HomeMy WebLinkAbout4. PLN-13-00184 - 8141 De Palma
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: SEPTEMBER 18, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00184 (SPECIAL EVENT) - A REQUEST BY WARREN HIGH SCHOOL
TO CONDUCT A THREE-DAY CARNIVAL ON SEPTEMBER 27, 28, AND 29,
2013, WHICH INCLUDES RIDES, GAME BOOTHS, ENTERTAINMENT, AND
FOOD SALES, ON THE PARKING LOT OF WARREN HIGH, LOCATED AT 8141
DE PALMA STREET AND ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
LOCATION: 8141 DE PALMA STREET (AIN 6255-015-904)
ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-13-00184) is a request to conduct a three-day
carnival on the parking lot of Warren High School. This is an annual event that the school has
put together over the past few years to help support the school programs and athletics.
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
APPROVING PLN-13-00184 (SPECIAL EVENT) AND THEREBY AUTHORIZING
THE OPERATION OF A THREE-DAY CARNIVAL ON SEPTEMBER 27, 28, AND
29, 2013, WHICH INCLUDES RIDES, GAME BOOTHS, ENTERTAINMENT, AND
FOOD SALES, ON THE PARKING LOT OF WARREN HIGH SCHOOL,
LOCATED AT 8141 DE PALMA STREET AND ZONED R-1 5,000 (SINGLE-
FAMILY RESIDENTIAL)
BACKGROUND
On August 27, 2013, Russ Heicke, submitted a Land Use Permit Application (PLN-13-00184) to
request the Planning Commission’s approval of a special event permit for a carnival at Warren
High School. The proposed carnival would occur over a three-day period: September 27, 28, and
29, 2013.
PLN-13-00184 – 8141 De Palma St
September 18, 2013 - Page 2
Warren High School is at the northeast corner of Paramount Boulevard and De Palma Street. The
school site comprises 1,117,679 square feet of land (approximately 26 acres.) The property has
classroom buildings, administrative offices, sports fields, a swimming pool facility, tennis courts, a
park area at the southwest corner of the school site and three parking lots. The parking lots are
located on the east side of the school (adjacent to Gurley Avenue), on the south side of the school
near the school offices (at De Palma Street) and at the westerly side of the school (adjacent to the
north and south sides of the tennis courts). The southernmost parking lot along Paramount
Boulevard is the primary parking lot of the school and it will be the site of the proposed carnival
activities.
The Warren High School property has a General Plan Land Use Designation of “S” (School) and
it is zoned R-1 5,000 (Single-Family Residential). The surrounding properties are as follows:
Zone Use
North C-1 (Neighborhood Commercial) and
C-M (Commercial Manufacturing) Retail (Building Materials Yard)
East R-1 (Single Family Residential) and
R-3 (Multiple-Family Residential)
Single-Family Residential and
Apartment Buildings
West R-1 5,000 and
C-1(Neighborhood Commercial)
Single-Family Residential and
Apartment Buildings
South
C-1 (Neighborhood Commercial)
R-1 (Single Family Residential) and
R-3 (Multiple-Family Residential)
Church, Single-Family Residential and
Apartment Buildings
DISCUSSION/ ANALYSIS
PLN-13-00184 proposes the carnival as a fundraiser for school programs and athletics at Warren
High School. The application did not indicate the number of visitors the proposed special event
would attract, but staff anticipates upwards of 500 persons per day over the three day weekend.
Activities at the carnival include food, game booths, two (2) fun houses, large mechanical carnival
rides, kiddie’s rides, a stage, and school booths where student organizations will sponsor tacos
and games.
As this report mentioned previously, the proposed three-day carnival will occur on Friday through
Sunday, September 27, 28, and 29, 2013. The carnival will take place in the southerly parking lot
of Warren High School, which borders Paramount Boulevard. The hours proposed for the carnival
will be as follows:
• Friday, September 27, 2013, between 5:00 p.m. and 11:00 p.m.
