HomeMy WebLinkAbout1. PLN-13-00105 - 11040 BrookshireSTAFF REPORT
DATE:
JUNE 19, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00105 (SPECIAL EVENT) - A REQUEST BY CALVARY CHAPEL
CHURCH TO CONDUCT A ONE-DAY FOURTH OF JULY CELEBRATION ON
JULY 4, 2013, WHICH INCLUDES JUM PERS, LIVE ENTERTAINMENT, GAME
BOOTHS, FOOD SALES, AND AN AERIAL FIREWORKS SHOW, ON THE
GROUNDS OF DOWNEY HIGH SCHOOL
LOCATION:
11040 BROOKSHIRE AVENUE
ZONING:
ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY
RESIDENTIAL)
REPORT SUMMARY
The Applicant (Calvary Chapel Church) seeks the Planning Commission’s approval of PLN-13-
00105 regarding a special event permit to allow the Independence Day celebration on the
grounds of Downey High School, on Thursday, July 4, 2013. The proceeds for the event will
benefit Downey High School and Calvary Chapel Church.
The Applicant’s request is made pursuant to Downey 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-13-00105 (SPECIAL EVENT) - A REQUEST BY CALVARY
CHAPEL CHURCH TO CONDUCT A ONE-DAY FOURTH OF JULY
CELEBRATION ON THURSDAY JULY 4, 20 13, FROM 5:00 PM TO 9:30 PM,
WHICH INCLUDES LIVE ENTERTAINMENT, JUMPERS, GAME BOOTHS, FOOD
SALES, AND AN AERIAL FIREWORKS SHOW, ON THE GROUNDS OF
DOWNEY HIGH SCHOOL, LOCATED AT 11040 DOWNEY AV ENUE, AND ZONED
R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY RESIDENTIAL)
BACKGROUND
On May 15, 2013, Mr. Hector Gonzalves, submitted a Land Use Permit Application (PLN-13-
00105) on behalf of Calvary Chapel Church, to request the Planning Commission’s approval of a
special event permit for the Independence Day celebration at Downey High School. The proposed
event will occur on Thursday, July 4, 2013.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
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.
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 buildings 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-13-00105 proposes the Independence Day celebration for the entire community to enjoy.
Activities at the event include live entertainmen t, kid-size jumpers and rides, game booths, ticket
booths, food sales, and the conclusion with an aerial fireworks show.
As this report mentioned previously, the proposed one-day celebration will occur on Thursday, July
4, 2013. The event will take place around the sports fields, just south of Fifth Street. Games, music
and food area will be located west of the sports fields, adjacent to the tennis courts. A fireworks
show will be performed at the scho ol’s baseball field, facing La kewood Boulevard and Stonewood
shopping mall. According to the applicant, fireworks will be displayed for approximately 15 minutes.
Downey High School’s parking lots will be availabl e to carnival guests and participants. There are
about 300 parking spaces in the north parking lot, the easterly lot has 120 spaces, and about 450
parking spaces at the south parking lot (at northeast corner of Brookshire Avenue and Firestone
Boulevard) will be available to guests.
For this year’s event, Downey Hi gh will provide off-duty officers and Calvary Chapel Church will
provide security for the event. If this application is approved, a condition of approval will require
security guards on-site through the entire event. The security guards will be unarmed and they will
be scheduled to work throughout the one-day event on Thursday, July 4, 2013.
These types of events can prove to be a pleasant community affair for the surrounding residents.
Due to the location of the event on the property, staff is not concerned about significant impacts to
surrounding properties. The special event permit application indicates the use of live musicians and
amplified music for the celebration. The stage will be set up in the northwest corner of the sports
fields, approximately 150 feet from the residential properties to the north. To minimize impacts
further, staff has recommended several conditions of approval on the permit, which include, among
other things, amplified speakers to be facing away from residential properties, trash to be picked up
during the event and in the immediate vicinity of the school, and restroom facilities be made
available to patrons.
PLN-13-00105 (Special Event) – 11040 Brookshire Avenue
June 19, 2013 - Page 2
Scheduling event set-up times and site cleanup times are important because these activities affect
parking, traffic circulation at Downey High School, and the adjacent residences. The Applicant
does not indicate set-up times; however, staff assumes that set up activities will begin Wednesday
July 3, 2013, after school lets out. Therefore, staff prepared conditions that require set-up times
shall end not later than 7:00 pm, Wednesday, July 3 and shall not begin before 8:00 am, Thursday,
July 4, 2013. Also, staff recommends a condition to require cleanup times to conclude by 11:30
pm the same day of the event.
Pursuant to Municipal Code Section 9420, consideration of this event is within the discretion of the
Planning Commission. The Commission may also impose conditions of approval that are
necessary to protect the public’s health, safety, and welfare. Staff has provided several conditions
of approval from various City Departments for the Commission’s consideration.
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
outdoor activities, carnivals, fairs, 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 Calvary Chapel Church and Downey High
School, it is open to the public, and it will include food, games, bouncers, live entertainment
and a fireworks show for attendees to enjoy, allowing the proposed activity will be
consistent with the aforementioned General Plan program.
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 celebration is on the grounds of Downey High School, around
the athletic field. 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
activities, carnivals and fairs are permitted, subject to the criteria found in Section 9420 of
the Downey Municipal Code. The one-day outdoor celebration 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,
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because the event will take place on a holiday, July 4 , between 5:00 pm and 9:30 pm,
when school is not in session.
