH SCHOOL
TO CONDUCT A THREE-DAY CARNIVAL ON OCTOBER 19, 20, AND 21, 2012,
WHICH INCLUDES RIDES, GAME BOOTHS, AND FOOD SALES, ON THE
PARKING LOT OF WARREN HIGH SCH OOL, LOCATED AT 8141 DE PALMA
STREET AND ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
CEQA
Staff has reviewed the proposed use 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 (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 exemptions include temporary uses, such as a
carnival, that will have no permanent effect on the environment.
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-12-00235 (SPECIAL EVENT) AND THEREBY AUTHORIZING THE OPERATION OF A
THREE-DAY CARNIVAL ON OCTOBER 19, 20, AND 21, 2012, WHICH INCLUDES RIDES,
GAME BOOTHS, AND FOOD SALES, ON TH E PARKING LOT OF WARREN HIGH SCHOOL,
LOCATED AT 8141 DE PALMA STREET AND ZONED R-1 5,000 (SINGLE-FAMILY
RESIDENTIAL)
CODE AUTHORITY
The applicant made this request pursuant to Municipal Code Section 9420, which allows
temporary outdoor events, subject to the appr oval of a Special Event Permit. The Planning
Commission’s authority to consider the requested Special Event Permit is set forth in Municipal
Code Section 9420.04 (c), which states that events involving over five hundred (500) people
shall require Commission approval.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
8141 De Palma Street
SITE DESCRIPTION
A. Subject Property
1. Property Information:
Site Location: 8141 De Palma Street
Downey, CA.
AIN 6255015904
2 . Applicant Information:
Property Owner: Downey Unified School District
11627 Brookshire Avenue.
Downey, CA 90241
Applicant: Heidi Llanes (on behalf of Warren High School)
Warren High School
8141 De Palma Street
Downey
, CA
3. CEQA Determination: Categorically Exempt, Class 4
September 20, 2012
4 . Noticing Information:
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 2
B. Surrounding Properties
Zone Use
C-1 (Neighborhood Commercial) and
North Retail (Building Materials Yard)
C-M (Commercial Manufacturing)
R-1 (Single Family Residential) and
Single-Family Residential and
East
R-3 (Multiple-Family Residential)
Apartment Buildings
R-1 5,000 and
Single-Family Residential and
West
C-1(Neighborhood Commercial)
Apartment Buildings
C-1 (Neighborhood Commercial)
Church, Single-Family Residential and
R-1 (Single Family Residential) and
South
Apartment Buildings
R-3 (Multiple-Family Residential)
BACKGROUND
On September 7, 2012, Heidi Llanes, submitted a Land Use Permit Application (PLN 12-00235) to
request the Planning Commission’s approval of a special event permit for a carnival at Warren
High School. The proposed carnival would occur over a three-day period: October 19, 20, and 21,
2012.
Warren High School is at the northeast corner of Paramount Boulevard and De Palma Street. The
school site comprises 1,117,679 square feet of land (approximately 26 acres.) The property has
classroom buildings, administrative offices, sports fields, a swimming pool facility, tennis courts, a
park area at the southwest corner of the school site and three parking lots. The parking lots are
located on the east side of the school (adjacent to Gurley Avenue), on the south side of the school
near the school offices (at De Palma Street) and at the westerly side of the school (adjacent to the
north and south sides of the tennis courts). The southernmost parking lot along Paramount
Boulevard is the primary parking lo t of the school and it will be t he site of the proposed carnival
activities.
The Warren High School property has a General Plan Land Use Designation of “S” (School) and
it is zoned R-1 5,000 (Single-Family Residential).
DISCUSSION
PLN 12-00235 proposes the carnival as a fundraiser for school programs and athletics at Warren
High School. The application did not indicate the number of visitors the proposed special event
would attract, but staff anticipates upwards of 500 persons per day over the three day weekend.
Activities at the carnival include food, game booths, two (2) fun houses, large mechanical carnival
rides, kiddie’s rides, a stage, and school booths where student organizations will sponsor tacos
and games.
