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HomeMy WebLinkAbout3. PLN-13-00178 - 10441 Downey AveSTAFF REPORT DATE: OCTOBER 2, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN -13 -00178 (SPECIAL EVENT PERMIT) -A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL LOCATION: 10441 Downey Avenue ZONING: R -3 (MULTI- FAMILY RESIDENTIAL) REPORT SUMMARY Our Lady of Perpetual Help School seeks the Planning Commission's approval of a special event permit to allow them to conduct their annual carnival. After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -13 -00178 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R -3 (MULTI- FAMILY RESIDENTIAL) BACKGROUND On August 21, 2013, Steven Csombor, submitted a Land Use Permit Application on behalf of Gina Aguilar, Principal of Our Lady of Perpetual Help School, to obtain the Planning Commission's approval of a special event permit (PLN -13- 00178) to conduct a three -day carnival on the parking lot of the school. The application establishes October 18, 19, and 20, 2013 as the carnival dates. The subject site is a 4.17 acre, rectangular- shaped lot that is located just north of Cherokee Drive, between Downey Avenue and La Reina Avenue. The subject site is zoned R -3 (Multi - Family Residential) and is currently improved with the Our Lady of Perpetual Help School. Single - family and multiple - family residential land uses surround the school property. DISCUSSION In a letter dated August 16, 2013, Mr. Csombor, the Carnival Chairman, discusses the purpose of the carnival, the hours of operation for the carnival, and measures Our Lady of Perpetual Help School will perform to mitigate impacts of the carnival activities. Our Lady of Perpetual Help School has operated its carnival annually since 1998. Initially, the school held this activity in May but they have conducted it during the month of October since 1998. Mr. Csombor explained that the purpose of the carnival is to raise money for capital improvements to the school. Carnival activities include mechanical rides, jumpers, a beer garden, kid rides, food sales, a beer garden, live entertainment and games. He proposed the following dates and times for the carnival activities: • Friday, October 18, 2013, between the hours of 5:00 p.m. and 10:30 p.m. • Saturday, October 19, 2013, between 12 noon and 11:00 p.m. • Sunday, October 20, 2013, between 12 noon and 8:30 p.m. Mr. Csombor's letter says that sound and lighting equipment will be directed away from local residences and generators will be placed away from property lines. The letter also addresses cleanup of the school site and the adjacent neighborhood, and utilizing Downey Police officers for carnival security. He intends to remove the carnival apparatus (rides and large equipment) on Monday, October 21, 2013, the day following the conclusion of the event. It is staff's opinion that the fund raising activities described in Mr. Csombor's letter are incidental to the church and school. Pursuant to Downey Municipal Code Section 9420, consideration of this type of incidental use is within the discretion of the Planning Commission. Furthermore, it is within the Commission's discretion to impose any conditions of approval that the Commission finds necessary to protect the public's health, safety, and welfare. 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, 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. 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 three -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. The activity proposed by PLIV -13 -00178 is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. Land Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 2 temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Vision 2025, General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise - generating equipment in close proximity to adjacent properties ". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. Our Lady of Perpetual Help School is located within the R -3 (Multiple - Family Residential) zone, which allows religious organizations and private schools with a Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, including religious events subject to the general requirements stated in that Code Section. The proposed event satisfies those requirements. 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 -00178 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- 00178, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 3 10, ���Y rr 3A3 JF . ,��! ;A Q" •M1"" �- Q 10 yak. •� 'Ire � � I'} `~ � � -vf �� 'Oa_ , d:4F �+►e1 - �5 ,� r N j' 10424 ` �7 5C3 ^0447. x' - ..v� -ti ! CA7 - - a3a• •n�o� _ - ►�� WWII INN AN P a] RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -13 -00178 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R -3 (MULTI- 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. An application was filed by Gina Aguilar (hereinafter "Applicant ") requesting approval of a special event permit to allow the operation of an outdoor carnival, on property at 10441 Downey Avenue (Our Lady of Perpetual Help Church), Downey, California (hereinafter "Subject Site "), zoned R -3 (Multi - Family Residential); B. On September 19, 2013, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on October 2, 2013, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN -13 -00178 (Special Event Permit), subject to the 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), Temporary Land Uses. 