HomeMy WebLinkAbout2. PLN-13-00065 -11040 BrookshireSTAFF REPORT
DATE:
MAY 1, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-13-00065 (SPECIAL EVENT) - A RE QUEST BY DOWNEY HIGH SCHOOL
BASEBALL BOOSTERS TO CONDUCT A THREE-DAY CARNIVAL ON MAY 10,
11, AND 12, 2013, WHICH INCLUDES CARNIVAL RIDES, CARNIVAL
MUSIC,GAME BOOTHS, AND FOOD SA LES, ON THE PARKING LOT OF
DOWNEY HIGH SCHOOL
LOCATION:
11040 DOWNEY AVENUE
ZONING:
ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY
RESIDENTIAL)
REPORT SUMMARY
The Applicant seeks the Planning Commission’s approval of PLN-13-00065 regarding a special
event permit to allow a carnival to take place on the parking lot of Downey High School over the
course of a three-day weekend (May 10, 11, and 12, 2013). The proceeds for the carnival will
benefit Downey High Athletic programs.
The Applicant’s request is made pursuant to Municipal Code Section 9420, which allows temporary
outdoor events, subject to the approval 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. As such, staff recommends that the Planning Commission adopt the
following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY PLN-13-00065 ( SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH
SCHOOL BASEBALL BOOSTERS TO CONDUCT A THREE-DAY CARNIVAL
ON MAY 10, 11, AND 12, 2013, WHICH INCLUDES CARNIVAL RIDES,
CARNIVAL MUSIC, GAME BOOTHS, AND FOOD SALES, ON THE PARKING
LOT OF DOWNEY HIGH SCHOOL, LOCATED AT 11040 DOWNEY AVENUE,
AND ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY
RESIDENTIAL)
BACKGROUND
On March 20, 2013, Heidi Llanes, submitted a Land Use Permit Application (PLN 12-00047) on
behalf of the Downey High School Baseball Boosters, to request the Planning Commission’s
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
approval of a special event permit for a carnival at Downey High School. The proposed carnival
would occur over a three-day period: May 10, 11, and 12, 2013.
Downey High School is at the northeast corner of Brookshire Avenue and Firestone Boulevard.
The school site comprises five parcels and approximately 42 acres land with classroom buildings,
administrative offices, sports fields, a swimming pool facility, and tennis courts. A construction
project is underway involving a multi-story classroom building along the westerly side of the school
site. Downey High School also has three parking lots that are located at the northerly side of the
school (adjacent to the swimming pool and tennis courts), on the east side of the school (south of
the baseball field), and at the southwest area of the school property immediately adjacent to
Brookshire Avenue and Firestone Boulevard. A driveway on Brookshire Avenue provides access
to the parking lot on the northerly side of the school, a driveway aisle on Lakewood Boulevard
provides access to the easterly parking lot, and two driveways (one on Brookshire Avenue and
another on Firestone Boulevard) provide vehicular access to the southerly parking lot. This parking
lot is the primary parking lot of the school and it will be the site of the proposed carnival.
The Downey High School property has a General Plan Land Use Designation of M-U
(Mixed Use) and it is zoned R-2 (Two-Family Residential) and R-3 (Multiple-Family
Residential). Single family dwellings and apartment buildings border the north side of the
school, single-family dwellings and office bui ldings border the east, the Downey Civic
Center is west of the subject site on the opposite side of Brookshire Avenue, and retail uses
exist on the south side of Firestone Boulevard and south of Downey High School.
DISCUSSION
PLN 13-00065 proposes the carnival as a fundrai ser to raise money for Downey High School
athletic programs. Activities at the carnival in clude large carnival rides, kid-size rides, carnival
music, game booths, ticket booths, and food sales.