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 3
As this report mentioned previously, the proposed three-day carnival will occur on Friday through
Sunday, October 19, 20, and 21, 2012. The carnival will take place in the southerly parking lot of
Warren High School, which borders Paramount Boulevard. The hours proposed for the carnival
will be as follows:
Friday, October 19, 2012, between 5:00 p.m. and 11:00 p.m.
Saturday October 20, 2012, between 1:00 p.m. and 11:00 p.m.
Sunday, October 21, 2012 between 1:00 p.m. and 10:00 p.m.
Warren High School’s parking lots will be available to carnival guests and participants. The
Applicant estimates that 465 parking spaces are available on the subject site, including 100 spaces
in the parking lot north of the tennis courts, 350 parking spaces in the easterly lot adjacent to
Gurley Avenue, and 15 ADA accessible parking spaces adjacent to the school’s administrative
offices along De Palma Street. PLN-12-00235 proposes twenty (20) feet wide fire truck access
lanes at the center and along the perimeter of the carnival area. The fire lanes will be accessible
from two gates along the Paramount Boulevard street frontage and from De Palma Street.
Warren High School hired Olympian Security Company to provide security for the carnival. The
applicant proposes to utilize four (4) security guards per day and one (1) at night. A condition of
approval for PLN-12-00235 will require all security gu ards to wear shirts with “SECURITY” written
in large white letters on the front back, and around arm sleeve bands. The security guards will be
unarmed.
The Applicant does not intend to hire musicians for the carnival; however, Warren students will
perform on the stage during the event. Their activities, as well as the music associated with the
carnival rides, will be amplified. The carnival will be set up in the southerly (Paramount) parking lot,
approximately 100 feet from the residential properties to the west and about 225 feet from the
residential properties to the south. The Applicant proposes to locate a generator near the center of
the carnival area, and adjacent to the large rides.
Set-up activities will begin Wednesday October 17, 2012, after school lets out. Staff proposed
conditions of approval, which require a sweeper truck to clean the school parking lots Sunday
night, for Warren High to assign workers to pick up trash during the carnival and in the immediate
vicinity of the school, and for the carnival operator to provide a clean-up crew that will clean the
school’s parking lot every night before leaving. The Applicant proposes to make restrooms in the
school buildings available to carnival guests.
FINDINGS
Pursuant to the requirements of the Municipal Code, staff recommends that the Planning
Commission make the following findings 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.
The City of Downey General Plan Program No. 1.1.5.3 states, the City shall “promote
recreation and entertainment uses that serve needs of the public.” Inasmuch as the
proposed carnival is a fundraising event for Warren High School athletics and programs at
the school, it is open to the public, and because it will include games, and rides for
attendees to enjoy, allowing the proposed activity will be consistent with the
aforementioned General Plan program.
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 4
2. That the proposed activity or use is consistent with other provisions of Article IX of
the Downey Municipal Code.
The location of the proposed carnival is the southernmost parking lot along Paramount
Boulevard at Warren High School. The subject property is located within the R-1 5,000
(Single-Family Residential) zone, where special events such as outdoor carnivals are
permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The
three-day outdoor carnival will not impinge on the surrounding properties since the special
event is not a permanent alteration to the site. The parking needs for Warren High School
will not be impacted by the by the proposed event, because the carnival will take place on
a Friday evening and on the weekend, when school is not in session.
3. 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 PLN Case No.-12-00235 proposes will not result in conditions contrary to
the public health, safety and general welfare given that it is a temporary three-day outdoor
event. Nevertheless, staff is recommending several conditions of approval, which staff
believes will prevent the event from impacting surrounding sites.
