HomeMy WebLinkAboutPC Resolution 15-2944RESOLUTION NO. 15 -2944
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.
Resolution No. 15 -2944
Downey Planning Commission
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.
C11-eacto ! r ' JrL�(jji an, GdKa 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 21 st day of October,
2015, by the following vote, to wit:
AYES: COMMISSIONERS: Rodriguez, Lujan, Flores and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
Mary Ca anagh, Secret
City Planning Commission
PLN -15 -00193 — 11140 Downey Avenue
October 21, 2015 - Page 2
Resolution No. 15 -2944
Downey Planning Commission
PLN -15 -00193 (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.
PLN -15 -00193 — 11140 Downey Avenue
October 21, 2015 - Page 3
Resolution No. 15 -2944
Downey Planning Commission
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 12:00 a.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.
PLN -15 -00193 — 11140 Downey Avenue
October 21, 2015 - Page 4