HomeMy WebLinkAbout1. PLN-15-00173 - 10441 Downey AveAgenda Page 1
DISCUSSION
Our Lady of Perpetual Help School has operated its carnival annually since 1998. 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. The
carnival activities are as follows:
• Friday, October 16, 2015, between the hours of 5:00 p.m. and 10:30 p.m.
• Saturday, October 17, 2015, between 12 noon and 11:00 p.m.
• Sunday, October 18, 2015, between 12 noon and 8:30 p.m.
Kid’s Zone and Rides:
Kid rides, carnival rides, and jumpers will be located on the north field of the campus and along the
western side of the campus. There is also a playground which is located on the south side of the
campus accessible to children.
Live Entertainment:
As in previous years, PLN-15-00173 proposes a stage for live music and a disc jockey area.
Located next to the playground equipment, the stage is facing north towards the game and food
booth area and is approximately 150 feet from residential properties to the west. Lighting and
speakers will be directed towards the school, away from the apartments adjacent to the property.
Musicians will perform on the 20’ x 30’ raised stage, as illustrated on Exhibit A (site plan). All
entertainment and rides will operate between 5:00 p.m. to 10:30 p.m. on Friday October 16, 12:00
p.m. to 11:00 p.m. on Saturday October 17, and 12:00 p.m. to 8:30 p.m. on Sunday October 18.
Sound and Lighting:
Sound and lighting equipment will be directed away from local residences and generators will be
placed away from property lines. The applicant intends to remove the carnival apparatus (rides
and large equipment) on Monday, October 19, 2015, the day following the conclusion of the
event.
Security:
Two (2) security officers will be present on site for carnival security as well as parental
chaperones.
Food & Beverages:
Similar to the event last year, 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 three-day event, school and parish members will walk
around the premises to pick up trash every two hours.
Parking
Fifty-five (55) parking spaces to the north of the site and thirty-four (34) parking spaces to the
south of the school will be available for visitors. Arrangements have been made to allow the use
of Saint Mark’s parking lot as well as parking located at Our Lady of Perpetual Help Church.
Also, street parking along Downey Avenue and La Reina Avenue allows on-street parking.
Agenda Page 2
It is staff’s opinion that the fundraising activities conducted 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.
DEVELOPMENT REVIEW COMMITTEE
On September 3, 2015, the Development Review Committee (DRC) discussed and evaluated
the aspects of the project PLN-15-00173 proposes that pertain to Police, Fire, Public Works,
Building and Safety, and Planning matters. The project elicited responses from the DRC
involving the need for Building Division and Fire Department permits. Additionally, the Building
Division voiced their concern with securing any jumpers, bounce houses and tents that are
proposed as part of the event. The Police Department as in previous years, request to have
security at the event. As a result of that discussion, staff generated conditions of approval to
address those concerns.
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
CEQA. 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-15-00173 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 a generator is to be used for this event, it shall be located at least 10
feet from any property lines.
Agenda Page 3
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.
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-15-00173 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-15-00173, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
Agenda Page 4
AERIAL PHOTOGRAPH
ZONING MAP
SUBJECT
PROPERTY
SUBJECT
SITE
ON-SITE
CARNIVAL
PARKING
ON-SITE
CARNIVAL
PARKING
Agenda Page 5
SITE PLAN
Agenda Page 6
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-15-00173 (SPECIAL EVENT PERMIT): A REQUEST TO PERMIT
THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS
(OCTOBER 16, 17, AND 18, 2015), AT 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. On August 14, 2015 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").
B. The subject site is zoned R-3 (Multi-Family Residential) with a land use
designation S PR (School- Private)
C. On September 02, 2015, staff deemed the application complete, thus allowing it
to be scheduled for a public hearing.
D. On September 03, 2015, 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.
E. The Planning Commission held a duly noticed public hearing on September 16,
2015, and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, hereby adopted this Resolution, approving
PLN-15-00173 (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-15-00173 is consistent with Program
Agenda Page 7
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 a 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-15-00173 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-15-00173,
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.
Agenda Page 8
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of September 2015.
_______________
Hector Lujan, 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 16th day of
September 2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
PLN-15-00173 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) This approval of PLN-15-00173 (Special Event Permit) allows Our Lady of Perpetual
Help School to host a three-day carnival (October 16, 17, and 18, 2015) on the parking of
the school, located at 10441 Downey Avenue.
2) All activities shall occur during the following time frames:
• Friday, October 16, 2015, between the hours of 5:00 p.m. and 10:30 p.m.
• Saturday, October 17, 2015, between 12 noon and 11:00 p.m.
• Sunday, October 18, 2015, between 12 noon and 8:30 p.m.
3) Approved activities for PLN-15-00173 (Special Event Permit) shall consist of mechanical
rides, jumpers, a beer garden, kid rides, food sales, live entertainment and games.
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 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.
6) The Applicant shall obtain all necessary plan approvals and permits.
7) Installation of the outdoor accessory uses shall commence no earlier than 7:00 a.m. on
Wednesday, October 14, 2015.
8) 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 18, 2015.
9) The removal of accessory uses (including carnival apparatuses) shall occur no earlier than
7:00 a.m. on Monday, October 19, 2015.
10) 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.
Agenda Page 10
11) The Applicant shall obtain any necessary Health Department approvals required for the
sale of food at the carnival, by or on Friday (10/16).
12) The sale of alcoholic beverages shall comply with the requirements of the State
Department of Alcoholic Beverage Control.
13) The alcohol area (beer and wine) shall be contained within a “beer garden” area where
patrons may consume alcohol.
14) 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.
15) All speakers for amplified sound shall be placed to minimize impacts on the nearby
residences.
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) Hand held signs shall not be utilized on public or private property to advertise the event.
19) Parking lot maintenance by hosing method shall be prohibited at all times. (Refer to
Attachment A: Best Management Practice).
BUILDING AND SAFTEY:
20) 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, no later than 5:00p.m.,
Thursday October 15, 2015.
21) The Applicant shall provide stage assembly plans to the satisfaction of the Building
Division, demonstrating wind hold downs per 2013 California Building Code.
22) The Applicant shall provide proof, to the satisfaction of the Building Division, that wind
hold downs per 2013 California Building Code will be provided for all tents, jumpers
and/or bounce houses.
23) The Applicant shall provide a single line wiring diagram for all temporary electrical work
at the project site to the satisfaction of the Building Division.
24) Handicap parking stalls in the parking area must remain accessible for all uses.
PUBLIC WORKS:
25) The Applicant shall ensure that patrons or event equipment (including temporary
signage) does not block public sidewalks.
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26) 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.
FIRE:
27) The Applicant shall obtain the Fire Department’s approval for the use of any tents.
POLICE:
28) The Applicant must have two (2) licensed security guards on-site during the duration of
the event (October 16, 17 and 18, 2015 from 12 noon to 11:00 p.m.).
Agenda Page 12