HomeMy WebLinkAbout5. PLN-14-00089 11040 BrookshireCityofDowney STAFF REPORT
PLANNING DIVISION
DATE: JUNE 18, 2014
TO: PLANNING COMMISSION
FROM: ALDO ESTRELLA SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN- 1400089 (SPECIAL EVENT PERMIT) — A REQUEST BY CALVARY
CHAPEL CHURCH TO CONDUCT A ONE -DAY FOURTH OF JULY
CELEBRATION ON FRIDAY JULY 4, 2014, FROM 12:00 P.M. TO 9:00 P.M.,
WHICH INCLUDES LIVE ENTERTAINMENT, JUMPERS, GAME BOOTHS,
FOOD SALES, AND AN AERIAL FIREWORKS SHOW, ON THE SPORTS
FIELDS OF DOWNEY HIGH SCHOOL, ZONED R -2 (TWO- FAMILY
RESIDENTIAL) AND R -3 (MULTIPLE - FAMILY RESIDENTIAL)
LOCATION: 11040 BROOKSHIRE AVENUE
ZONING: ZONED R -2 (TWO- FAMILY RESIDENTIAL) AND R -3 (MULTIPLE- FAMILY
RESIDENTIAL)
REPORT SUMMARY
Calvary Chapel Church seeks the Planning Commission's approval a special event permit to
allow their 4`" Annual Independence Day celebration to occur at Downey High School, on Friday
July 14, 2014. The proceeds for the event will benefit. Downey High School and Calvary Chapel
Church. Calvary Chapel made this request 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 PLN -14 -00089 (SPECIAL EVENT) A REQUEST BY CALVARY CHAPEL
CHURCH TO CONDUCT A ONE -DAY FOURTH OF JULY CELEBRATION ON
FRIDAY JULY 4, 20'14, FROM 12:00 P.M. TO 9:00 P.M., WHICH INCLUDES LIVE
ENTERTAINMENT, JUMPERS, GAME BOOTHS, FOOD SALES, AND AN AERIAL
FIREWORKS SHOW, ON THE SPORTS FIELDS OF DOWNEY HIGH SCHOOL,
ZONED R -2 (TWO - FAMILY RESIDENTIAL) AND R -3 (MULTIPLE - FAMILY
RESIDENTIAL)
BACKGROUND
On April 23, 2014, Hector Gonzales, submitted a Land Use Permit Application (PLN -14- 00089) on
behalf of Calvary Chapel Church, to request the Planning Commission's approval of a special
event permit for the Independence Day celebration at Downey High School, 11040 Brookshire
Avenue. The proposed event will occur on Friday July 4, 2014,
Downey High School is at the northeast corner of Brookshire Avenue and Firestone Boulevard. It
comprises five parcels and approximately 42 acres 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.
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
PLN -14 -00089 proposes the Independence Day celebration as an event for the entire
community to enjoy on Friday, July 4, 2014. Activities include live entertainment, food booths,
games, bouncers, and a fireworks show. The event will take place around the sports fields, just
south of Fifth Street. Games, music and food areas will be located west of the sports fields,
adjacent to the tennis courts. A licensed pyrotechnics company will perform a fireworks show
from the school's baseball field. Event participants will view the fireworks while seated in the
football stadium.
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 about 450
parking spaces at the south parking lot (at northeast corner of Brookshire Avenue and Firestone
Boulevard). The Applicant delineated two paths for pedestrians to travel toward the event area: via
the parking lot at the southwest corner of the campus, and from Stonewood Mall and Lakewood
Boulevard on the easterly side of the campus.
Downey High will provide off -duty officers and Calvary Chapel Church will provide security for the
event. If this application is approved, a condition of approval will require security guards on -site
through the entire event. The security guards will be unarmed and they will work for the duration of
the event.
The special event permit application indicates the use of live musicians and amplified music for the
Independence Day celebration. A stage will be set up in the northwest corner of the football
stadium, approximately 150 feet from the residential properties to the north. To minimize potential
PLN -14 -00089 (Special Event) — 11040 Brookshire Avenue
June 18, 2014 - Page 2
impacts of the event on these homes, staff has recommended conditions that require the Applicant
to direct amplified sound away from the homes, and to arrange for trash to be picked up on
campus and in the immediate vicinity of the school. Another condition requires the Applicant to
make restroom facilities available to patrons. The proposed hours of operation for the event are
12:00 noon to 9:00 p.m., with live entertainment beginning at 2:00 p.m.
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
outdoor activities, carnivals, fairs, 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 Calvary Chapel Church and Downey High
School, it is open to the public, and it will include food, games, bouncers, live entertainment
and a fireworks show 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 celebration is on the grounds of Downey High School, around
the athletic field. 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
activities, carnivals and fairs are permitted, subject to the criteria found in Section 9420 of
the Downey Municipal Code. The Independence Day celebration 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 event will take place on a holiday, July 4th between 12:00 pm and 9:00 pm,
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 -00089 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, staff is recommending several conditions of approval that including the
PLN -14-( 089 (Special Event) —11040 Brookshire Avenue
June 18, 2014 - Page 3
applicant to provide licensed security guards on -site during 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.