As this report mentioned previously, the proposed three-day carnival will occur on Friday through
Sunday, May 10, 11, and 12, 2013. The carnival will take place in the southerly parking lot of
Downey High School, which borders Brookshire Avenue and Firestone Boulevard. The hours
proposed for the outdoor carnival will be as follows:
Friday, May 10, 2013: 5:00 p.m. and 11:00 p.m.
Saturday, May 11, 2013: 1:00 p.m. and 11:00 p.m.
Sunday, May 12, 2013: 1:00 p.m. and 10:00 p.m.
Downey High School’s parking lots will be available to carnival guests and participants. There are
about 300 parking spaces in the north parking lot, the easterly lot has 120 spaces, and the 100
parking spaces will remain in the east end of the south parking lot after the carnival rides and
booths are in place.
For last year’s carnival, a private firm to provided security for the carnival. If this application is
approved, a condition of approval will require security guards again, and they shall wear blue shirts
with “SECURITY” written in large white letters on the front back, and around arm sleeve bands to
make their presence obvious. The security guards will be unarmed and they will be scheduled to
work the following days and times:
Wednesday, May 8: 2 guards 11pm to 5am (equipment protection)
Thursday, May 9: 2 guards 11pm to 5am (equipment protection)
PLN-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 2
Friday, May 10: 6 guards and 1 school security from 5pm to 12am
2 guards 12am to 8am
Saturday, May 11: 2 guards and 1 school security 3pm to 11pm
4 guards 5pm to 12am
2 guards 12am to 8am
Sunday, May 12: 6 guards and 1 school security 3pm to 11pm
The special event application does not mention the use of live musicians or amplified music for the
carnival, other than the music associated with the carnival rides. The carnival will be set up in the
southerly parking lot, approximately 500 feet from the residential properties to the east, and about
1,200 feet from the residential properties to the north. They propose to locate a generator in the
southwest area of the southerly parking lot, adjacent to the construction area.
Scheduling carnival set-up times and site cleanup times are important because these activities
affect parking and traffic circulation at Downey High School and the Downey Civic Center. Staff
assumes that set up activities will begin Wednesday May 8, 2013, after school lets out. The
Applicant is required to use a street sweeper to the school parking lots Sunday night. Visitors might
be inclined to use the City’s parking lots across the street since they are in close proximity to
Downey High School; therefore, the sweepers will clean those lots as well. The Applicant is also
required to pick up trash during the carnival and in the immediate vicinity of the school. The
carnival operator also has a clean-up crew; they will clean the school’s parking lot every night
before leaving.
ENVIRONMENTAL ANALYSIS
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.
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 event is a fundraising event to benefit the athletic programs of Downey High
School, it is open to the public , and it will include food, game s, and rides for attendees to
enjoy, allowing the proposed activity will be consistent with the aforementioned General
Plan program.
PLN-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 3
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 at Downey High
School. The subject property is located within the R-2 (Two-Family Residential) and R-3
(Multiple-Family Residential) zones, 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 Downey 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-13-00065 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 that will prevent the
event from impacting surrounding sites.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence regarding
this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-13-00065, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development\Davis\cases\Special Even ts\PLN-13-00065 (11040 Broo kshire Downey High)\Staff
Report.doc
PLN-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 4
EXHIBITS
SITE LOCATION
11040 Brookshire Avenue
PLN-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 5
1
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2
ZONING MAP
Zoning Legend
1 DDSP Downtown Downey Specific Plan
2 SP 89-1 Stonewood 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-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 6
SITE PHOTOGRAPH
AERIAL PHOTOGRAPH
PLN-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 7
AERIAL PHOTOGRAPH OF EVENT AREA
PLN-13-00065 (Special Event) – 11040 Brookshire Avenue
May 1, 2013 - Page 8
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
PLN-13-00065 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH SCHOOL
BASEBALL BOOSTERS TO CONDUCT A THREE-DAY CARNIVAL ON MAY 10, 11,
AND 12, 2013, WHICH INCLUDES CARNIVAL RIDES, CARNIVAL MUSIC, GAME
BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL,
LOCATED AT 11040 DOWNEY AVENUE, AND ZONED R-2 (TWO-FAMILY
RESIDENTIAL) AND R-3 (MULTIPLE-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 March 20, 2013, Heidi Llanes, submitted a Land Use Permit Application (PLN
13-00065) on behalf of the Downey High School Athletic Programs, to request
the Planning Commission’s approval of a special event permit for a carnival at
Downey High School, located at 11040 Downey Avenue (hereinafter "Subject
Property"),
B. The proposed carnival would occur over a three-day period: May 10, 11, and 12,
2013
C. The subject property is zoned R-2 (Two-Family Residential) and R-3 (Multiple-
Family Residential).
