HomeMy WebLinkAbout1. PLN-15-00193 11140 DowneySTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 21, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: JESSICA J. FLORES, ASSISTANT PLANNER
SUBJECT: PLN-15-00193 (SPECIAL EVENT PERMIT) - A REQUEST TO
CONDUCT A ONE-DAY SPECIAL EVENT FOR THE THREE YEAR
ANNIVERSARY OF AN EXISTING CULTURAL CENTER (STAY
GALLERY) TO INCLUDE LIVE ENTERTAINMENT IN AN OUTDOOR
REAR YARD AREA, ON FRIDAY OCTOBER 23, 2015 FROM 7:00 P.M.
TO 2:00 A.M.
LOCATION: 11140 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN – FIRESTONE BLVD.
GATEWAY DISTRICT)
REPORT SUMMARY
The Applicant, Valentin Flores, seeks the Planning Commission’s approval of PLN-15-00193 to
allow a one-day special event for the three year anniversary of an existing cultural center (Stay
Gallery) on Friday October 23, 2015, from 7:00 p.m. to 2:00 a.m. The event is also proposed as
a fundraiser for the Stay Gallery’s “Stay Young” initiative that promotes the integration of the
arts into local educational curriculum. Stay Gallery will host a solo exhibition by Don Lamkin, a
local artist who created the “Downey Doodle-licious” mural that is prominent in Downtown
Downey. In addition to providing refreshments for everyone in attendance, the special event will
include live entertainment in an outdoor rear yard area.
The Applicant’s request is made 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 (b), which states that the City Planner may use his discretion
and forward special events of a scale or use that may result in extensive potential, even
temporary, impacts to the community, to the Planning Commission. As such, staff recommends
that the Planning Commission adopt the following resolution:
Agenda Page 1
PLN-15-00193, 11140 Downey Ave.
October 21, 2015 - Page 2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-15-00193 (SPECIAL EVENT PERMIT) - A
REQUEST TO CONDUCT A ONE-DAY EVENT FOR THE THREE YEAR
ANNIVERSARY OF AN EXISTING CULTURAL CENTER (STAY GALLERY) TO
INCLUDE LIVE ENTERTAINMENT IN AN OUTDOOR REAR YARD AREA, ON
FRIDAY OCTOBER 23, 2015 FROM 7:00 P.M. TO 2:00 A.M. ON PROPERTY
LOCATED AT 11140 DOWNEY AVENUE, ZONED DDSP (DOWNTOWN
DOWNEY SPECIFIC PLAN – FIRESTONE BLVD. GATEWAY DISTRICT)
BACKGROUND
The 6,170 square foot (0.14 acre) site has 66.50 feet of frontage along Downey Avenue and the
lot depth is approximately 147 feet. A 3,968 square foot, multi-tenant commercial building
comprises most of the subject site. Stay Gallery occupies the center tenant space at the subject
property and is made-up of 1,225 sq. ft. on the first floor and 375 sq. ft. of mezzanine, totaling
1,600 sq. ft. of floor area. Other tenants of the building include a beauty salon, printing service
and a retail store.
Located on the east side of Downey Avenue, north of Firestone Boulevard, the property is
zoned DDSP (Downtown Downey Specific Plan - Firestone Blvd Gateway District) with a
General Plan Land Use Designation of General Commercial (GC). Retail buildings border the
north and east side of the property, an office building and Downey Avenue are located to the
west of the building and retail buildings and Firestone Boulevard exist to the south; all
surrounding properties are also zoned DDSP (Downtown Downey Specific Plan - Firestone Blvd
Gateway District).
DISCUSSION
PLN-15-00193 proposes to commemorate the third anniversary of Stay Gallery with a one-day
fundraiser event on Friday, October 23, 2015, from 7:00 p.m. to 2:00 p.m. The applicant plans
on hosting an indoor exhibit with refreshments and outdoor live entertainment in a rear yard
area immediately east, and adjacent, to the building. Set-up is proposed no earlier than 12:00
noon the day of the event, and clean-up activity shall take place between the hours of 8:00 a.m.
to 6:00 p.m. on Saturday, October 24, 2015. According to the applicant, they expect a total of
250 to 300 attendees through-out the evening.
