HomeMy WebLinkAbout3. PLN-13-00185 - 12348 ParamountSTAFF REPORT
DATE: OCTOBER 16, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN -13 -00185 (SPECIAL EVENT PERMIT) - A REQUEST BY ST. RAYMOND
CATHOLIC CHURCH TO PERMIT THE OPERATION OF AN ANNUAL
CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 25, 26 AND 27,
2013
LOCATION: 12348 PARAMOUNT BOULEVARD
ZONING: R -1 5,000 (SINGLE - FAIVIILY RESIDENTIAL)
REPORT SUMMARY
St. Raymond Catholic Church 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 -00185 (SPECIAL EVENT PERMIT): A REQUEST TO
PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE
CONSECUTIVE DAYS (OCTOBER 25, 26, AND 27, 2013), ON PROPERTY
LOCATED AT 12348 PARAMOUNT BOULEVARD, ZONED R -1 (SINGLE- FAMILY
RESIDENTIAL)
BACKGROUND
On September 4, 2013, the Downey Community Development Department Planning Division
received a Land Use Permit Application from St. Raymond Catholic Church, to obtain the Planning
Commission's approval of a special event permit (PLN -13- 00185) to conduct a three -day carnival
on the parking lot of the school. The application establishes October 25, 26, and 27, 2013 as the
carnival dates.
St. Raymond Catholic Church is located on the east side of Paramount Boulevard, between
Conrad Street and Quoit Street. The rectangular- shaped property covers 187,273 acres
(approximately 4.3 acres) and it is zoned R -1 (Single- Family Residential). The site is improved
with five buildings that include the Parish Hall, the church sanctuary and school building on the
north facing Conrad Street, with classrooms along the east side of the property, and a convent
PLANINIINi; DIVISION
CITY OF DOWIoIEY, CALIFORNIA
and a rectory on the southerly area facing Quoit Street. An asphalt parking lot comprised of 224
parking spaces exists within the central area of the property. Vehicles access the St. Raymond's
parking lot via driveways on Paramount Boulevard and Quoit Street. Six -foot (6) high fencing,
consisting of concrete block pilasters and wrought iron, exist along the street frontages to
prohibit access to the school site.
DISCUSSION
The Land Use Permit Application includes a letter of intent that describes the proposed carnival as
a three day event, commencing on October 25, and continuing through October 27, 2013. Carnival
activities include carnival rides, food, a beer garden, live music, and a haunted house. The rides
will be located along the fence on the west side of the St. Raymond parking lot. Live music and a
stage will face Paramount Boulevard to the west, but they will be placed at the easternmost edge
of the parking lot. The "Midway' will contain games and vendor booths. It will be located between
the stage area and the rides. The letter describes the rides as two spectaculars, four regulars, five
smaller rides, and five kiddie rides. The banquet hall building will function as the haunted house.
St. Raymond carnival organizers intend to usher not more than 25 individuals through the haunted
house at a time.
The letter of intent also addresses issues regarding noise, health and safety, and parking. The
carnival requires a generator, which the letter describes as a "whisper generator". It will be located
at the southwest corner of the parking lot. Portable restrooms, including I handicap accessible
restrooms, will be provided in several strategic locations. The carnival requires temporary lighting
and a sound system; therefore, staff prepared conditions of approval to address these concerns.
Carnival staff will prepare food in the two kitchens on the premises. In the event of an emergency
requiring fire truck access, St. Raymond provided fire lanes down the middle of the carnival and
behind the stage and food booths. They are aware of the City's concerns about off - street parking
and the carnival's impacts on residential properties in the vicinity; therefore, St. Raymond secured
PLN -13 -00185 —12348 Paramount Boulevard
October 16, 2013 - Page 2
authorization from churches (Downey First Church and the Church of the Latter Day Saints) and
business properties (Beaches Market) nearby, to utilize their parking lots for the carnival.
PLN -13 -00185 proposes the following dates and times for the St. Raymond carnival activities:
Friday, October 25, 2013, between the hours of 4:00 p.m. and 11:00 p.m.
Saturday, October 26, 2013, between the hours of 10:00 a.m. and 11:00 p.m.
Sunday, October 27, 2013, between the hours of 1:00 p.m. and 10:00 p.m.
Set up for the carnival will occur during the daylight hours on Wednesday and Thursday October
23 and 24, 2013 and will not go beyond 10:00 p.m. Carnival tear -down will occur on October 28,
2013. Those activities also will not occur later than 10:00 p.m.
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
It is staff's opinion that the carnival described in the letter of intent is incidental to the church.
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. 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 carnival is
consistent with the General Plan Policy 8.4.3. The activity proposed by PLN -13 -00185 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, St. Raymond Church has operated this 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.
PLN -13 -00185 —12348 Paramount Boulevard
October 16, 2013 - Page 3
2. That the proposed activity or use is consistent with other provisions of Article IX of
the Downey Municipal Code.
St. Raymond Catholic Church is located within the R -1 (Single - Family Residential) zone.
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 13 -00185 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
In addition to the public notices and newspaper advertisements prepared by the City, St.