D. The General Plan designation of the subject property is MU (Mixed Use).
E. On April 18, 2013, 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 May 1, 2013,
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 event is a fundraising event to benefit the athletic
programs of Downey High School, it is open to the public, and it will include food,
games, and rides for attendees to enjoy, allowing the proposed activity will be
consistent with the aforementioned General Plan program.
Resolution No. _____
Downey Planning Commission
B. The location of the proposed carnival is the southernmost parking lot at Downey
High School. The subject property is located within the R-2 (Two-Family
Residential) and R-3 (Multiple-Family Re sidential) zones, 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 Downey High School will not be
impacted by the by the proposed event, bec ause the carnival will take place on a
Friday evening and on the weekend, when school is not in session.
C. The special event PLN-13-00065 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 that 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-13-00065
(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 1st day of May 2013.
Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
st
Commission of the City of Downey at a regular meeting thereof held on the 1 day of May 2013,
by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN-12-00047 (Special Event Permit) – 11040 Brookshire Avenue
March 7, 2012 - Page 2
Resolution No. _____
Downey Planning Commission
EXHIBIT A –
CONDITIONS OF APPROVAL
PLN-13-00065 (Special Event Permit)
PLANNING
1. This approval of PLN-13-00065 (Special Event) allows the Applicant to host a three-day
outdoor Carnival on the south parking lot area of Downey High School, located at 11040
Brookshire Avenue. The hours for the carnival shall be as follows:
Friday, May 10, 2013: 5:00 p.m. and 11:00 p.m.
Saturday, May 11, 2013: 1:00 p.m. and 11:00 p.m.
Sunday, May 12, 2013: 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, food trucks,
game booths, a fun house, and large mechanical rides.
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 (including the Downey Civic Center).
6. Speakers for amplified sound shall face we sterly, away from the adjoining residential
properties.
7. All outdoor activities shall cease by 10:00 p.m. on Sunday, May 12, 2013.
8. Set-up may begin no sooner than 4:00 p.m. on Wednesday, May 8, 2013.
9. 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 May 13, 2013.
10. 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.
11. The Special Event area shall be cordoned off from vehicle traffic.
12. All necessary lighting shall be direct ed away from any residential uses nearby.
PLN-12-00047 (Special Event Permit) – 11040 Brookshire Avenue
March 7, 2012 - Page 3
Resolution No. _____
Downey Planning Commission
13. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
14. The sale and consumption of alcoholic beverages shall be prohibited.
15. 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.
16. The Applicant shall ensure that patrons or event equipment (including temporary signage)
does not block public sidewalks.
17. Hand held signs shall not be utilized on public or private property to advertise the event.
18. 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.
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 noon on the Friday before the
event to enable an inspection by the Fire Department and the Building and Safety Division.
21. During the three-day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
22. Generators shall not be refueled hot.
POLICE
23. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event.
PUBLIC WORKS/ENGINEERING
24. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
25. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
PLN-12-00047 (Special Event Permit) – 11040 Brookshire Avenue
March 7, 2012 - Page 4
Resolution No. _____
Downey Planning Commission
26. 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).
27. The owner/applicant shall obtain all necessary plan approvals and permits.
28. Closure of public streets for parking purposes shall not be permitted at any time.
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