These types of events can prove to be a pleasant community affair, but due to the location of
the outdoor entertainment for this event, staff is concerned with potential noise impacts to
surrounding properties, primarily the impacts to the newly constructed 50-unit residential
complex (The View) located to the northeast of the subject site. As such, and to mitigate any
potential noise impacts to the residents in the immediate vicinity, staff has incorporated a
condition of approval, requiring outdoor activities cease no later than 10:00 p.m.
Due to the subject site’s location within the downtown, and its proximity to the public parking
structure located at the northwest corner of Second and New Street, the applicant proposes to
use said structure, in addition to surrounding street parking, to meet the event’s parking needs.
It is staff’s opinion that because of the character of the downtown, and the desire to promote its
walkability, the applicant’s proposal to use the public parking structure is reasonable. As such,
staff is not imposing any additional conditions of approval.
Agenda Page 2
PLN-15-00193, 11140 Downey Ave.
October 21, 2015 - Page 3
DEVELOPMENT REVIEW COMMITTEE – SEPTEMBER 24, 2015
On October 8, 2015, the Development Review Committee (DRC) discussed and evaluated the
aspects of PLN-15-00193 that pertain to Planning, Police, Fire, Public Works, and Building and
Safety matters. The Police Department expressed concern over the noise impacts to the newly
developed residential complex located near the subject site, while Building and Safety voiced a
concern with occupancy loads at the event. Said concerns have been addressed with specific
conditions of approval.
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 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 proposed special event is consistent with General Plan Policy 8.4.3 that 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…” since this is
a one-day special event that is open to the community and is being held by Stay Gallery,
a cultural center. Additionally, the activity proposed by PLN-15-00193 is consistent with
Program 1.1.5.3 of the City’s Vision 2025 General Plan, which states that the City shall
“Promote recreation and entertainment uses that serve needs of the public.”, since the
proposed event is also a fundraiser to benefit Stay Gallery’s “Stay Young” initiative,
which promotes the integration of the arts into local educational curriculum.
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 special event is within Stay Gallery’s current 1,600 sq. ft.
tenant space, and an outdoor rear yard area of 500 sq. ft. The subject property is located
within the DDSP (Downtown Downey Specific Plan - Firestone Blvd Gateway District)
zone, 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
special event will not impinge on the surrounding properties since the event is not a
permanent alteration to the site. All parking needs are proposed to be met with the use
of the public parking structure, which contains 399 parking spaces, and street parking,
allowing the promotion of walkability in the downtown.
Agenda Page 3
PLN-15-00193, 11140 Downey Ave.
October 21, 2015 - 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 PLN-15-00193 proposes will not result in conditions contrary to the
public health, safety and general welfare given that it is a temporary one-day event.
Nevertheless, the attached conditions of approval include requirements for the applicant
to mitigate potential noise and safety concerns. These conditions address issues that
may arise and are intended to proactively 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
Based on the analysis contained within this report, staff recommends that the Planning
Commission adopt a resolution to approve PLN-15-00193 (Special Event Permit), thereby
allowing a special event for the three year anniversary of an existing cultural center (Stay
Gallery), subject to the conditions of approval.
EXHIBITS
A. Zoning Map & Aerial Photograph
B. Site Plan
C. Draft Resolution
Agenda Page 4
PLN-15-00193, 11140 Downey Ave.
October 21, 2015 - Page 5
Exhibit “A”
ZONING MAP
AERIAL PHOTOGRAPH
SUBJECT
PROPERTY
SUBJECT SITE
Agenda Page 5
PLN-15-00193, 11140 Downey Ave.
October 21, 2015 - Page 6
Exhibit “B”
500 Sq. Ft.
4 Ft. x 10 Ft.
Downey Avenue
Agenda Page 6
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-15-00193 (SPECIAL EVENT PERMIT) - A
REQUEST TO CONDUCT A ONE-DAY EVENT FOR THE THREE YEAR
ANNIVERSARY OF AN EXISTING CULTURAL CENTER (STAY GALLERY) TO
INCLUDE LIVE ENTERTAINMENT IN AN OUTDOOR REAR YARD AREA, ON
FRIDAY OCTOBER 23, 2015 FROM 7:00 P.M. TO 2:00 A.M. ON PROPERTY
LOCATED AT 11140 DOWNEY AVENUE, ZONED DDSP (DOWNTOWN
DOWNEY SPECIFIC PLAN – FIRESTONE BLVD. GATEWAY DISTRICT)
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 September 23, 2015, the applicant, submitted a Conditional Use Permit
(hereinafter referred to as PLN-15-00193), seeking the Planning Commission’s
approval for a special event; and,
B. On October 7, 2015, the Conditional Use Permit application was deemed complete;
and,
C. On October 8, 2015, notice of the pending application was mailed to all property owners
within 500’ of the subject site and published in the Downey Patriot.
