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Home My WebLink AboutPC Resolution 14-2876 RESOLUTION NO. 14-2876 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00101 (SPECIAL EVENT PERMIT) -A REQUEST BY SAINT GEORGE GREEK ORTHODOX CHURCH TO CONDUCT A GREEK FESTIVAL ON TWO CONSECUTIVE DAYS (JUNE 7 AND JUNE 8, 2014), ON PROPERTY LOCATED AT 10830-10846 DOWNEY AVENUE AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) 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 May 5, 2014, Christina Davilas (hereinafter "Applicant") submitted a Land Use Permit Application (PLN 14-00101) requesting approval of a special event permit to allow the operation of a Greek festival on property located at 10830-10846 Downey Avenue (Saint George Greek Orthodox Church), Downey, California (hereinafter "Subject Property"). B. The proposed special event will occur over a two-day period: Saturday June 7 and Sunday June 8, 2014. C. The subject property is zoned R-2 (Two-Family Residential) and R-3 (Multiple- Family Residential). D. On May 8, 2014, the City of Downey sent notice of the pending public hearing to all Downey property owners within 500 feet of the subject site and published the in the Downey Patriot. E. The Planning Commission held a duly noticed public hearing on May 21, 2014, and fully considered all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN-14- 00101 (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), 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 Special Event proposed by PLN-14-00101 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, this is an annual event for St. George Greek Orthodox Church. Program 6.3.1.6 of the City's 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, a condition of approval of PLN-14-00101 prohibits the Resolution No. 14-2876 Downey Planning Commission Applicant from installing electric generators, or other noise-generating equipment any closer than 10 feet from any structures and not less than 25 feet from any property line. B. The site of the special event proposed by PLN-14-00101 is located within the DDSP (Downtown Downey Specific Plan), where special events such as outdoor events and festivals are permitted, subject to Section 2.4.2 — Temporary Uses and Special Events of the Downtown Downey Specific Plan. The proposed special event will occur within the easterly portion of the Saint George Greek Orthodox Church parking lot. The event will not hinder the movement of traffic or create impacts unto adjoining properties. The Applicant will meet the City's parking requirements by securing permission to utilize 108 parking spaces at Downey United Methodist Church across the street from the subject site, and 75 parking spaces on a parking lot owned by First Baptist Church (8348 East Third Street) to the south. A condition of approval addresses concerns related to noise, light and glare, and other potential nuisances. Therefore, the special event is consistent with the other provisions of Article IX of the Municipal Code. C. Approving PLN-14-00101 (Special Event) will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary two-day event and it occurs once a year at the subject property. Nevertheless, the conditions of approval prevent such conditions and circumstances that may be contrary to the public health, safety and welfare from occurring. 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-14-00101 (Special Event Permit), subject to the Conditions Of Approval attached hereto as Exhibit A, 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 21st day of May 2014. Robert Kiefer, Chair an City Planning Commission PLN-14-000101 — 10830-10846 Downey Avenue May 21, 2014- Page 2 Resolution No. 14-2876 Downey 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 21st day of May 2014, by the following vote, to wit: AYES: COMMISSIONER: Kiefer, Lujan, Morales, Flores and Rodriguez ABSENT COMMISSIONER: None ABSTAIN: COMMISSIONER: None NOES: COMMISSIONER: None / &/, Mary Ca -nagh, Secrets City Planning Commission PLN-14-000101 — 10830-10846 Downey Avenue May 21, 2014- Page 3 Resolution No. 14-2876 Downey Planning Commission EXHIBIT A— CONDITIONS PLN-14-00101 (SPECIAL EVENT) PLANNING 1. This approval of PLN-14-00101 (Special Event Permit) allows Saint George Greek Orthodox Church, to host a two-day Greek festival on Saturday, June 7 and Sunday, June 8 2014, between the hours of 11:00 a.m. and 10:00 p.m. 2. Approved activities for the Greek festival shall consist of: a) One 10' x 40' tent for festival entrance; b) One 10' x 70' for 5 vendors; c) One 10' x 80' for 6 vendors; d) One 10' x 10' raffle booth; e) One 10' x 45' sweets booth; f) One 20' x 20' covered eating area; g) One 20' x 40' covered eating area; h) Two 10' x 30' food vending area; i) Three 10' x 20' food/ beverage vending area; j) One 20' x 20' covered music area with 3 ft high raised 16' x 16' stage. 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. 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. 5. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles. stage, electrical equipment, and garbage shall be removed between 8:00 a.m. to 3:00 p.m. on Monday, June 9, 2014, by 4:00 p.m. 6. If a generator is to be used, it 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. 7. The Applicant shall ensure that all necessary lighting shall face the main event (booths and stage). The Applicant shall direct lighting away from La Villa Street and away from any residential uses nearby. 8. The Applicant shall obtain any necessary Health Department approvals required for the sale of food at the Greek Festival, prior to the start of the event. PLN-14-000101 — 10830-10846 Downey Avenue May 21, 2014- Page 4 Resolution No. 14-2876 Downey Planning Commission 9. The sale of alcoholic beverages shall comply with the requirements of the State Department of Alcoholic Beverage Control. 10. The alcohol area (beer and wine) shall be contained within a "beer garden" area where patrons may consume alcohol. 11. The Applicant shall obtain all required Building Department, Police Department and Fire Department permits prior to the start of the event. ENGINEERING 12. Provide sufficient trash receptacles for the disposal of food and other goods. 13. Parking areas shall be swept clean after the event. There shall be no hosing down of the parking area. BUILDING 14. Handicap stalls in the parking area must remain accessible for all uses. FIRE 15. The Applicant shall obtain the Fire Department's approval for the use of any tents. 16. Occupancy within the building shall not exceed the maximum allowed. 17. If a generator is to be used, it shall be located a minimum distance of 10 feet from any structure. POLICE 18. The Applicant must have two (2) licensed security guards on-site during the duration of the event (June 7 and June 8, 2014 from 10:00 a.m. to 11:00 p.m.). PLN-14-000101 — 10830-10846 Downey Avenue May 21, 2014- Page 5