HomeMy WebLinkAboutPC Resolution 13-2845 RESOLUTION NO. 13-2845
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. 13-2845,
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
the Downey Municipal Code. The three-day outdoor carnival will not impinge on
Resolution No. 13-2845
Downey Planning Commission
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 da of September 2013.
A(14 i './
Louis Moral:s, Chairman
tz City Plann. g 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: Lujan, Flores, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Rodriguez
G)
ct a4,�"�,.
Mary Caianagh, Secret‘fy
City Planning Commission
PLN-13-00184(Special Event)—8141 De Palma Street
September 18,2013-Page 2
Resolution No. 13-2845
Downey Planning Commission
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.
13. Any necessary Health Department approvals required for the sale of food shall be
obtained prior to the start of the event.
PLN-13-00184(Special Event)—8141 De Palma Street
September 18,2013-Page 3
Resolution No. 13-2845
Downey Planning Commission
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.
26. During the three-day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
PLN-13-00184(Special Event)—8141 De Palma Street
September 18,2013-Page 4
Resolution No. 13-2845
Downey Planning Commission
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
PLN-13-00184(Special Event)—8141 De Palma Street
September 18,2013-Page 5