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 three -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. The activity proposed by PLN -13 -00178 is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. Land Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Resolution No. Downey Planning Commission Vision 2025, General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise - generating equipment in close proximity to adjacent properties ". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. B. That the proposed activity or use will be consistent with other provisions of this article. Our Lady of Perpetual Help School is located within the R -3 (Multiple - Family Residential) zone, which allows religious organizations and private schools with a Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, including religious events subject to the general requirements stated in that Code Section. The proposed event satisfies those requirements. C. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. -rhe special event PLN Case No. 13 -00178 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 12- 00178, subject to the 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 2nd day of October 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 2nd day of October 2013, by the following vote, to wit: AYES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary Cavanagh, Secretary City Planning Commission PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 2 Resolution No. Downey Planning Commission PLN -13 -00178 (SPECIAL EVENT PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) This approval of PLN -13 -00178 (Special Event Permit) allows Our Lady of Perpetual Help School to host a three -day carnival (October 18, 19, and 20, 2013) on the parking of the school, located at 10441 Downey Avenue. 2) All activities shall occur during the following time frames: Friday, October 18, 2013, between the hours of 5:00 p.m. and 10:30 p.m. Saturday, October 19, 2013, between 12 noon and 11:00 p.m. Sunday, October 20, 2013, between 12 noon and 8:30 p.m. 3) Approved activities for PLN -13 -00178 (Special Event Permit) shall consist of mechanical rides, jumpers, a beer garden, kid rides, food sales, a beer garden, live entertainment 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) Installation of the outdoor accessory uses shall commence no earlier than 7:00 a.m. on Wednesday, October 16, 2013. 6) Clean -up activities, which include the removal of bright lights, all tables and chairs, tents, trash receptacles, stage, electrical equipment, and garbage shall conclude no later than 10:00 p.m. on Sunday, October 20, 2013. 7) The removal of accessory uses (including carnival apparatus) shall occur no earlier than 7:00 a.m. on Monday, October 21, 2013. 8) If a generator is to be used, it shall be located a minimum of 10 feet from any property line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the nearest property line. 9) All necessary lighting shall face the main event (booths and stage). The Applicant shall direct said lights away from Downey Avenue and away from any residential uses nearby. 10) During the 3 -day event, parish member(s) shall walk around the premises every two (2) hours to remove trash on the subject site and the adjacent streets. 11) 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. 12) 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. PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 3 Resolution No. Downey Planning Commission 13) Parking areas shall be swept clean after the event; there shall be no hosing down of the parking area. 14) The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 15) Hand held signs shall not be utilized on public or private property to advertise the event. 16) Handicap parking stalls in the parking area must remain accessible for all uses. 17) The Applicant shall obtain the Fire Department's approval for the use of any tents. 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 obtain all necessary plan approvals and permits. 20) The owner /Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act and Ordinance 1142 of the Downey Municipal Code. 21) Parking lot maintenance by hosing method shall be prohibited at all times. (Refer to Attachment A: Best Management Practice). PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 4 Resolution No. Downey Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects /Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ❑ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ❑ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ❑ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ❑ Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ❑ Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 5 Our Lady of Perpetual Help School 10441 South Downey Avenue (562) 869 -9969 Downey, CA 90241 -2513 Fax (562) 923 -0659 RECEIVED August 16, 2013 AUG 2 12013 City of Downey PLANNING City Planner P.O. Box 7016 Downey, CA 90241 RE: ' Special Event, Our Lady of Perpetual Help School Carnival. To Whom It May Concern, I am writing to you on behalf of Our Lady of Perpetual Help School, principal Gina Aguilar, and the Parent Association Carnival Committee. I ask once again for commission approval of our annual carnival fund- raiser. This