HomeMy WebLinkAbout4. PLN-14-00156 - 10441 DowneySTAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 3, 2014
TO: PLANNING COMMISSION
FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-14-00156 (SPECIAL EVENT PERMIT) - A REQUEST TO PERMIT THE
OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS
(OCTOBER 17, 18, AND 19, 2014), IN CONJUNCTION WITH THE OUR LADY
OF PERPETUAL HELP SCHOOL
LOCATION: 10441 DOWNEY AVENUE
ZONING: R-3 (MULTI-FAMILY RESIDENTIAL)
REPORT SUMMARY
Our Lady of Perpetual Help School seeks the Planning Commission’s approval of a special
event permit to allow them to conduct their annual carnival. After reviewing the materials and
information submitted with the Land Use Permit Application, staff recommends that the Planning
Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00156 (SPECIAL EVENT PERMIT): A REQUEST TO
PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE
CONSECUTIVE DAYS (OCTOBER 17, 18, AND 19, 2014), IN CONJUNCTION
WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY
LOCATED AT 10441 S. DOWNEY AVENUE, ZONED R-3 (MULTI-FAMILY
RESIDENTIAL)
BACKGROUND
On July 10, 2014, Steven Csombor, submitted a Land Use Permit Application on behalf of Gina
Aguilar, Principal of Our Lady of Perpetual Help School, to obtain the Planning Commission’s
approval of a special event permit (PLN-14-00156) to conduct a three-day carnival on the
parking lot of the school. The application establishes October 17, 18, and 19, 2014, as the
carnival dates.
The subject site is a 4.17 acre, rectangular-shaped lot that is located just north of Cherokee
Drive, between Downey Avenue and La Reina Avenue. The subject site is zoned R-3 (Multi-
Family Residential) and is currently improved with the Our Lady of Perpetual Help School. Single-
family and multiple-family residential land uses surround the school property.
Agenda Page 1
PLN-14-00156 – 10441 Downey Avenue
September 3, 2014 - Page 2
DISCUSSION
In a letter dated June 27, 2014, Mr. Csombor, the Carnival Chairman, discusses the purpose of the
carnival, the hours of operation for the carnival, and measures Our Lady of Perpetual Help School
will perform to mitigate impacts of the carnival activities. Our Lady of Perpetual Help School has
operated its carnival annually since 1998. Initially, the school held this activity in May but they have
conducted it during the month of October since 1998. Mr. Csombor explained that the purpose of
the carnival is to raise money for capital improvements to the school. Carnival activities include
mechanical rides, jumpers, kid rides, food sales, a beer garden, live entertainment and games. A
letter from Mr. Csomber, describes the carnival activities as follows:
• Friday, October 17, 2014, between the hours of 5:00 p.m. and 10:30 p.m.
• Saturday, October 18, 2014, between 12 noon and 11:00 p.m.
• Sunday, October 19, 2014, between 12 noon and 8:30 p.m.
Kid’s Zone and Ride:
Kid rides and jumpers will be located on the west side of the school’s parking lot, along La Reina
Avenue. There are apartment complexes locating directly across from the carnival area. However
according to the applicant, he has never received a complaint from the neighbors from the past
events.
Live Entertainment:
PLN-14-00156 proposes a stage for live music and disc jockey area. Located next to the
playground equipment, the stage is facing north where the game and food booths are sited and is
approximately 150 feet from residential properties to the west. Musicians will perform on the 20’ x
30’ raised stage, as illustrated on Exhibit A (site plan).
Sound, Lighting & Security:
Mr. Csombor’s letter says that sound and lighting equipment will be directed away from local
residences and generators will be placed away from property lines. The letter also addresses
utilizing two (2) Downey Police officers for carnival security. He intends to remove the carnival
apparatus (rides and large equipment) on Monday, October 20, 2014, the day following the
conclusion of the event.
Food & Beverages:
Similar to the last year event, the applicant will obtain permits from the California Department of
Alcoholic Beverage Control (ABC) for the sale of alcoholic beverages within the beer garden
area. In addition, the applicant is required to obtain permits from the Downey Fire Administrator
for outdoor cooking and open tents. Trash receptacles will be placed throughout the site.
However, the applicant states that during the 3-day event, school and parish members will walk
around the premises to pick up trash every two hours.
Parking
In regards to the parking, Mr. Csombor states that 55 parking spaces to the north of the site and
34 parking spaces to the south of the school will be available for visitors. Also, street parking
along Downey Avenue and La Reina Avenue allows on-street parking, except on Wednesdays
10:00 a.m. to 2:00 p.m. for street sweeping.
Agenda Page 2
PLN-14-00156 – 10441 Downey Avenue
September 3, 2014 - Page 3
It is staff’s opinion that the fund raising activities described in Mr. Csombor’s letter are incidental
to the church and school. Pursuant to Downey Municipal Code Section 9420, consideration of this
type of incidental use is within the discretion of the Planning Commission. Furthermore, it is within
the Commission’s discretion to impose any conditions of approval that the Commission finds
necessary to protect the public’s health, safety, and welfare.