CORRESPONDENCE
As of the date that this report was printed, staff received a telephone call from a homeowner
nearby who expressed concerns about parking, additional traffic in the vicinity, and noise.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-12-00235, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development\Davis\cases\Special Events\P LN-12-00235 (8141 DePalma Warr en HS)\Staff Report.doc
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 5
SITE PHOTOGRAPHS OF THE PROPOSED CARNIVAL AREA
(Views of southerly parking lot from Paramount Boulevard)
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 6
SITE PHOTOGRAPH (EAST PARKING LOT-VIEW FROM GURLEY AVENUE)
PARKING
AREA
EVENT
AREA
PARKING
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AREAS
AERIAL PHOTOGRAPH - W ARREN HIGH SCHOOL
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 7
ZONING MAP
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ZONING LEGEND
DDSP Downtown Downey Specific Plan
R-1 Single-Famil y Residential
R-2 Two-Family Residential
R-3 Multiple-Fam ily Residential
C-2 General Commercial
P-B Parking Buffer
C-M Commercial Manufacturing
H-M Hospital-Medical Arts
C-P Professional Office
M-2 General Manufacturing
PLN-12-00235 (Special Event) – 8141 De Palma Street
October 3, 2012 - Page 8
RESOLUTION NO. 12-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00235 (SPECIAL EVENT) AND THEREBY AUTHORIZING THE
OPERATION OF A THREE-DAY CARNIVAL ON OCTOBER 19, 20, AND 21, 2012,
WHICH INCLUDES RIDES, GAME BOOTHS, AND FOOD SALES, ON THE PARKING
LOT OF WARREN HIGH SCHOOL, LOCATED AT 8141 DE PALMA STREET AND
ZONED R-1 5,000 (SINGLE-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 September 7, 2012, Heidi Llanes, submitted a Land Use Permit Application
(PLN 12-00235) on behalf of Warren High School, to request the Planning
Commission’s approval of a special event permit for a carnival at Warren High
School, located at 8141 De Palma Street (hereinafter "Subject Property").
B. The proposed carnival would occur over a three-day period: October 19, 20, 1n2
21, 2012.
C. The subject property is zoned R-1 5,000 (Single-Family Residential).
D. The General Plan designation of the subject property is “S” (School).
E. On September 20, 2012, notice of the pending public hearing was sent to all
property owners within 500’ of the subject site and it was published in the
Downey Patriot.
F. The Planning Commission held a duly noticed public hearing on October 3, 2012,
and after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted this Resolution, subject to
conditions of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed devel opment 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. The City of Downey General Plan Program No. 1.1.5.3 states, the City shall
“promote recreation and entertainment uses that serve needs of the public.”
Inasmuch as the proposed carnival is a fundraising event for Warren High School
athletics and programs at the school, it is open to the public, and because it will
include games, and rides for attendees to enjoy, allowing the proposed activity
will be consistent with the aforementioned General Plan program.
Resolution No. 12-
Downey Planning Commission
B. The location of the proposed carnival is the southernmost parking lot along
Paramount Boulevard at Warren High School. The subject property is located
within the R-1 5,000 (Single-Family Residential) zone, where special events such
as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of
the Downey Municipal Code. The three- day outdoor carnival will not impinge on
the surrounding properties since the special event is not a permanent alteration
to the site. The parking needs for Warren High School will not be impacted by
the by the proposed event, because the carnival will take place on a Friday
evening and on the weekend, when school is not in session.
C. The special event PLN Case No.-12-00235 proposes will not result in conditions
contrary to the public health, safety and general welfare given that it is a
temporary three-day outdoor event. Nevertheless, staff is recommending several
conditions of approval, which staff believe s will prevent the event from impacting
surrounding sites.
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-12-00236
(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.
PASSED, APPROVED AND ADOPTED this 3rd day of October 2012.
Michael Murray, Chairman
City Planning 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 3rd day of October
2012, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN-12-00235 (Special Event Permit) – 8141 De Palma Street
October 3, 2012 - Page 2
Resolution No. 12-
Downey Planning Commission
EXHIBIT A –
CONDITIONS OF APPROVAL
PLN-12-00235 (SPECIAL EVENT PERMIT)
PLANNING
1. This approval of PLN-12-00235 (Special Event) allows the Applicant to host a three-day
outdoor Carnival on the westerly parking lot area of Warren High School, located at 8141 De
Palma Street in Downey. The hours for the carnival shall be as follows:
Friday, October 19, 2012, between 5:00 p.m. and 11:00 p.m.