year's event will take place Friday, Saturday and Sunday, October 18, 19 and 20, 2013. Our Carnival accounts for nearly 50% of the funds raised through out the school year. Your support of this annual event allows us to make capital improvements to the school that otherwise might not be possible. We hope you will approve Carnival operations for the hours of- Wednesday 10 -16 -2013 Setup 7:00am to 8:00pm Thursday 10 -17 -2013 Setup 7:00am to l 0:00pm Friday 10 -18 -2013 Setup 7:00am to 5:00pm Ride Operations 5:00pm - 10:30pm Cleanup 10:30pm- 11:30pm Saturday 10 -19 -2013 Ride Operations 12:00pm - 11:00pm Cleanup 11:00pm - Midnight Sunday 10 -20 -2013 Ride Operations 12:00pm - 8:30pm Cleanup 8:30pm - 10:30pm Monday 10 -21 -2013 Removal & Cleanup 7:00am to 8:00pm All required permits would be obtained. A Catholic Education Is An Advantage For Life City of Downey City Planner August 16, 2013 RE: Special Event, Our Lady of Perpetual Help School Carnival. Page 2 All sound and lighting equipment shall be directed away from local residences with generators away from property lines. We will provide for cleanup and proper disposal of all event - generated litter in the street and on adjacent properties, as well as on our own property during and after the event. We will have Downey Police Officers on site for security and crowd control issues. I have attached a layout of this year's event. The ride area remains the same as the 2012 layout with minor adjustments of booth placement for games and food. Our Committee and school families are grateful for your consideration. Please call me with any questions. I can be reached through the school office at (562) 869 -9969 or by cellular at (562) 309 -1395. Respectfully, Steven Csombor 2013 Carnival Chairman Enclosure W. O O 0 E ca a. --I 0 0 UJ z c ) Lo 9 I,.;" PV FSJI FA <1�., 0 0 0 of [jr. UL 0 Li 0 E 0 0 N WA fIr- 1-17, STAFF REPORT DATE: OCTOBER 2, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN -13 -00178 (SPECIAL EVENT PERMIT) - A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL LOCATION: 10441 Downey Avenue ZONING: R -3 (MULTI - FAMILY RESIDENTIAL) REPORT SUMMARY Our Lady of Perpetual Help School seeks the Planning Commission's approval of a special event permit to allow them to conduct their annual carnival. After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -13 -00178 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R-3 (MULTI- FAMILY RESIDENTIAL) BACKGROUND On August 21, 2013, Steven Csombor, submitted a Land Use Permit Application on behalf of Gina Aguilar, Principal of Our Lady of Perpetual Help School, to obtain the Planning Commission's approval of a special event permit (PLN -13- 00178) to conduct a three -day carnival on the parking lot of the school. The application establishes October 18, 19, and 20, 2013 as the carnival dates. The subject site is a 4.17 acre, rectangular- shaped lot that is located just north of Cherokee Drive, between Downey Avenue and La Reina Avenue. The subject site is zoned R -3 (Multi - Family Residential) and is currently improved with the Our Lady of Perpetual Help School. Single - family and multiple - family residential land uses surround the school property. PLANNING DIVISION: CITY OF DOWNEY, CALIFORNIA DISCUSSION In a letter dated August 16, 2013, Mr. Csombor, the Carnival Chairman, discusses the purpose of the carnival, the hours of operation for the carnival, and measures Our Lady of Perpetual Help School will perform to mitigate impacts of the carnival activities. Our Lady of Perpetual Help School has operated its carnival annually since 1998. Initially, the school held this activity in May but they have conducted it during the month of October since 1998. Mr. Csornibor explained that the purpose of the carnival is to raise money for capital improvements to the school. Carnival activities include mechanical rides, jumpers, a beer garden, kid rides, food sales, a beer garden, live entertainment and games. He proposed the following dates and times for the carnival activities: Friday, October 18, 2013, between the hours of 5:00 p.m. and 10:30 p.m. Saturday, October 19, 2013, between 12 noon and 11:00 p.m. Sunday, October 20, 2013, between 12 noon and 8:30 p.m. Mr. Csombor's letter says that sound and lighting equipment will be directed away from local residences and generators will be placed away from property lines. The letter also addresses cleanup of the school site and the adjacent neighborhood, and utilizing Downey Police officers for carnival security. He intends to remove the carnival apparatus (rides and large equipment) on Monday, October 21, 2013, the day following the conclusion of the event. It is staff's opinion that the fund raising activities described in Mr. Csombor's letter are incidental to the church and school. Pursuant to Downey Municipal Code Section 9420, consideration of this type of incidental use is within the discretion of the Planning Commission. Furthermore, it is within the Commission's discretion to impose any conditions of approval that the Commission finds necessary to protect the public's health, safety, and welfare. 