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.
General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,” which
in part is implemented by Program 8.4.3.2 that states “Support and encourage
community events…” The proposed Special Event Permit will allow a three-day carnival
that is open to the community and will have family friendly activities. As such, approval
of the carnival is consistent with the General Plan Policy 8.4.3. The activity proposed by
PLN-13-00178 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, Our Lady of Perpetual
Help School has operated this temporary carnival as an annual event. Finally, 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, staff has
conditioned that if the generator is to be used for this event, it shall be located at least 10
feet from any property lines.
2. That the proposed activity or use is consistent with other provisions of Article IX
of the Downey Municipal Code.
Our Lady of Perpetual Help School is located within the R-3 (Multiple-Family Residential)
zone, which allows religious organizations and private schools with a Conditional Use
Permit. Section 9420.20 of the Downey Municipal Code permits special outdoor events
in residential zones, including religious events subject to the general requirements stated
in that Code Section. The proposed event satisfies those requirements.
Agenda Page 3
PLN-14-00156 – 10441 Downey Avenue
September 3, 2014 - Page 4
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 that PLN-14-00156 proposes will not result in conditions contrary to
the public health, safety and general welfare given that it is a temporary three-day
outdoor event. Nevertheless, staff is recommending several conditions of approval,
which staff believes will prevent the event from impacting surrounding sites.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN-14-00156, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
EXHIBITS
A. Site Plan
B. Maps
C. Draft Resolution
Agenda Page 4
PLN-14-00156 – 10441 Downey Avenue
September 3, 2014 - Page 5
Exhibit ‘A’
Site Plan
Agenda Page 5
PLN-14-00156 – 10441 Downey Avenue
September 3, 2014 - Page 6
Exhibit ‘B’
Project Location
Aerial Photograph
SUBJECT
PROPERTY
Carnival
Parking
Carnival
Parking
Agenda Page 6
PLN-14-00156 – 10441 Downey Avenue
September 3, 2014 - Page 7
Zoning Map
500’ Radius Map
Agenda Page 7
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00156 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT
THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS
(OCTOBER 17, 18, AND 19, 2014), IN CONJUNCTION WITH THE OUR LADY OF
PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. DOWNEY
AVENUE, ZONED R-3 (MULTI-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. An application was filed by Gina Aguilar (hereinafter "Applicant") requesting
approval of a special event permit to allow the operation of an outdoor carnival,
on property at 10441 Downey Avenue (Our Lady of Perpetual Help Church),
Downey, California (hereinafter "Subject Site"), zoned R-3 (Multi-Family
Residential);
B. On August 21, 2014, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot.
C. The Planning Commission held a duly noticed public hearing on September 3,
2014, and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, hereby adopted this Resolution,
approving PLN-14-00156 (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), Temporary Land Uses.
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. 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.
General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,”
which in part is implemented by Program 8.4.3.2 that states “Support and
encourage community events…” The proposed Special Event Permit will allow a
three-day carnival that is open to the community and will have family friendly
activities. As such, approval of the carnival is consistent with the General Plan
Policy 8.4.3. The activity proposed by PLN-14-00156 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, Our Lady of Perpetual Help School has operated this
temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City’s
Vision 2025, General Plan, Chapter 6, Noise, states that City shall “Discourage
Agenda Page 8
Resolution No. 14-____
Downey Planning Commission
PLN 14-00156 – 10441 Downey Ave
September 3, 2014 - Page 2
the placement of air conditioning, electric generators, or other noise-generating
equipment in close proximity to adjacent properties”. Accordingly, staff has
conditioned that if the generator is to be used for this event, it shall be located at
least 10 feet from any property lines.
B. That the proposed activity or use will be consistent with other provisions of
this article.
Our Lady of Perpetual Help School is located within the R-3 (Multiple-Family
Residential) zone, which allows religious organizations and private schools with a
Conditional Use Permit. Section 9420.20 of the Downey Municipal Code permits
special outdoor events in residential zones, including religious events subject to
the general requirements stated in that Code Section. The proposed event
satisfies those requirements.
C. 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 that PLN-14-00156 proposes will not result in conditions
contrary to the public health, safety and general welfare given that it is a
temporary three-day outdoor event. Nevertheless, staff is recommending several
conditions of approval, which staff believes 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-14-00156,
subject to the 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 3rd day of September 2014.
Robert Keifer, 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 3rd day of September
2014, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
Resolution No. 14-____
Downey Planning Commission
PLN 14-00156 – 10441 Downey Ave
September 3, 2014 - Page 3
PLN-14-00156 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) This approval of PLN-14-00156 (Special Event Permit) allows Our Lady of Perpetual
Help School to host a three-day carnival (October 17, 18, and 19, 2014) on the parking of
the school, located at 10441 Downey Avenue.