• Saturday, September 28, 2013, between 1:00 p.m. and 11:00 p.m.
• Sunday, September 29, 2013, between 1:00 p.m. and 10:00 p.m.
Warren High School’s parking lots will be available to carnival guests and participants. The
Applicant estimates that 465 parking spaces are available on the subject site, including 100 spaces
in the parking lot north of the tennis courts, 350 parking spaces in the easterly lot adjacent to
Gurley Avenue, and 15 ADA accessible parking spaces adjacent to the school’s administrative
offices along De Palma Street. PLN-13-00184 proposes twenty (20) feet wide fire truck access
lanes at the center and along the perimeter of the carnival area. The fire lanes will be accessible
from two gates along the Paramount Boulevard street frontage and from De Palma Street.
PLN-13-00184 – 8141 De Palma St
September 18, 2013 - Page 3
Warren High School hired Olympian Security Company to provide security for the carnival. The
applicant proposes to utilize four (4) security guards per day and one (1) at night. A condition of
approval for PLN-13-00184 will require all security guards to wear shirts with “SECURITY” written
in large white letters on the front back, and around arm sleeve bands. The security guards will be
unarmed.
The Applicant does not intend to hire musicians for the carnival; however, Warren students will
perform on the stage during the event. Their activities, as well as the music associated with the
carnival rides, will be amplified. The carnival will be set up in the southerly (Paramount) parking lot,
approximately 100 feet from the residential properties to the west and about 225 feet from the
residential properties to the south. The Applicant proposes to locate a generator near the center of
the carnival area, and adjacent to the large rides.
Set-up activities will begin Wednesday, September 25, 2013, after school lets out. Staff proposed
conditions of approval, which require a sweeper truck to clean the school parking lots Sunday
night, for Warren High to assign workers to pick up trash during the carnival and in the immediate
vicinity of the school, and for the carnival operator to provide a clean-up crew that will clean the
school’s parking lot every night before leaving. The Applicant proposes to make restrooms in the
school buildings available to carnival guests.
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, the following findings shall be made in
order for the Planning Commission 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 carnival is a fundraising event for Warren High School athletics and programs at
the school, it is open to the public, and because it will include games, and rides 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 carnival is the southernmost parking lot along Paramount
Boulevard at Warren High School. The subject property is located within the R-1 5,000
(Single-Family Residential) zone, 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 Warren High School
PLN-13-00184 – 8141 De Palma St
September 18, 2013 - Page 4
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 Case No. 13-00184 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, which staff
believes will prevent the event from impacting surrounding sites.
.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-13-00184, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development\Nguyen\CASES\Special Event (PC)\8141 DePalma (warren high) Sept 2013\PLN-13-00184 staff report.doc
PLN-13-00184 – 8141 De Palma St
September 18, 2013 - Page 5
Exhibits
Location
Aerial Photograph
EVENT
AREA
PARKING
AREAS
PARKING
AREA
PLN-13-00184 – 8141 De Palma St
September 18, 2013 - Page 6
500’ Radius
Zoning
SUBJECT
PROPERTY
PLN-13-00184 – 8141 De Palma St
September 18, 2013 - Page 7
SITE PHOTOGRAPHS OF THE PROPOSED CARNIVAL AREA
(Views of southerly parking lot from Paramount Boulevard)
SITE PHOTOGRAPH (EAST PARKING LOT-VIEW FROM GURLEY AVENUE)
RESOLUTION NO. 13-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00184 (SPECIAL EVENT) AND THEREBY AUTHORIZING THE
OPERATION OF A THREE-DAY CARNIVAL ON SEPTEMBER 27, 28, AND 29, 2013,
WHICH INCLUDES RIDES, GAME BOOTHS, ENTERTAINMENT, AND FOOD SALES,
ON THE PARKING LOT OF WARREN HIGH SCHOOL, LOCATED AT 8141 DE
PALMA STREET AND ZONED R-1 5,000 (SINGLE-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 August 27, 2013, Russ Heicke, submitted a Land Use Permit Application
(PLN-13-00184) on behalf of Warren High School, to request the Planning
Commission’s approval of a special event permit for a carnival at Warren High
School, located at 8141 De Palma Street (hereinafter "Subject Property").