Raymond sent a letter to its neighbors to notify them of the carnival as a way to establish a line
of communication for the Church to address any issues those neighbors might have. However,
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- 00185, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
PLN -13 -00185 — 12348 Paramount Boulevard
October 16, 2013 - Page 4
SITE LOCATION
12348 Paramount Boulevard
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ZONING MAP
PLN -13 -00185 —12348 Paramount Boulevard
October 16, 2013 - Page 5
SITE PLAN
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HAUNTED HOUSE
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October 16, 2013 - Page 6
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PLN-1 3-00185 —12348 Paramount Boulevard
October 16, 2013 - Page 6
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PLN-1 3-00185 —12348 Paramount Boulevard
October 16, 2013 - Page 6
500' RADIUS MAP
PLN -13 -00185 —12348 Paramount Boulevard
October 16, 2013 - Page 7
RESOLUTION NO. 13-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -13 -00185 (SPECIAL EVENT PERMIT): A
REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL
FOR THREE CONSECUTIVE DAYS (OCTOBER 25, 26, AND 27, 2013),
ON PROPERTY LOCATED AT 12348 PARAMOUNT BOULEVARD,
ZONED R -1 (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. St. Raymond Catholic Church (hereinafter "Applicant ") submitted a Land Use
Permit Application to request approval of a special use event permit to allow the
operation of an outdoor carnival on the Church's property located at 12348
Paramount Boulevard, Downey, California (hereinafter "Subject Site "), zoned R -1
(Single - Family Residential);
B. On October 3, 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 16,
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 -00185 (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 carnival is consistent with the General Plan
Policy 8.4.3. The activity proposed by PLN -13 -00185 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, St. Raymond Church has operated this temporary
carnival as an annual event. Finally, Program 6.3.1.6 of the City's Vision 2025,
Resolution No. 13-
Downey Planning Commission
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.
St. Raymond Catholic Church is located within the R -1 (Single - Family
Residential) zone. 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 -00185 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, this application is subject to
several conditions of approval, which 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- 00185,
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 16th day of October 2013.
Louis Morales, Chairman
City Planning Commission
PLN 13 -00185 (Special Event Permit)
12348 Paramount Boulevard
October 16, 2013 - Page 2
Resolution No. 13-
Downey 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 16th day of October
2013, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN 13 -00185 (Special Event Permit)
12348 Paramount Boulevard
October 16, 2013 - Page 3
Resolution No. 13-
Downey Planning Commission
PLN -13 -00185 (SPECIAL EVENT PERMIT)
EXHIBIT A — CONDITIONS
PLANNING
1) This approval of PLN -13 -00185 (Special Event Permit) allows St. Raymond Catholic
Church to host a three -day carnival (October 25, 26, and 27, 2013) on the church parking
lot, located at 12358 Paramount Boulevard.
2) All activities shall occur during the following time frames:
• Friday, October 25, 2013, between the hours of 4:00 p.m. and 11:00 p.m.
• Saturday, October 26, 2013, between the hours of 10:00 a.m. and 11:00 p.m.
• Sunday, October 27, 2013, between the hours of 1:00 p.m. and 10:00 p.m.
3) Approved activities for the St. Raymond carnival shall consist of carnival rides, food, a
beer garden, live music, and a haunted house.
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 23, 2013.
6) Clean -up activities, which include the removal of bright lights, all tables and chairs, tents,
trash receptacles, stage, electrical equipment, garbage, and the removal of accessory uses
(including carnival apparatus),shall conclude no later than 10:00 p.m. on Monday, October
28, 2013.
7) The generator 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.
8) All necessary lighting shall face the main event (booths and stage). The Applicant shall
direct said lights away from any residential uses nearby.
9) The Applicant shall comply with all State of California Department of Alcoholic Beverages
Control (ABC) requirements for the beer garden.
10) The sale of alcoholic beverages shall comply with the requirements of the State
Department of Alcoholic Beverage Control.
11) The owner /applicant must provide three (3) licensed security guards on -site during the
duration of the event (October 25, 26 and 27, 2013). At least one of the security guards
shall be stationed in the beer garden.
12) The Applicant shall obtain the Fire Department's approval for the use of any tents.
13) 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 building and safety.
PLN 13 -00185 (Special Event Permit)
12348 Paramount Boulevard
October 16, 2013 - Page 4
Resolution No. 13-
Downey Planning Commission
14) During the three -day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
15) Generators shall not be refueled hot.
16) 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.
17) The owner /applicant shall provide trash receptacles on the subject site, including parking
lots, for the proper disposal of food items and trash generated by the event. 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.
18) The Applicant shall ensure that patrons or event equipment (including temporary
signage) does not block public sidewalks.
19) Hand held signs shall not be utilized on public or private property to advertise the event.
20) Handicap parking stalls in the parking area must remain accessible for all uses.
21) The Applicant shall obtain the Fire Department's approval for the use of any tents.
22) 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.
23) The Applicant shall obtain all necessary plan approvals and permits. All carnival activities
shall be held on this property only.
24) 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. Parking lot maintenance by hosing method shall be
prohibited at all times. (Refer to Attachment A: Best Management Practice attached
herewith).
PLN 13 -00185 (Special Event Permit)
12348 Paramount Boulevard
October 16, 2013 - Page 5
Resolution No. 13-
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 -00185 (Special Event Permit)
12348 Paramount Boulevard
October 16, 2013 - Page 6