HomeMy WebLinkAboutPC Resolution 14-2874 RESOLUTION NO. 14-2874
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)
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. 14-2874
Downey Planning Commission
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, Chair an
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 7ch day of May 2014,
by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Mary Cavanagh, Secretary
City Planning Commission
PLN-14-00077(Special Event Permit)—11040 Brookshire Avenue
May 7,2014-Page 2
Resolution No. 14-2874
Downey Planning Commission
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, 2014.
8. Set-up may begin no sooner than 4:00 p.m. on Wednesday, May 22, 2014.
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, 2014.
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.
PLN-14-00077(Special Event Permit)—11040 Brookshire Avenue
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Resolution No. 14-2874
Downey Planning Commission
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.
PLN-14-00077(Special Event Permit)—11040 Brookshire Avenue
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Resolution No. 14-2874
Downey Planning Commission
25. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
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.
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