HomeMy WebLinkAboutPC Resolution 13-2850 RESOLUTION NO. 13-2850
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. 13-2850
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.
M-3/4
Robert Kiefer, Vice 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: Lujan, Flores, and Kiefer
ABSENT: COMMISSIONERS: Rodriguez and Morales
NOES: COMMISSIONERS: None
Mary C vanagh, Se tary
City Planning Commission
PLN 13-00178(Special Event Permit)
10441 Downey Ave
October 2,2013-Page 2
Resolution No. 13-2850
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. 13-2850
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. 13-2850
Downey Planning Commission
L 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
Lprevent 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
(Owner or authorized agent of the owner)
L Signature Date
(Owner or authorized agent of the owner)
PLN 13-00178(Special Event Permit)
10441 Downey Ave
October 2,2013-Page 5