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, staff recommends that the Planning Commission make the following findings to approve the request: 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 three -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. The activity proposed by PLN -13 -00178 is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. Land Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 2 temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Vision 2025, General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise - generating equipment in close proximity to adjacent properties ". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. Our Lady of Perpetual Help School is located within the R -3 (Multiple - Family Residential) zone, which allows religious organizations and private schools with a Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, including religious events subject to the general requirements stated in that Code Section. The proposed event satisfies those requirements. 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 -00178 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- 00178, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN - 13-00178 — 10441 Downey Avenue October 2, 2013 - Page 3 SITE LOCATION 10441 Downey Ave l AERIAL PHOTOGRAPH PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 4 ZONING MAP 500' RADIUS MAP PLN -13 -00178 — 10441 Downey Avenue October 2, 2013 - Page 5 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -13 -00178 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R -3 (MULTI- 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. An application was filed by Gina Aguilar (hereinafter "Applicant ") requesting approval of a special event permit to allow the operation of an outdoor carnival, on property at 10441 Downey Avenue (Our Lady of Perpetual Help Church), Downey, California (hereinafter "Subject Site "), zoned R -3 (Multi - Family Residential); B. On September 19, 2013, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on October 2, 2013, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN -13 -00178 (Special Event Permit), subject to the 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), Temporary Land Uses. 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 three -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. The activity proposed by PLN -13 -00178 is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. Land Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Resolution No. Downey Planning Commission Vision 2025, General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise - generating equipment in close proximity to adjacent properties ". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. B. That the proposed activity or use will be consistent with other provisions of this article. Our Lady of Perpetual Help School is located within the R -3 (Multiple - Family Residential) zone, which allows religious organizations and private schools with a Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, including religious events subject to the general requirements stated in that Code Section. The proposed event satisfies those requirements. C. 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 -00178 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 12- 00178, subject to the 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 2nd day of October 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 2nd day of October 2013, by the following vote, to wit: AYES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary Cavanagh, Secretary City Planning Commission PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 2 Resolution No. Downey Planning Commission PLN -13 -00178 (SPECIAL EVENT PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) This approval of PLN -13 -00178 (Special Event Permit) allows Our Lady of Perpetual Help School to host a three -day carnival (October 18, 19, and 20, 2013) on the parking of the school, located at 10441 Downey Avenue. 2) All activities shall occur during the following time frames: Friday, October 18, 2013, between the hours of 5:00 p.m. and 10:30 p.m. Saturday, October 19, 2013, between 12 noon and 11:00 p.m. Sunday, October 20, 2013, between 12 noon and 8:30 p.m. 3) Approved activities for PLN -13 -00178 (Special Event Permit) shall consist of mechanical rides, jumpers, a beer garden, kid rides, food sales, a beer garden, live entertainment 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) Installation of the outdoor accessory uses shall commence no earlier than 7:00 a.m. on Wednesday, October 16, 2013. 6) Clean -up activities, which include the removal of bright lights, all tables and chairs, tents, trash receptacles, stage, electrical equipment, and garbage shall conclude no later than 10:00 p.m. on Sunday, October 20, 2013. 7) The removal of accessory uses (including carnival apparatus) shall occur no earlier than 7:00 a.m. on Monday, October 21, 2013. 8) If a generator is to be used, it shall be located a minimum of 10 feet from any property line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the nearest property line. 9) All necessary lighting shall face the main event (booths and stage). The Applicant shall direct said lights away from Downey Avenue and away from any residential uses nearby. 10) During the 3 -day event, parish member(s) shall walk around the premises every two (2) hours to remove trash on the subject site and the adjacent streets. 11) 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. 