Saturday October 20, 2012, between 1:00 p.m. and 11:00 p.m.
Sunday, October 21, 2012 between 1:00 p.m. and 10:00 p.m.
2. 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.
3. Approved activities for this Special Event Permit shall consist of food booths, game booths,
two (2) fun houses, large mechanical carnival rides, kiddies’ rides, a stage, and school booths
where student organizations will sponsor tacos and games.
4. 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.
5. The owner/applicant shall provide trash receptacles on the subject site, including parking
lots. During the event, organization member(s) shall walk around the premises to remove
trash on the subject site (including parking lots) and the adjacent sidewalks and
neighborhoods.
6. Speakers for amplified sound shall face nor therly, away from the adjoining residential
properties.
7. All outdoor activities shall cease by 10:00 p.m. on Sunday, October 21, 2012.
8. Set-up may begin no sooner than 4:00 p.m. on Wednesday, October 17, 2012.
9. The Applicant shall obtain written approval from the Downey Unified School District for the date
and time that set-up activities may begin and the date and time when carnival tear down shall
be completed. A copy of this approval shall be provided to the City Planner on or before
October 12, 2012.
10. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles,
port-a-potties, the generator, electrical equipment, mechanical rides, and garbage shall be
completed no later than 12:00 a.m. on Monday October 22, 2012.
11. The generator shall be located a minimum of 25 feet from any property line. Additi onally, the
generator shall not exceed a noise level of 65 dBA, as measured from the nearest property line.
PLN-12-00235 (Special Event Permit) – 8141 De Palma Street
October 3, 2012 - Page 3
Resolution No. 12-
Downey Planning Commission
12. The Special Event area shall be cordoned off from vehicle traffic.
13. All necessary lighting shall be direct ed away from any residential uses nearby.
14. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
15. The sale and consumption of alcoholic beverages shall be prohibited.
16. The Applicant shall obtain all permits requir ed by the City of Downey Building and Safety
Division, Police Department and Fire Department for mechanical rides, electrical
connections, or other activities associated with the carnival, prior to the start of the event.
17. The Applicant shall ensure that patrons or event equipment (including temporary signage)
does not block public sidewalks.
18. Hand held signs shall not be utilized on public or private property to advertise the event.
19. 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 pr omptly 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.
20. The Applicant shall provide adequate signage on the subject property to direct carnival
guests to restrooms on the Warren High School site.
21. A sweeper truck shall clean the Warren High School parking lots after 10:00 p.m., Sunday
October 21, 2012.
22. The Applicant shall assign workers to pick up trash during the carnival and in the immediate
vicinity of the school.
23. The carnival operator shall provide a clean-up crew that will clean the Warren High School
parking lots every night before leaving the school site.
24. All security guards shall wear shirts with “SECURITY” written in large white letters on the
front back, and around arm sleeve bands.
25. The security guards will be unarmed.
FIRE
26. The applicant shall obtain the Fire Department’s approval for the use of any tents.
PLN-12-00235 (Special Event Permit) – 8141 De Palma Street
October 3, 2012 - Page 4
Resolution No. 12-
Downey Planning Commission
27. 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.
28. During the three-day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
29. Generators shall not be refueled hot.
POLICE
30. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event.
PUBLIC WORKS/ENGINEERING
31. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
32. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
33. The owner/applicant shall maintain the public right-of-way free from any trash and waste
disposal and 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).
34. The owner/applicant shall obtain all necessary plan approvals and permits.
35. Closure of public streets for parking purposes shall not be permitted at any time.
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PLN-12-00235 (Special Event Permit) – 8141 De Palma Street
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