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- 00089, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development \DavislcaseslSpecial Events #PLN -14- 00089 11040 Brookshire) Calvary Chapel 4th of
July\Staff Report.doc
PLN -14 -00089 (Special Event) — 11040 Brookshire Avenue
June 18, 2014 - Page 4
EXHIBITS
PROJECT LOCATION
PLN -14 -00085 (Special Event) —11040 Brookshire Avenue
June 18, 2014 - Page 5
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RESOLUTION NO. 14-
PLN -14 -00089 (SPECIAL EVENT PERMIT) --- A REQUEST BY CALVARY
CHAPEL CHURCH TO CONDUCT A ONE -DAY FOURTH OF JULY
CELEBRATION ON FRIDAY JULY 4, 2014, FROM 12:00 P.M. TO 9:00 P.M.,
WHICH INCLUDES LIVE ENTERTAINMENT, JUMPERS, GAME BOOTHS,
FOOD SALES, AND AN AERIAL FIREWORKS SHOW, ON THE SPORTS
FIELDS OF DOWNEY HIGH SCHOOL, ZONED R -2 (TWO- FAMILY
RESIDENTIAL) AND R -3 (MULTIPLE- FAMILY RESIDENTIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNIEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A, On April 23, 2014, Hector Gonzales, submitted a Land Use Permit Application
(PLN 14- 00089) on behalf of the Downey High School and Calvary Chapel
Church, to request the Planning Commission's approval of a special event permit
for a Fourth of July celebration at Downey High School, located at 11040 Downey
Avenue (hereinafter "Subject Property "),
B. The proposed celebration would occur on Friday July 4, 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 June 5, 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 June 18, 2014,
and after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 14- , 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 and Downey High School, it is open to the public, and it will include food,
games, bouncers, live entertainment and a fireworks show for attendees to enjoy,
allowing the proposed activity will be consistent with the aforementioned General
Plan program.
Resolution No. 14-
Downey Planning Commission
B. The location of the proposed celebration is on the grounds of Downey High
School, around the athletic field. 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 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
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 event will take place on a holiday, July 0, between 12:00 pm and 9:00 pm,
when school is not in session.
C. The special event PLN -14 -00089 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, staff is recommending several conditions of
approval that including the applicant to provide licensed security guards on -site
during 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 -14 -00089
(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 18th day of June 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 18th day of June
2014, by the following vote, to wit:
AYES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
NOES:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN -14- 00080 (Special Event Permit) — 11040 Brookshire Avenue
June 18, 2014 - Page 2
Resolution No. 14-
Downey Planning Commission
PLN -13 -00106 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval of PLN -14 -00089 (Special Event) allows the Applicant to host an
Independence Day celebration on the grounds of Downey High School, located at 11040
Brookshire Avenue. The hours for the event shall be on Friday, July 4, 2014, from 12:00 p.m.
until 9:00 p.m.
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 live entertainment, food
booths, games, bouncers, and a fireworks show.
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), the adjacent sidewalks and neighborhoods.
6. The Applicant shall direct loudspeakers away from the residential structures nearby.
7. All outdoor activities shall cease by 9:00 p.m, on Friday, July 4, 2014,
8. Set -up times shall end at 7:00 p.m. on Thursday, July 3, 2014 and shall not begin before 8:00
a.m. on Friday, July 4, 2014,
9. Clean -up activities, which include the removal of all tables and chairs, booths, trash
receptacles, the generator, electrical equipment, bouncers, stage and garbage shall be
completed no later than 11:30 p.m. the same day of the event (Friday, July 4, 2014) .
10. The generator shalf 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.
12. All necessary lighting shall be directed away from any residential uses nearby
13. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
14. 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 event, prior to the start of the event.
PAN -14- 00089 (Special Event Permit) — 11040 Brookshire Avenue
.tune 18, 2014 - Page 3
Resolution No. 14-
Downey Planning Commission
15. The safe and consumption of alcoholic beverages shall be prohibited.
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 the Fire Department's approval for the use of any tents.
20. The applicant shall obtain the Fire Department's approval to discharge fireworks.
21. 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.
22. During the one -day event, cooking is not permitted inside and outside buildings without the
advance approval from the Downey Fire Prevention Bureau.
23. Generators shall not be refueled hot.
POLICE
24. The owner/applicant must provide licensed security guards on -site during the duration of the
event.
PUBLIC WORKSIENGINEERING
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).
PLN -14 -00089 (Special Event Permit) — 11040 Brookshire Avenue
June 18, 2014 - Page 4
Resolution No. 14-
Downey Planning Commission
28. The owner /applicant shall obtain all necessary plan approvals and permits.
29. Closure of public streets for parking purposes shall not be permitted at any time.
BUILDING
30. Handicap stalls in the parking area must remain accessible for all uses.
31. The owner /applicant shall provide sufficient restroom facilities for patrons.
HACommunity DevenopmentlDavislcaseslSpecial EventslPLN -14 -00089 11049 Brookshire) Calvary Chapel 4th of
JulyNRESO.doc
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