12) 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. PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 3 Resolution No. Downey Planning Commission 13) Parking areas shall be swept clean after the event; there shall be no hosing down of the parking area. 14) The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 15) Hand held signs shall not be utilized on public or private property to advertise the event. 16) Handicap parking stalls in the parking area must remain accessible for all uses. 17) The Applicant shall obtain the Fire Department's approval for the use of any tents. 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 obtain all necessary plan approvals and permits. 20) The owner /Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act and Ordinance 1142 of the Downey Municipal Code. 21) Parking lot maintenance by hosing method shall be prohibited at all times. (Refer to Attachment A: Best Management Practice). PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 4 Resolution No. Downey Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects /Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 5 Our Lady of Perpetual Help School 10441 South Downey Avenue (562) 869 -9969 Downey, CA 90241 -2513 August 16, 2013 City of Downey City Planner P.O. Box 7016 Downey, CA 90241 RE: ' Special Event, Our Lady of Perpetual Help School Carnival. To Whom It May Concern, Fax (562) 923 -0659 RECEIVED AUG 2 12013 PLANNING I am writing to you on behalf of Our Lady of Perpetual Help School, principal Gina Aguilar, and the Parent Association Carnival Committee. I ask once again for commission approval of our annual carnival fund- raiser. This year's event will take place Friday, Saturday and Sunday, October 18, 19 and 20, 2013. Our Carnival accounts for nearly 50% of the funds raised through out the school year. Your support of this annual event allows us to make capital improvements to the school that otherwise might not be possible. We hope you will approve Carnival operations for the hours of: Wednesday 10 -16 -2013 Setup 7:00am to 8:00pm Thursday 10 -17 -2013 Setup 7:00am to 10:00pm Friday 10 -18 -2013 Setup 7:00am to 5:00pm Ride Operations 5:00pm - 10:30pm Cleanup 10:30pm - 11:30pm Saturday 10 -19 -2013 Ride Operations 12:00pm - 11:00pm Cleanup 11:00pm - Midnight Sunday 10 -20 -2013 Ride Operations 12:00pm - 8:30pm Cleanup 8:30pm - 10:30pm Monday 10 -21 -2013 Removal & Cleanup 7:00am to 8:00pm All required permits would be obtained. A Catholic Education Is An Advantage For Life City of Downey City Planner August 16, 2013 RE: Special Event, Our Lady of Perpetual Help School Carnival. Page 2 All sound and lighting equipment shall be directed away from local residences with generators away from property lines. We will provide for cleanup and proper disposal of all event - generated. litter in the street and on adjacent properties, as well as on our own property during and after the event. We will have Downey Police Officers on site for security and crowd control issues. I have attached a layout of this year's event. The ride area remains the same as the 2012 layout with minor adjustments of booth placement for games and food. Our Committee and school families are grateful for your consideration. Please call me with any questions. I can be reached through the school office at (562) 869 -9969 or by cellular at (562) 309 -1395. Respectfully, Steven Csombor 2013 Carnival Chairman Enclosure W, O N O N O 0 ti m O U ctf co U 2 0_ J Q c 9 J N � (U i � I I r- 0 Iu I Fa 3 I I e„t 7 Nei ` WJM U �a N � P O Fit O N o = Q J J Sc o m I al C II N L— v c t o� U a m C> cn E 0 0 Ctf cn m N w 0 0 N a 0 �v N STAFF REPORT DATE: OCTOBER 2, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN -13 -00178 (SPECIAL EVENT PERMIT) - A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL LOCATION: 10441 Downey Avenue ZONING: R -3 (MULTI- FAMILY RESIDENTIAL) REPORT SUMMARY Our Lady of Perpetual Help School seeks the Planning Commission's approval of a special event permit to allow them to conduct their annual carnival. After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -13 -00178 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R -3 (MULTI- FAMILY RESIDENTIAL) BACKGROUND On August 21, 2013, Steven Csombor, submitted a Land Use Permit Application on behalf of Gina Aguilar, Principal of Our Lady of Perpetual Help School, to obtain the Planning Commission's approval of a special event permit (PLN -13- 00178) to conduct a three -day carnival on the parking lot of the school. The application establishes October 18, 19, and 20, 2013 as the carnival dates. The subject site is a 4.17 acre, rectangular- shaped lot that is located just north of Cherokee Drive, between Downey Avenue and La Reina Avenue. The subject site is zoned R -3 (Multi - Family Residential) and is currently improved with the Our Lady of Perpetual Help School. Single - family and multiple - family residential land uses surround the school property. PLANNING DIVISION CITY OF DOiV'V'NENF, CALIFORNIA DISCUSSION In a letter dated August 16, 2013, Mr. Csombor, the Carnival Chairman, discusses the purpose of the carnival, the hours of operation for the carnival, and measures Our Lady of Perpetual Help School will perform to mitigate impacts of the carnival activities. Our Lady of Perpetual Help School has operated its carnival annually since 1998. Initially, the school held this activity in May but