D. The Planning Commission held a duly noticed public hearing on October 21, 2015
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing 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. 15301 (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:
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 proposed special event is consistent with General Plan Policy 8.4.3 that 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…” since this is
a one-day special event that is open to the community and is being held by Stay Gallery,
a cultural center. Additionally, the activity proposed by PLN-15-00193 is consistent with
Program 1.1.5.3 of the City’s Vision 2025 General Plan, which states that the City shall
“Promote recreation and entertainment uses that serve needs of the public.”, since the
proposed event is also a fundraiser to benefit Stay Gallery’s “Stay Young” initiative,
which promotes the integration of the arts into local educational curriculum.
Agenda Page 7
Resolution No.
Downey Planning Commission
PLN-15-00193 – 11140 Downey Avenue
October 21, 2015 - Page 2
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 special event is within Stay Gallery’s current 1,600 sq. ft.
tenant space, and an outdoor rear yard area of 500 sq. ft. The subject property is located
within the DDSP (Downtown Downey Specific Plan - Firestone Blvd Gateway District) zone,
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 special
event will not impinge on the surrounding properties since the event is not a permanent
alteration to the site. All parking needs are proposed to be met with the use of the public
parking structure, which contains 399 parking spaces, and street parking, allowing the
promotion of walkability in the downtown.
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-15-00193 proposes will not result in conditions contrary to the public
health, safety and general welfare given that it is a temporary one-day event.
Nevertheless, the attached conditions of approval include requirements for the applicant to
mitigate potential noise and safety concerns. These conditions address issues that may
arise and are intended to proactively 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 the Conditional
Use Permit (PLN-15-00193), subject to 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 October, 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 21st day of October,
2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 8
Resolution No.
Downey Planning Commission
PLN-15-00193 – 11140 Downey Avenue
October 21, 2015 - Page 3
PLN-15-00194 (SPECIAL EVENT)
CONDITIONS OF APPROVAL
PLANNING
1. This approval of PLN-15-00193 (Special Event) allows for a special event to be held on
Friday, October 21, 2015, from 7:00 p.m. to 2:00 a.m. Approved activities include: outdoor
live entertainment within an existing 500 sq. ft. rear yard area and 40 sq. ft. stage.
2. Setup for the event shall occur no earlier than 12:00 p.m. on Friday, October 21, 2015.
Site cleanup activities shall occur between 8:00 a.m. and 6:00 p.m. on Saturday, October
22, 2015.
3. The Applicant shall provide sufficient trash receptacles on-site for the disposal of food and
other goods.
4. Live entertainment (disc jockeys and live bands only) shall be permitted during the event.
5. All speakers for amplified noise shall be directed away from adjacent residential areas and
must face south, towards Firestone Boulevard.
6. 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.
7. 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.
8. All required Building, Police, Public Works and Fire Department permits shall be obtained
prior to the start of the event.
9. All Health Department approvals required for the sale or serving of food shall be obtained
prior to the start of the event.
10. All Alcohol Beverage Control approvals required for the sale or serving of alcohol shall be
obtained prior to the start of the event.
11. A barricade or temporary fence, no shorter than 42 inches, shall be provided to enclose
the 500 sq. ft. outdoor live entertainment area.
Agenda Page 9
Resolution No.
Downey Planning Commission
PLN-15-00193 – 11140 Downey Avenue
October 21, 2015 - Page 4
BUILDING & SAFETY
12. The applicant shall maintain an occupancy load maximum of seven (7) sq. ft. per person
both inside the tenant space and in the outside live entertainment area for the entire
duration of the event.
13. The applicant must obtain a building permit for the proposed temporary stage.
FIRE
14. The applicant shall obtain Fire Department’s approval and permits for the use of any tents.
15. Fire extinguishers shall be provided on-site at all times as required by California Fire
Code.
POLICE
16. Outdoor live entertainment shall only occur between the hours of 7:00 p.m. and 10:00 p.m.
PUBLIC WORKS/ENGINEERING
17. The owner/applicant shall provide sufficient trash and recycling receptacles for the
disposal of food and debris.
18. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
19. 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).
20. The owner/applicant shall obtain all necessary plan approvals and permits.
Agenda Page 10