HomeMy WebLinkAboutPC Resolution 13-2853 RESOLUTION NO. 13-2853
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. 13-2853
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 Oc •ber 2013.
. .0
LGuis Moral,s, Chairman
ity 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 16th day of October
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, and Chairman Morales
ABSENT: COMMISSIONERS: None
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Lujan and Kiefer
Mary C-vanagh, Secr ry
City Planning Commission
PLN 13-00185(Special Event Permit)
12348 Paramount Boulevard
October 16,2013-Page 2
Resolution No. 13-2853
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.
PLN 13-00185(Special Event Permit)
12348 Paramount Boulevard
October 16,2013-Page 3
Resolution No. 13-2853
Downey Planning Commission
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.
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 4
Resolution No. 13-2853
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.
n 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.
C7 Non-storm water runoff from equipment and vehicle washing and any other activity shall
be contained at the project site.
Cl 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.
n 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)
Signature Date
(Owner or authorized agent of the owner)
PLN 13-00185(Special Event Permit)
12348 Paramount Boulevard
October 16,2013-Page 5