they have conducted it during the month of October since 1998. Mr. Csombor explained that the purpose of the carnival is to raise money for capital improvements to the school. Carnival activities include mechanical rides, jumpers, a beer garden, kid rides, food sales, a beer garden, live entertainment and games. He proposed the following dates and times for the carnival activities: Friday, October 18, 2013, between the hours of 5:00 p.m. and 10:30 p.m. Saturday, October 19, 2013, between 12 noon and 11:00 p.m. Sunday, October 20, 2013, between 12 noon and 8:30 p.m. Mr. Csombor's letter says that sound and lighting equipment will be directed away from local residences and generators will be placed away from property lines. The letter also addresses cleanup of the school site and the adjacent neighborhood, and utilizing Downey Police officers for carnival security. He intends to remove the carnival apparatus (rides and large equipment) on Monday, October 21, 2013, the day following the conclusion of the event. It is staff's opinion that the fund raising activities described in Mr. Csombor's letter are incidental to the church and school. Pursuant to Downey Municipal Code Section 9420, consideration of this type of incidental use is within the discretion of the Planning Commission. Furthermore, it is within the Commission's discretion to impose any conditions of approval that the Commission finds necessary to protect the public's health, safety, and welfare. 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, staff recommends that the Planning Commission make the following findings to approve the request: 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 three -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. The activity proposed by PLN -13 -00178 is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. Land Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 2 temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Vision 2025, General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise - generating equipment in close proximity to adjacent properties ". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. Our Lady of Perpetual Help School is located within the R -3 (Multiple - Family Residential) zone, which allows religious organizations and private schools with a Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, including religious events subject to the general requirements stated in that Code Section. The proposed event satisfies those requirements. 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 -00178 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- 00178, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 3 SITE LOCATION 10441 Downey Ave AERIAL PHOTOGRAPH PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 4 A ZONING MAP f W 500' RADIUS MAP PLN -13 -00178 —10441 Downey Avenue October 2, 2013 - Page 5 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -13 -00178 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 18, 19, AND 20, 2013), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R -3 (MULTI- 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. An application was filed by Gina Aguilar (hereinafter "Applicant ") requesting approval of a special event permit to allow the operation of an outdoor carnival, on property at 10441 Downey Avenue (Our Lady of Perpetual Help Church), Downey, California (hereinafter "Subject Site "), zoned R -3 (Multi - Family Residential); B. On September 19, 2013, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on October 2, 2013, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN -13 -00178 (Special Event Permit), subject to the 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), Temporary Land Uses. 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 three -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. The activity proposed by PLN -13 -00178 is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. Land Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Resolution No. Downey Planning Commission Vision 2025, General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise - generating equipment in close proximity to adjacent properties ". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. B. That the proposed activity or use will be consistent with other provisions of this article. Our Lady of Perpetual Help School is located within the R -3 (Multiple - Family Residential) zone, which allows religious organizations and private schools with a Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, including religious events subject to the general requirements stated in that Code Section. The proposed event satisfies those requirements. C. 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 -00178 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 12- 00178, subject to the 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 2nd day of October 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 2nd day of October 2013, by the following vote, to wit: AYES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary Cavanagh, Secretary City Planning Commission PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 2 Resolution No. Downey Planning Commission PLN -13 -00178 (SPECIAL EVENT PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) This approval of PLN -13 -00178 (Special Event Permit) allows Our Lady of Perpetual Help School to host a three -day carnival (October 18, 19, and 20, 2013) on the parking of the school, located at 10441 Downey Avenue. 