HomeMy WebLinkAboutPC Resolution 15-2939RESOLUTION NO. 15 -2939
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
Resolution No. 15 -2939
Downey Planning Commission
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.
PLN -15 -00173 — 10441 Downey Ave
September 16, 2015 - Page 2
Resolution No. 15 -2939
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of September 2015.
( -U& -
ZV
Hector Lujan, dhairman
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: Lujan, Morales and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flores
ABSTAIN: COMMISSIONERS: Rodriguez
Mary Cavanagh, Secretary
City Planning Commission
PLN -15 -00173 — 10441 Downey Ave
September 16, 2015 - Page 3
Resolution No. 15 -2939
Downey Planning Commission
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.
PLN -15 -00173 — 10441 Downey Ave
September 16, 2015 - Page 4
Resolution No. 15 -2939
Downey Planning Commission
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.
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.
PLN -15 -00173 — 10441 Downey Ave
September 16, 2015 - Page 5
Resolution No. 15 -2939
Downey Planning Commission
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.).
29) The Applicant shall provide a crossing guard for the crosswalk at Downey Avenue, said
crossing guard shall utilize a flashlight to illuminate the crosswalk for safety during the
event as follows: Friday, October, 16 from 5 -10 p.m., Saturday, October, 17 from 5 -10
p.m., Sunday, October, 18 from 5 -10 p.m.
PLN -15 -00173 — 10441 Downey Ave
September 16, 2015 - Page 6