HomeMy WebLinkAboutPC Resolution 13-2833 RESOLUTION NO. 13-2833
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 Gonzales, 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. 13-2833, 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 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. 13-2833
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 (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, because
the event will take place on a holiday, July 4th, 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 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.
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.
PASSED, APPROVED AND ADOPTED this/19th d-y of ne 2013.
Louis M. ales, Chairman
City PI-nning 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 19th day of June
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Morales and Kiefer
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Mary C anagh, Secrets
City Planning Commission
PLN-13-00105(Special Event Permit)—11040 Brookshire Avenue
June 19,2013-Page 2
Resolution No. 13-2833
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 shall 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 Permit 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 away 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. 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.
13. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
14. 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 event, prior to the start of the event.
PLN-13-00105(Special Event Permit)—11040 Brookshire Avenue
June 19,2013-Page 3
Resolution No. 13-2833
Downey Planning Commission
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 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. 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.
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).
PLN-13-00105(Special Event Permit)—11040 Brookshire Avenue
June 19,2013-Page 4
Resolution No. 13-2833
Downey Planning Commission
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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PLN-13-00105(Special Event Permit)—11040 Brookshire Avenue
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