HomeMy WebLinkAboutPC Resolution 13-2854 RESOLUTION NO. 13-2854
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
PLN-13-00198 (SPECIAL EVENT) -A REQUEST BY CALVARY CHAPEL CHURCH TO
CONDUCT A ONE-DAY OUTDOOR "ALTERNATIVE NIGHT" EVENT ON THURSDAY
OCTOBER 31, 2013, FROM 5:00 PM TO 9:00 PM, WHICH INCLUDES LIVE
ENTERTAINMENT, JUMPERS, GAME BOOTHS, AND FOOD SALES, ON THE
PARKING LOT OF PROPERTY LOCATED AT 12808 WOODRUFF AVENUE, ZONED
C-2 (GENERAL COMMERCIAL)
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 September 18, 2013, Jason Norton, submitted a Land Use Permit Application
(PLN-13-00198) on behalf of Calvary Chapel Church, to request the Planning
Commission's approval of a special event permit for a one-day"Alternative Night"
on the church parking lot, located at 12808 Woodruff Avenue (hereinafter
"Subject Property"),
B. The proposed event would occur over a one-day period: October 31, 2013.
C. The subject property is zoned C-2 (General Commercial).
rn D. On October 3, 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.
E. The Planning Commission held a duly noticed public hearing on October 16,
2013, and after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Resolution No. 13-2854,
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 event is a fundraising event to benefit Calvary Chapel
Church, it is open to the public, and it will include food, games, bouncers, and
music entertainment for attendees to enjoy, allowing the proposed activity will be
consistent with the aforementioned General Plan program.
B. The location of the proposed celebration is on the parking lot of Calvary Chapel.
The subject property is located within the C-2 (General Commercial) zone, where
special events such as outdoor activities, carnivals and fairs are permitted,
subject to the criteria found in Section 9420 of the Downey Municipal Code. The
one-day outdoor celebration will not impinge on the surrounding properties since
Resolution No. 13-2854
Downey Planning Commission
the special event is not a permanent alteration to the site. The parking needs for
Calvary Chapel will not be impacted by the by the proposed event, because the
event will take place in the evening, between 5:00 pm and 9:00 pm, when church
is not in session.
C. The special event PLN-13-00198 proposes will not result in conditions contrary to
the public health, safety and general welfare given that it is a temporary one-day
outdoor event. Nevertheless, the attached conditions of approval include
requirements for the applicant to provide licensed security guards on-site for the
duration of the event and amplified speakers shall face away from the adjoining
residential properties. These conditions will address any issues that may arise
and 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-13-00198
(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 16th day of October, 2013.
/ ouis Mora -s, Chairman
City Plan ng 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: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Ca anagh, Secret
City Planning Commission
.01
PLN-13-00198(Special Event)—12808 Woodruff Ave
October 16,2013-Page 2
Resolution No. 13-2854
Downey Planning Commission
PLN-13-00198 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval of PLN-13-00198 (Special Event) allows for a special event to be held on
Thursday, October 31, 2013, from 5:00 p.m. to 9:00 p.m. Approved activities include:
Activity/fun booths, food booths, a live entertainment stage and open area seating, all
taking place within the northern portion of the church's property, in a parking lot (see
attached, approved site plan).
2. Activities of the Special Event shall be limited to the north parking lot of the Cavalry
Chapel, with the remained of the site being reserved for parking of patron vehicles.
3. 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.
4. Setup for the event shall occur no earlier than 12:00 p.m. on Thursday, October 31, 2013
and the event shall be cleaned up no later than Friday, November 1, 2013 at 6:00 p.m.
5. Light generators may be brought to the property the day before the event. The remainder
of the set-up for the event shall commence no sooner than 12:00 p.m. on Thursday,
October 31, 2013.
6. The Applicant shall have volunteers patrol the parking areas and site perimeter to pick-up
trash and litter during all hours of the event. In addition, the applicant shall be responsible
to clean up and remove all trash on the public streets surrounding the property, no later
than 11:30 p.m. the day of the event.
7. The Applicant shall provide sufficient trash receptacles on-site for the disposal of food and
other goods.
8. There sale of alcohol on the subject property is prohibited.
9. Live entertainment (disc jockey, amplified music, etc) shall be permitted during the hours of
the event.
10. All speakers for amplified noise shall be directed away from adjacent residential areas.
11. All required Building Department, Police Department, Public Works Department and Fire
Department permits shall be obtained prior to the start of the event.
12. All Health Department approvals required for the sale or serving of food shall be obtained
prior to the start of the event.
13. Pursuant to Downey Municipal Code Section 9534.16, the subject property shall maintain,
for safety vision purposes, a triangular area formed by the lot lines adjoining the
intersecting streets for a distance of twenty-five (25) feet from such intersection and a line
PLN-13-00198(Special Event)—12808 Woodruff Ave
October 16,2013-Page 3
Resolution No. 13-2854
Downey Planning Commission
connecting the ends of such lot lines, and within the area comprising such triangle nothing
shall be erected, or placed in such a manner as materially to impede vision (see diagram).
14. 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.
FIRE
15. The applicant shall obtain the Fire Department's approval for the use of any tents.
16. 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.
POLICE
17. The owner/applicant must provide licensed security guards on-site during the duration of
the event.
PUBLIC WORKS/ENGINEERING
18. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
19. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
20. 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).
21. The owner/applicant shall obtain all necessary plan approvals and permits.
22. Closure of public streets for parking purposes shall not be permitted at any time.
23. Handicap stalls in the parking area must remain accessible for all uses.
24. The owner/applicant shall provide sufficient restroom facilities for patrons.
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