PLN-13-00105 (Special Event) – 11040 Brookshire Avenue
June 19, 2013 - Page 3
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-13-00105 proposes will not result in conditions contrary to the public
health, safety and general welfare given that it is a temporary one-day outdoor event.
Nevertheless, staff is recommending several conditions of approval that including the
applicant to provide licensed security guards on-site during the duration of the event and
amplified speakers shall face away from the adjoining residential properties. These
conditions will address any issues that may arise and 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-13-00105, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development\Nguyen\CASES\Special Event (PC) \11040 Brookshire (Calvary Firework Downey High) July
2013\PLN-13-000105 Staff Report.doc
PLN-13-00105 (Special Event) – 11040 Brookshire Avenue
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EXHIBITS
Project Location
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Zoning Map
PLN-13-00105 (Special Event) – 11040 Brookshire Avenue
June 19, 2013 - Page 5
Aerial Photograph
500’ Radius Map
PLN-13-00105 (Special Event) – 11040 Brookshire Avenue
June 19, 2013 - Page 6
RESOLUTION NO. 13-
_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
PLN-13-00105 (SPECIAL EVENT) - A REQUEST BY CALVARY CHAPEL CHURCH
TO CONDUCT A 1-DAY FOURTH OF JULY CELEBRATION ON THURSDAY JULY 4,
2013, FROM 5:00 PM TO 9:30 PM, WHICH INCLUDES LIVE ENTERTAINMENT,
JUMPERS, GAME BOOTHS, FOOD SALES, AND AN AERIAL FIREWORKS SHOW,
ON THE GROUNDS 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 May 15, 2013, Hector Gonzalves, submitted a Land Use Permit Application
(PLN 13-00105) on behalf of the Downey High School and Calvary Chapel
Church, to request the Planning Commission’s approval of a special event permit
for the Fourth of July celebration at Downey High School, located at 11040
Downey Avenue (hereinafter "Subject Property"),
B. The proposed celebration would occur over a one-day period: July 4, 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 June 7, 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 June 19, 2013,
and after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 13-____ , 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 Calvary Chapel
Church and Downey High School, it is open to the public, and it will include food,
games, bouncers, live entertainment and a fireworks show 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 celebration is on the grounds of Downey High
School, around the athletic field. The subject property is located within the R-2
(Two-Family Residential) and R-3 (Multi ple-Family Residential) zones, where
special events such as outdoor activities, carnivals and fairs are permitted,
subject to the criteria found in Section 9420 of the Downey Municipal Code. The
one-day outdoor celebration 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
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the event will take place on a holiday, July 4 , between 5:00 pm and 9:30 pm,
when school is not in session.
C. The special event PLN-13-00105 proposes will not result in conditions contrary to
the public health, safety and general welfare given that it is a temporary one-day
outdoor event. Nevertheless, staff is recommending several conditions of
approval that including the applicant to provide licensed security guards on-site
during the duration of the event and amplif ied speakers shall face away from the
adjoining residential properties. These conditions will address any issues that
may arise and 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-13-00105
(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 June 2013.
Louis Morales, 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 June
2013, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN-13-00105 (Special Event Permit) – 11040 Brookshire Avenue
June 19, 2013 - Page 2
Resolution No. _____
Downey Planning Commission
PLN-13-00105 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval of PLN-13-00105 (Special Event) allows the Applicant to host a one-day
Independence Day celebration on the grounds of Downey High School, located at 11040
Brookshire Avenue. The hours for the event sha ll be on Thursday, July 4, 2013, from 5:00
p.m. until 9:30 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 Perm it shall consist of live entertainment, kid-size
jumpers and rides, game booths, ticket booths, food sales, and a fireworks show.
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), the adjacent sidewalks and neighborhoods.
6. The Applicant shall direct loudspeakers aw ay from the residential structures nearby.
7. All outdoor activities shall cease by 9:30 p.m. on Thursday, July 4, 2013.
8. Set-up times shall end at 7:00 p.m. on Wednesday, July 3, 2013 and shall not begin before 8:00
a.m. on Wednesday, July 4, 2013.
9. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles,
the generator, electrical equipment, bouncers, stage and garbage shall be completed no later
than 11:30 p.m. the same day of the event (Thursday, July 4, 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.
13. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
PLN-13-00105 (Special Event Permit) – 11040 Brookshire Avenue
June 19, 2013 - Page 3
Resolution No. _____
Downey Planning Commission
14. 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 event, prior to the start of the event.
15. The sale and consumption of alcoholic beverages shall be prohibited.
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. The applicant shall obtain the Fire Department’s approval to discharge fireworks.
21. 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.
22. During the one-day event, cooking is not permitted inside and outside buildings without the
advance approval from the Downey Fire Prevention Bureau.
23. Generators shall not be refueled hot.
POLICE
24. The owner/applicant must provide licensed security guards on-site during the duration of the
event.
PUBLIC WORKS/ENGINEERING
25. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
26. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
PLN-13-00105 (Special Event Permit) – 11040 Brookshire Avenue
June 19, 2013 - Page 4
Resolution No. _____
Downey Planning Commission
27. 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).
28. The owner/applicant shall obtain all necessary plan approvals and permits.
29. Closure of public streets for parking purposes shall not be permitted at any time.
BUILDING
30. Handicap stalls in the parking area must remain accessible for all uses.
31. The owner/applicant shall provide sufficient restroom facilities for patrons.
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