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HomeMy WebLinkAbout4. PLN-14-00077 11040 Brookshire STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MAY 7, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-14-00077 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH SCHOOL BAND BOOSTERS TO CONDUCT A FOUR-DAY CARNIVAL ON MAY 23-26, 2014, WHICH INCLUDES CARNIVAL RIDES, MUSIC,GAME BOOTHS, AND FOOD SALES, ON THE SOUTH PARKING LOT OF DOWNEY HIGH SCHOOL LOCATION: 11040 DOWNEY AVENUE ZONING: R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY RESIDENTIAL) REPORT SUMMARY The Applicant seeks the Planning Commission’s approval of PLN-14-00077 regarding a special event permit to allow a carnival to take place on the parking lot of Downey High School over the course of a three-day weekend (May 23-26, 2014). The proceeds for the carnival will benefit the Downey High School Band and Color Guard programs. The Applicant’s request is pursuant to Downey Municipal Code Section 9420, which allows temporary outdoor events, subject to the approval of a Special Event Permit. The Planning Commission’s authority to consider the requested Special Event Permit is set forth in Municipal Code Section 9420.04 (c), which states that events involving over five hundred (500) people shall require Commission approval. As such, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00077 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH SCHOOL BAND BOOSTERS TO CONDUCT A FOUR-DAY CARNIVAL ON MAY 23- 26, 2014, WHICH INCLUDES CARNIVAL RIDES, MUSIC, GAME BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL, LOCATED AT 11040 DOWNEY AVENUE, AND ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY RESIDENTIAL) BACKGROUND On April 4, 2014, Priscilla Melendez-Braymiller, submitted a Land Use Permit Application (PLN 14- 00077) on behalf of the Downey High School Band Boosters, to request the Planning Commission’s approval of a special event permit for a carnival at Downey High School. The proposed carnival would occur over a four-day period: May 23-26, 2014. PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 2 Downey High School is at the northeast corner of Brookshire Avenue and Firestone Boulevard. The school site comprises five parcels and approximately 42 acres of land with classroom buildings, administrative offices, sports fields, a swimming pool facility, and tennis courts. A construction project is underway involving a multi-story classroom building along the westerly side of the school site. Downey High School also has three parking lots that are located at the northerly side of the school (adjacent to the swimming pool and tennis courts), on the east side of the school (south of the baseball field), and at the southwest area of the school property immediately adjacent to Brookshire Avenue and Firestone Boulevard. A driveway on Brookshire Avenue provides access to the parking lot on the northerly side of the school, a driveway aisle on Lakewood Boulevard provides access to the easterly parking lot, and two driveways (one on Brookshire Avenue and another on Firestone Boulevard) provide vehicular access to the southerly parking lot. This parking lot is the primary parking lot of the school and it will be the site of the proposed carnival. The Downey High School property has a General Plan Land Use Designation of M-U (Mixed Use) and it is zoned R-2 (Two-Family Residential) and R-3 (Multiple-Family Residential). Single family dwellings and apartment buildings border the north side of the school, single-family dwellings and office buildings border the east, the Downey Civic Center is west of the subject site on the opposite side of Brookshire Avenue, and retail uses exist on the south side of Firestone Boulevard and south of Downey High School. DISCUSSION The carnival PLN-14-00077 proposes is a fundraiser to for Downey High School Band and Color Guard programs. Activities at the carnival include large carnival rides, kid-size rides, carnival music, game booths, ticket booths, and food sales. As this report mentioned previously, the proposed four-day carnival will occur on Friday through Monday, May 23-26, 2014. The carnival will take place in the southerly parking lot of Downey High School, which borders Brookshire Avenue and Firestone Boulevard. The hours proposed for the outdoor carnival will be as follows: • Friday, May 23, 2014: 5:00 p.m. to 11:00 p.m. • Saturday, May 24, 2014: 1:00 p.m. to 11:00 p.m. • Sunday, May 25, 2014: 1:00 p.m. to 11:00 p.m. • Monday, May 26, 2014: 1:00 p. m. to 9:00 p.m. Downey High School’s parking lots will be available to carnival guests and participants. There are about 300 parking spaces in the north parking lot, the easterly lot has 120 spaces, and the 100 parking spaces will remain in the east end of the south parking lot after the carnival rides and booths are in place. For last year’s carnival, a private firm provided security for the carnival. This year, the applicant proposes to lower the number of security guards on site during carnival hours of operation. If this application is approved, there will be a condition requiring the applicant to maintain at least three security guards on-site for the duration of carnival operating hours. The aforementioned condition is consistent with the amount of security required by the City of Downey Police Department during last year’s event. Security guards will be unarmed as they have been in preceding years. Additionally, security guards will be required to wear apparel which clearly denotes them as PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 3 security personnel. Said apparel will consist of light blue shirts that will read “SECURITY” in large white letters to be located on the front, back and around the sleeves of their shirts. The special event application does not mention the use of live musicians or amplified music for the carnival, other than the music associated with the carnival rides. The carnival will be set up in the southerly parking lot, approximately 500 feet from the residential properties to the east, and about 1,200 feet from the residential properties to the north. They propose to locate a generator in the southwest area of the southerly parking lot, adjacent to the area designated for large rides. Scheduling carnival set-up times and site cleanup times are important because these activities affect parking and traffic circulation at Downey High School and the Downey Civic Center. Staff assumes that set up activities will begin Wednesday May 21, 2014, after school lets out. The Applicant is required to use a street sweeper to clean the school parking lots Monday night. Visitors might be inclined to use the City’s parking lots across the street since they are in close proximity to Downey High School; therefore, the sweepers will clean those lots as well. The Applicant is also required to pick up trash during the carnival and in the immediate vicinity of the school. The carnival operator also has a clean-up crew; they are to clean the school’s parking lot every night before leaving. 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 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. 