2) All activities shall occur during the following time frames:
• Friday, October 17, 2014, between the hours of 5:00 p.m. and 10:30 p.m.
• Saturday, October 18, 2014, between 12 noon and 11:00 p.m.
• Sunday, October 19, 2014, between 12 noon and 8:30 p.m.
3) Approved activities for PLN-14-00156 (Special Event Permit) shall consist of mechanical
rides, jumpers, a beer garden, kid rides, food sales, live entertainment and games.
4) The Applicant must have two (2) licensed security guards on-site during the duration of
the event (October 17, 18 and 19, 2014 from 12 noon to 11:00 p.m.).
5) 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.
6) Installation of the outdoor accessory uses shall commence no earlier than 7:00 a.m. on
Wednesday, October 15, 2014.
7) Clean-up activities, which include the removal of bright lights, all tables and chairs, tents,
trash receptacles, stage, electrical equipment, and garbage shall conclude no later than
10:30 p.m. on Sunday, October 19, 2014.
8) The removal of accessory uses (including carnival apparatus) shall occur no earlier than
7:00 a.m. on Monday, October 20, 2014.
9) If a generator is to be used, it shall be located a minimum of 10 feet from any property
line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured
from the nearest property line.
10) The Applicant shall obtain any necessary Health Department approvals required for the
sale of food at the carnival, prior to the start of the event.
11) The sale of alcoholic beverages shall comply with the requirements of the State
Department of Alcoholic Beverage Control.
12) The alcohol area (beer and wine) shall be contained within a “beer garden” area where
patrons may consume alcohol.
13) All necessary lighting shall face the main event (booths and stage). The Applicant shall
direct said lights away from Downey Avenue and La Reina Avenue.
14) All speakers for amplified sound shall be placed to minimize impacts on the nearby
residences.
Agenda Page 10
Resolution No. 14-____
Downey Planning Commission
PLN 14-00156 – 10441 Downey Ave
September 3, 2014 - Page 4
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 owner/applicant shall provide trash receptacles on the subject site, including parking
lots. During the event, organized member(s) shall walk around the premises every two
(2) hours to remove trash on the subject site (including parking lots) and the adjacent
streets.
17) Parking areas shall be swept clean after the event; there shall be no hosing down of the
parking area.
18) The Applicant shall ensure that patrons or event equipment (including temporary
signage) does not block public sidewalks.
19) Hand held signs shall not be utilized on public or private property to advertise the event.
20) Handicap parking stalls in the parking area must remain accessible for all uses.
21) The Applicant shall obtain the Fire Department’s approval for the use of any tents.
22) 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.
23) The Applicant shall obtain all necessary plan approvals and permits.
24) The owner/Applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act and Ordinance 1142 of
the Downey Municipal Code.
25) Parking lot maintenance by hosing method shall be prohibited at all times. (Refer to
Attachment A: Best Management Practice).
Agenda Page 11
Resolution No. 14-____
Downey Planning Commission
PLN 14-00156 – 10441 Downey Ave
September 3, 2014 - Page 5
Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development Construction
Projects/Certification Statement
The following is intended as an attachment for construction and grading plans and represent
the minimum standards of good housekeeping which must be implemented on all
construction sites regardless of size.
☐ Eroded sediments and other pollutants must be retained on site and may not be transported
from the site via sheetflow, swales, area drains, natural drainage courses or wind.
☐ Stockpiles of earth and other construction related materials must be protected from being
transported from the site by the forces of wind or water.
☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing
and are not to contaminate the soil and surface waters. All approved storage containers are to
be protected from the weather. Spills must be cleaned up immediately and disposed of in a
proper manner. Spills may not be washed into the drainage system.
☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall be
contained at the project site.
☐ Excess or waste concrete may not be washed into the public way or any other drainage
system. Provisions shall be made to retain concrete wastes on site until they can be disposed
of as solid waste.
☐ Trash and construction related solid wastes must be deposited into a covered receptacle to
prevent contamination of rainwater and dispersal by wind.
☐ Sediments and other materials may not be tracked from the site by vehicle traffic. The
construction entrance roadways must be stabilized so as to inhibit sediments from being
deposited into the public way. Accidental depositions must be swept up immediately and may
not be washed down by rain or other means.
☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit
erosion by wind and water.
☐ Other _____________________________________________________________
_____________________________________________________________
As the project owner or authorized agent of the owner, I have read and understand the requirements
listed above, necessary to control storm water pollution from sediments, erosion, and construction
materials, and I certify that I will comply with these requirements.
Project Name: _________________________________________________________
Project Address: _______________________________________________________
Print Name ______________________________________
(Owner or authorized agent of the owner)
Signature _____________________________________ Date __________________
(Owner or authorized agent of the owner)
Agenda Page 12