2) All activities shall occur during the following time frames: Friday, October 18, 2013, between the hours of 5:00 p.m. and 10:30 p.m. Saturday, October 19, 2013, between 12 noon and 11:00 p.m. Sunday, October 20, 2013, between 12 noon and 8:30 p.m. 3) Approved activities for PLN -13 -00178 (Special Event Permit) shall consist of mechanical rides, jumpers, a beer garden, kid rides, food sales, a beer garden, live entertainment 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) Installation of the outdoor accessory uses shall commence no earlier than 7:00 a.m. on Wednesday, October 16, 2013. 6) Clean -up activities, which include the removal of bright lights, all tables and chairs, tents, trash receptacles, stage, electrical equipment, and garbage shall conclude no later than 10:00 p.m. on Sunday, October 20, 2013. 7) The removal of accessory uses (including carnival apparatus) shall occur no earlier than 7:00 a.m. on Monday, October 21, 2013. 8) If a generator is to be used, it shall be located a minimum of 10 feet from any property line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the nearest property line. 9) All necessary lighting shall face the main event (booths and stage). The Applicant shall direct said lights away from Downey Avenue and away from any residential uses nearby. 10) During the 3 -day event, parish member(s) shall walk around the premises every two (2) hours to remove trash on the subject site and the adjacent streets. 11) 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. 12) 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. PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 3 Resolution No. Downey Planning Commission 13) Parking areas shall be swept clean after the event; there shall be no hosing down of the parking area. 14) The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 15) Hand held signs shall not be utilized on public or private property to advertise the event. 16) Handicap parking stalls in the parking area must remain accessible for all uses. 17) The Applicant shall obtain the Fire Department's approval for the use of any tents. 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 obtain all necessary plan approvals and permits. 20) The owner /Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act and Ordinance 1142 of the Downey Municipal Code. 21) Parking lot maintenance by hosing method shall be prohibited at all times. (Refer to Attachment A: Best Management Practice). PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 4 Resolution No. Downey Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects /Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN 13 -00178 (Special Event Permit) 10441 Downey Ave October 2, 2013 - Page 5 Our Lady of Perpetual Help School 10441 South Downey Avenue (562) 869 -9969 Downey, CA 90241 -2513 August 16, 2013 City of Downey City Planner P.O. Box 7016 Downey, CA 90241 RE: Special Event, Our Lady of Perpetual Help School Carnival. To Whom It May Concern, Fax (562) 923 -0659 RECEIVED PLANNING I am writing to you on behalf of Our Lady of Perpetual Help School, principal Gina Aguilar, and the Parent Association Carnival Committee. I ask once again for commission approval of our annual carnival fund- raiser. This year's event will take place Friday, Saturday and Sunday, October 18, 19 and 20, 2013. Our Carnival accounts for nearly 50% of the funds raised through out the school year. Your support of this annual event allows us to make capital improvements to the school that otherwise might not be possible. We hope you will approve Carnival operations for the hours of: Wednesday 10 -16 -2013 Setup 7:00am to 8:00pm Thursday 10 -17 -2013 Setup 7:00am to 10:00pm Friday 10 -18 -2013 Setup 7:00am to 5:00pm Ride Operations 5:00pm - 10:30pm Cleanup 10:30pm - 11:30pm Saturday 10 -19 -2013 Ride Operations 12:00pm - 11:00pm Cleanup 11:00pm - Midnight Sunday 10 -20 -2013 Ride Operations 12:00pm - 8:30pm Cleanup 8:30pm - 10:30pm Monday 10 -21 -2013 Removal & Cleanup 7:00am to 8:00pm All required permits would be obtained. A Catholic Education Is An Advantage For Life City of Downey City Planner August 16, 2013 RE: Special Event, Our Lady of Perpetual Help School Carnival. Page 2 All sound and lighting equipment shall be directed away from local residences with generators away from property lines. We will provide for cleanup and proper disposal of all event - generated litter in the street and on adjacent properties, as well as on our own property during and after the event. We will have Downey Police Officers on site for security and crowd control issues. I have attached a layout of this year's event. The ride area remains the same as the 2012 layout with minor adjustments of booth placement for games and food. Our Committee and school families are grateful for your consideration. Please call me with any questions. I can be reached through the school office at (562) 869 -9969 or by cellular at (562) 309 -1395. Respectfully, Steven Csombor 2013 Carnival Chairman Enclosure O N O N C6 m O U Q N E co U d O W M r Z w C-4 Z 4 w �_ G� —J I I I U m v � I I I �I �I � I z � x �� ¢r� �o a 0 m c W ti Li = Q J J LL � - - -I IL of 1 c� Y O f m N O 0 N A 0 O f� N ca