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 the band and color guard programs of Downey High School, it is open to the public, and it will include food, games, and rides for attendees to enjoy, allowing the proposed activity will be consistent with the aforementioned General Plan program. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The location of the proposed carnival is the southernmost parking lot at Downey High School. The subject property is located within the R-2 (Two-Family Residential) and R-3 (Multiple-Family Residential) zones, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 4 four-day outdoor carnival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Downey 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. 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-14-00077 proposes will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary four-day outdoor event. Nevertheless, staff is recommending several conditions of approval that will prevent the event from impacting surrounding sites. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-14-00077, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 5 EXHIBITS SITE LOCATION SUBJECT PROPERTY DOWNEY HIGH SCHOOL 11040 BROOKSHIRE AVENUE PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 6 ZONING MAP Zoning Legend 1 DDSP Downtown Downey Specific Plan 2 SP 89-1 Stonewood Specific Plan R-1 Single-Family Residential R-2 Two-Family Residential R-3 Multiple-Family Residential C-2 General Commercial P-B Parking Buffer C-M Commercial Manufacturing H-M Hospital-Medical Arts C-P Professional Office M-2 General Manufacturing SUBJECT PROPERTY 1 2 PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 7 SITE PHOTOGRAPH AERIAL PHOTOGRAPH PLN-14-00077 (Special Event) – 11040 Brookshire Avenue May 7, 2014 - Page 8 AERIAL PHOTOGRAPH OF EVENT AREA RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00077 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH SCHOOL BASEBALL BOOSTERS TO CONDUCT A FOUR -DAY CARNIVAL ON MAY 23-26, 2014 WHICH INCLUDES CARNIVAL RIDES, MUSIC, GAME BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL, LOCATED AT 11040 DOWNEY AVENUE, AND ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-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 April 4, 2014, Priscilla Melendez-Braymiller, submitted a Land Use Permit Application (PLN 14-00077) on behalf of the Downey High School Band and Color Guard Programs, to request the Planning Commission’s approval of a special event permit for a carnival at Downey High School, located at 11040 Downey Avenue (hereinafter "Subject Property"), B. The proposed carnival will occur over a four-day period: May 23 -26, 2014 C. The subject property is zoned R-2 (Two-Family Residential) and R-3 (Multiple- Family Residential). D. The General Plan designation of the subject property is MU (Mixed Use). E. On April 24, 2014, 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. F. The Planning Commission held a duly noticed public hearing on May 7, 2014, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted this Resolution, 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 the athletic programs of Downey High School, it is open to the public, and it will include food, 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 at Downey High School. The subject property is located within the R-2 (Two-Family Resolution No. _____ Downey Planning Commission PLN-14-00077 (Special Event Permit) – 11040 Brookshire Avenue May 7, 2014 - Page 2 Residential) and R-3 (Multiple-Family Residential) zones, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The four-day outdoor carnival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Downey 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-14-00077 proposes will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary four-day outdoor event. Nevertheless, staff is recommending several conditions of approval that 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-14-00077 (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 7th day of May 2014. Robert Kiefer, 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 7th day of May 2014, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. _____ Downey Planning Commission PLN-14-00077 (Special Event Permit) – 11040 Brookshire Avenue May 7, 2014 - Page 3 EXHIBIT A – CONDITIONS OF APPROVAL PLN-14-00077 (Special Event Permit) PLANNING 1. This approval of PLN-14-00077 (Special Event) allows the Applicant to host a four-day outdoor Carnival on the south parking lot area of Downey High School, located at 11040 Brookshire Avenue. The hours for the carnival shall be as follows: • Friday, May 23, 2014: 5:00 p.m. to 11:00 p.m. • Saturday, May 24, 2014: 1:00 p.m. to 11:00 p.m. • Sunday, May 25, 2014: 1:00 p.m. to 11:00 p.m. • Monday, May 26, 2014: 1:00 p.m. to 9:00 pm. 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, food trucks, game booths, a fun house, and large mechanical rides. 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 (including the Downey Civic Center). 6. Speakers for amplified sound shall face westerly, away from the adjoining residential properties. 7. All outdoor activities shall cease by 10:00 p.m. on Monday, May 26 , 2013. 8. Set-up may begin no sooner than 4:00 p.m. on Wednesday, May 22, 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 May 26, 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 and from the construction areas on the school property. 12. All necessary lighting shall be directed away from any residential uses nearby. Resolution No. _____ Downey Planning Commission PLN-14-00077 (Special Event Permit) – 11040 Brookshire Avenue May 7, 2014 - Page 4 13. Any necessary Health Department approvals required for the sale of food shall be obtained prior to the start of the event. 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. FIRE 19. The applicant shall obtain Downey the Fire Department’s approval for the use of any tents. 20. All tents, extinguishers and electrical work must in place by noon on the Friday before the event to enable an inspection by the Downey Fire Department and the City of Downey Building and Safety Division. 21. During the three-day event, cooking is not permitted inside buildings without the advance approval from the Downey Fire Prevention Bureau. 22. Generators shall not be refueled hot. POLICE 23. The owner/applicant must provide three (3) licensed security guards on-site during the duration of the event. The security guards shall wear apparel consisting of the word “SECURITY” in large white letters on the front, back, and around the sleeves of their shirts. PUBLIC WORKS/ENGINEERING 24. The owner/applicant shall obtain all necessary plan approvals and permits. 25. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal of food and debris. Resolution No. _____ Downey Planning Commission PLN-14-00077 (Special Event Permit) – 11040 Brookshire Avenue May 7, 2014 - Page 5 26. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 27. 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). 28. The closure of public streets for parking purposes shall not be permitted at any time.