HomeMy WebLinkAboutPC Resolution 13-2824 RESOLUTION NO. 13 -2824
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 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 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.
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
Resolution No. 13 -2824
Downey Planning Commission
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.
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 013.
of
ouis Morale , Chairman
City Planni • • 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 1 day of May 2013,
by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
C
Mary C.•vanagh, Secreta �7
City Planning Commission
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PLN -12 -00047 (Special Event Permit) — 11040 Brookshire Avenue
March 7, 2012 - Page 2
Resolution No. 13 -2824
Downey Planning Commission
L 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 Tots.
During the event, organization member(s) shall walk around the premises to remove trash on
the subject site (including parking Tots) and the adjacent sidewalks and neighborhoods
(including the Downey Civic Center).
6. Speakers for amplified sound shall face westerly, 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. Additionally, 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 directed away from any residential uses nearby.
L 13. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
PLN -12 -00047 (Special Event Permit) — 11040 Brookshire Avenue
March 7, 2012 - Page 3
Resolution No. 13 -2824
Downey Planning Commission
14. The sale and consumption of alcoholic beverages shall be prohibited.
15. The Applicant shall obtain all permits required 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 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.
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.
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)
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requirements of the Federal Clean Water Act; the General Construction Activities Stormwater
PLN -12 -00047 (Special Event Permit) — 11040 Brookshire Avenue
March 7, 2012 - Page 4
Resolution No. 13 -2824
Downey Planning Commission
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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