B. The proposed carnival would occur over a three-day period: September 27, 28,
and 29, 2013.
C. On September 5, 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.
D. The Planning Commission held a duly noticed public hearing on September 18,
2013; and, after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, 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 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 carnival is a fundraising event for Warren High School
athletics and programs at the school, it is open to the public, and because it will
include 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 along
Paramount Boulevard at Warren High School. The subject property is located
within the R-1 5,000 (Single-Family Residential) zone, where special events such
as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of
Resolution No. 13-____
Downey Planning Commission
PLN-13-00184 (Special Event) – 8141 De Palma Street
September 18, 2013 - Page 2
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 Warren 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 Case No.-13-00184 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, which staff believes 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-13-00184
(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 18th day of September 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 18th day of
September 2013, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 13-____
Downey Planning Commission
PLN-13-00184 (Special Event) – 8141 De Palma Street
September 18, 2013 - Page 3
EXHIBIT A – CONDITIONS OF APPROVAL
PLN-13-00184 (SPECIAL EVENT)
PLANNING
1. This approval of PLN-13-00184 (Special Event) allows the Applicant to host a three-day
outdoor Carnival on the westerly parking lot area of Warren High School, located at 8141
De Palma Street in Downey. The hours for the carnival shall be as follows:
• Friday, September 27, 2013, between 5:00 p.m. and 11:00 p.m.
• Saturday, September 28, 2013, between 1:00 p.m. and 11:00 p.m.
• Sunday, September 29, 2013, between 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, game
booths, two (2) fun houses, large mechanical carnival rides, kiddies’ rides, a stage, and
school booths where student organizations will sponsor tacos and games.
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.
6. Speakers for amplified sound shall face northerly, away from the adjoining residential
properties.
7. All outdoor activities shall cease by 10:00 p.m. on Sunday, September 29, 2013.
8. Set-up may begin no sooner than 4:00 p.m. on Wednesday, September 25, 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, September 30, 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.
Resolution No. 13-____
Downey Planning Commission
PLN-13-00184 (Special Event) – 8141 De Palma Street
September 18, 2013 - Page 4
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 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.
19. The Applicant shall provide adequate signage on the subject property to direct carnival
guests to restrooms on the Warren High School site.
20. A sweeper truck shall clean the Warren High School parking lots after 10:00 p.m.,
Sunday September 29, 2013.
21. The Applicant shall assign workers to pick up trash during the carnival and in the
immediate vicinity of the school.
22. The carnival operator shall provide a clean-up crew that will clean the Warren High
School parking lots every night before leaving the school site.
23. All security guards shall wear shirts with “SECURITY” written in large white letters on the
front back, and around arm sleeve bands. The security guards shall be unarmed.
FIRE
24. The applicant shall obtain the Fire Department’s approval for the use of any tents.
25. 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.
Resolution No. 13-____
Downey Planning Commission
PLN-13-00184 (Special Event) – 8141 De Palma Street
September 18, 2013 - Page 5
26. During the three-day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
27. Generators shall not be refueled hot.
POLICE
28. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event.
PUBLIC WORKS/ENGINEERING
29. The owner/applicant shall provide sufficient trash and recycling receptacles for the
disposal of food and debris.
30. All parking areas shall be swept clean after the event; there shall be no hosing down of
the parking areas.
31. 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).
32. The owner/applicant shall obtain all necessary plan approvals and permits.
33. Closure of public streets for parking purposes shall not be permitted at any time.
H:\Community Development\Nguyen\CASES\Special Event (PC)\8141 DePalma (warren high) Sept 2013\PLN-13-00184 reso.doc