HomeMy WebLinkAboutPC Resolution 13-2828 RESOLUTION NO. 13 -2828
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -13 -00053 (SPECIAL EVENT), A REQUEST TO ALLOW IGLESIA
DE CRISTO CHURCH TO CONDUCT A ONE -DAY SPRING FESTIVAL ON
SATURDAY, JUNE 1, 2013 FROM 10:00 AM TO 6:00 PM, AT 12145 WOODRUFF
AVE, ZONED C -1 (NEIGHBORHOOD COMMERCIAL).
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. An application was filed by Enzo Calandra (hereinafter "Applicant") requesting
approval of PLN -13 -00053 (Special Event), a request to permit Iglesia De Cristo
Church the operation of a one -day Spring Festival on Saturday, June 1, 2013,
from 10:00 am to 6:00 pm, at 12145 Woodruff Avenue, zoned C -1
(Neighborhood Commercial); and,
B. On May 2, 2013, 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 May 15, 2013,
and after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 13 -2828, 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. 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
one -day festival that is open to the community and will have family friendly
activities. As such, 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 activity is located within the C -1 (Neighborhood Commercial) zone
where special events such as outdoor events and festivals are permitted, subject
to the approval of the City Planner or the Planning Commission. Said special
Resolution No. 13 -2828
Downey Planning Commission
event will occur within the southerly portion of the church in a parking lot.
Temporary structures will be utilized and operation of the event will not hinder
vehicular movements on site or off site, nor create impacts unto adjoining
properties. Also, there is sufficient parking on -site and the applicant is providing
additional parking spaces at the various locations nearby. As such, the festival is
consistent with the provisions of Article IX.
C. That the proposed activity or use will not result in conditions or
circumstances contrary to the public health, safety, and general welfare.
It is staffs opinion that approving the PLN -13 -00053 (Special Event) will not result
in conditions contrary to the public health, safety and general welfare given that it
is a temporary one day event. Nevertheless, conditions of approval have been
imposed to prevent such conditions and circumstances that may be contrary to
the public health, safety and welfare (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 -13 -00053
(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 15 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
Commission of the City of Downey at a regular meeting thereof held on the 15 day of May
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez and Morales
ABSENT: COMMISSIONERS: Kiefer
NOES: COMMISSIONERS: None
L iah, (2/(v), •C__-
Mary C.vanagh, Secretary
City Planning Commission
PLN -13 -00053 — 12145 Woodruff Ave
May 15, 2013 - Page 2
Resolution No. 13 -2828
Downey Planning Commission
PLN -13 -00053 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval allows Iglesia de Cristo Church to operate an outdoor event (Spring Festival)
on Saturday, June 1, 2013, from 10:00 a.m. to 6:00 p.m. Approved activities consist of the
following:
• 75 canopies to accommodate the serving of food and non - alcoholic beverages;
• Carnival -type games;
• A 20' x 40' raised stage for outdoor entertainment (live music with amplified sound);
• Three (3) 22' x 22' x 15' high jumpers; and
• Six (6) pony rides (no mechanical rides).
2. The owner /applicant shall provide trash receptacles on the subject site, including parking
lots. During the event, organized member(s) shall walk around the premises every two (2)
hours to remove trash on the subject site (including parking lots) and the adjacent streets.
3. If a temporary generator is to be used, it shall not exceed a noise level of 65 dBA.
4. Speakers for amplified sound shall not face the adjoining residential properties.
5. All outdoor activities shall cease by 6:00 p.m. on Saturday, June 1, 2013.
6. Set -up will begin Friday, May 31, 2013, between the hours of 8:00 a.m. and 7 p.m.
7. Site clean -up, which includes the removal of all canopies, jumpers and garbage, shall be
completed Saturday, June 1, 2013, between the hours of 6:00 p.m. and 8:00 p.m.
8. The owner /applicant is required to provide paved off - street parking for the event attendees
and hold letters of agreement from the property owners for any off - street parking
arrangement. Said off - street parking shall be located at: 12229 Woodruff Avenue, 12152
Woodruff Avenue, 12209 Woodruff Avenue, 12105 -12125 Woodruff Avenue, 12222
Woodruff Avenue, 12200 Woodruff Avenue, and 9501 Washburn Road.
9. All necessary lighting shall face the main event (booths and stage) and shall be directed
away from Cornuta Avenue and any residential uses.
10. 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.
PLN -13 -00053 — 12145 Woodruff Ave
May 15, 2013 - Page 3
Resolution No. 13 -2828
Downey Planning Commission
11. All required Building Division, Fire Department, and Health Department approvals shall be
obtained prior to the start of the event.
12. The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions of approval, if such modifications achieve substantially the
same results as would strict compliance with said plans and conditions.
FIRE
13. The owner /applicant shall obtain the Fire Department's approval for the use of any tents.
14. If a generator is to be used, it shall be located a minimum distance of 10 feet from any
structure.
15. All tents, extinguishers and electrical work must in place by 4:00 p.m. on the Friday before
the event to enable an inspection by the fire department and building and safety.
PUBLIC WORKS /ENGINEERING
16. The owner /applicant shall provide sufficient trash receptacles on -site and off -site for the
disposal of food and trash.
17. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
18. 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).
BUILDING
19. Handicap stalls in the parking area must remain accessible for all uses.
H: \Community Development\Nguyen \CASES \Special Event (PC) \12145 Woodruff (Iglesia De Cristo) March 2013\PLN -13 -00053 reso
and conditions.doc
PLN -13 -00053 — 12145 Woodruff Ave
May 15, 2013 - Page 4