Loading...
HomeMy WebLinkAboutPC Resolution 15-2919RESOLUTION NO. 15- 2919 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -15 -00053 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH BAND BOOSTERS TO CONDUCT A FOUR DAY CARNIVAL FROM MAY 22 TO 25, 2015, WHICH INCLUDES CARNIVAL RIDES, CARNIVAL 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 March 19, 2015, Priscilla Melendez - Braymiller submitted a Land Use Permit Application (PLN 15- 00053) on behalf of the Downey High Band Boosters, 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 would occur over a four -day period: May 22, 23, 24, and 25, 2015. 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 22, 2015, 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 on April 24, 2015. F. The Planning Commission held a duly noticed public hearing on May 6, 2015, 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." The proposed event is a fundraising event to benefit the band, color guard and the football program of Downey High School; it is open to the public; and it will include food, games, and rides for attendees to enjoy. Therefore, allowing the proposed activity will be consistent with the aforementioned General Plan program. Resolution No. 15 -2919 Downey Planning Commission 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 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 proposed event, because the carnival will take place on a Friday evening, on the weekend, and on the Memorial Day holiday, when school is not in session. C. The special event PLN -15 -00053 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 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 -15 -00053 (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 6th day of May 2015. Hector Lujah,16 irman 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 6th day of May 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None AiGv Mary Cavanagh, Secretary City Planning Commission PLN -15 -00053 (Special Event Permit) — 11040 Brookshire Avenue May 6, 2015 - Page 2 Resolution No. 15 -2919 Downey Planning Commission EXHIBIT A — PLN -15 -00053 (SPECIAL EVENT) CONDITIONS OF APPROVAL PLANNING 1. This approval of PLN -15 -00053 (Special Event) allows the Applicant to host a four -day 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 22, 2015: 5:00 p.m. to 11:00 p.m. • Saturday, May 23, 2015 and Sunday May 24, 2015: 1:00 p.m. to 11:00 p.m. • Monday, May 25, 2015 (Memorial Day):1:00 p.m. to 10:00 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 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), the adjacent sidewalks and neighborhoods. 6. The Applicant shall direct loudspeakers away from the residential structures nearby. 7. All outdoor activities shall cease by 10:00 p.m. on Monday May 25, 2015. 8. Set -up may begin no sooner than 4:00 p.m. on Wednesday, May 20. 2015. 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 Tuesday May 26, 2015. 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. 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. PLN -15 -00053 (Special Event Permit) — 11040 Brookshire Avenue May 6, 2015 - Page 3 Resolution No. 15 -2919 Downey Planning Commission 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. 15. The sale 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. Tents and membrane structures having an area in excess of 400 square feet; or tents open on all sides having a size of 700 square feet or more; or aggregate area of multiple tents placed side by side without a fire break clearance of 12 feet and exceeding 700 square feet shall require a separate tent permit [CA Fire Code 3103.2] 20. 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. 21. Generators shall not be refueled hot. 22. The Applicant shall provide trained crowd manager(s) approved by Downey Fire. The minimum number of crowd managers shall be established at a ratio of 1 crowd manager to every 250 persons. [CA Fire Code 403.3. The Applicant shall meet with Downey Fire to determine the specific number of crowd managers required, not less than seven (7) days prior to the beginning of the special event. 23. The Applicant shall provide a plan to address fire hazard from cooking; specifically, LP -gas (propane) gas use, not less than seven (7) days prior to the beginning of the special event. Said plan shall also address weather threats (e.g. extreme heat, wind) and accompanying mitigation protocols (e.g. cooling stations, evacuation). A Public Safety Plan is required where gatherings may adversely affect public safety services or fire access to structures (Note: The Applicant may address the fire -life safety issues concurrently in Police /Security Plan; however this plan would also be required to be reviewed and approval by Fire) [CA Fire Code 403.2] PLN -15 -00053 (Special Event Permit) — 11040 Brookshire Avenue May 6, 2015 - Page 4 Resolution No. 15 -2919 Downey Planning Commission 24. Fire access roads shall have an unobstructed width of not less than 20 feet [CA Fire Code 503.2.1] and extend to within 150 feet of all portions of building facilities [CA Fire Code 503.1.1 ] 25. In addition to the special event permit addressed by PLN -15- 00053, the Applicant shall submit a separate special event permit to Downey Fire, not less than seven (7) days prior to the beginning of the special event. The Applicant shall also provide a detailed site plan /map indicating additional detail on generator size, fire protection at generator and cooking areas, tent size and layout, evacuation routes, etc. POLICE 26. The owner /applicant must provide licensed security guards on -site during the duration of the event, including two (2) Downey Police Department Officers and six (6) security guards. Within ten days of the approval of PLN -15- 00053, the Applicant shall obtain Downey Police Department approval of a security plan for the carnival and provide a map of the security locations. 26a. The security plan shall include provisions to address traffic control issues on Marbel Avenue. Said traffic control measures shall be subject to the approval of the Director of Community Development 27. Within ten days of the approval of PLN -15- 00053, the Applicant shall obtain Downey Police Department approval of a security plan for the carnival and provide a map of the security locations. 28. Carnival security officers shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the color of Downey Police officers; they shall not be blue or black. PUBLIC WORKS /ENGINEERING 29. The facility shall provide sufficient trash and recycling receptacles for the disposal of food and debris at the event. 30. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. (Refer to Attachment A: Best Management Practice). 31. The owner /applicant shall 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). 32. The Applicant shall obtain all necessary plan approvals and permits. BUILDING 33. Handicap stalls in the parking area must remain accessible for all uses. 34. The owner /applicant shall provide sufficient restroom facilities for patrons. 35. The Applicant shall obtain all required electrical permits from the Downey Building and Safety Department by May 15, 2015. PLN -15 -00053 (Special Event Permit) — 11040 Brookshire Avenue May 6, 2015 - Page 5 Resolution No. 15 -2919 Downey Planning Commission 36. Downey Building inspectors shall inspect all carnival rides and attractions prior to the start of the carnival. PLN -15 -00053 (Special Event Permit) — 11040 Brookshire Avenue May 6, 2015 - Page 6 Resolution No. 15 -2919 Downey Planning Commission 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. F -I 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. LI Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. L] 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. l ] 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 Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN -15 -00053 (Special Event Permit) — 11040 Brookshire Avenue May 6, 2015 - Page 7