HomeMy WebLinkAboutPC Resolution 16-2962RESOLUTION NO. 16 -2962
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -16 -00030 (SPECIAL EVENT), A REQUEST TO ALLOW IGLESIA
DE CRISTO CHURCH TO CONDUCT A ONE -DAY SPRING FESTIVAL ON
SATURDAY, APRIL 16, 2016 FROM 9:00 AM TO 8:00 PM, ON PROPERTY LOCATED
AT 12145 WOODRUFF AVE, ZONED C -1 (NEIGHBORHOOD COMMERCIAL)
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. An application was filed by Edwin Lopez (hereinafter "Applicant ") requesting
approval of PLN -16 -00030 (Special Event), a request to permit Iglesia De Cristo
Church the operation of a one -day Spring Festival on Saturday, April 16, 2016,
from 9:00 am to 8:00 pm, at 12145 Woodruff Avenue, zoned C -1 (Neighborhood
Commercial); and,
B. On March 3, 2016, notice of the pending public hearing was sent to all property
owners within 500 feet of the subject site and the notice was published in the
Downey Patriot; and,
C. The Planning Commission held a duly noticed public hearing on March 16, 2016,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
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. 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, such as the Downey Street Faire, Holiday Lane
Parade and ARC Walk" The proposed Special Event Permit will allow a one -day
festival that is open to the community and will have family friendly activities.
Events like this not only support the church, but are an important cultural
resource. As such, approval of the festival is consistent with the General Plan.
B. That the proposed activity or use will be consistent with other provisions of
this article.
The proposed activity is located within the C -1 (Neighborhood Commercial) zone
where special events such as outdoor events and festivals are permitted, subject
to the approval of the Special Event Permit Application. Said special event will
Resolution No. 16 -2962
Downey Planning Commission
occur within the southerly portion of the church in a parking lot. Temporary
structures will be utilized and operation of the event will not hinder vehicular
movements on site or off site, nor create impacts to adjoining properties. Also,
there is sufficient parking on -site and the applicant is providing additional parking
spaces at the various locations nearby. As such, the festival is consistent with the
provisions of Article IX.
C. That the proposed activity or use will not result in conditions or
circumstances contrary to the public health, safety, and general welfare.
Approving PLN -16 -00030 (Special Event) 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 ensure amplified speakers shall face away from the adjoining
residential properties. These conditions will address any issues that may arise
and 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 -16 -00030
(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 S. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of March 20.16,,
PAatias Flores, 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 March,
2016, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
City Planning Commission
PLN -16 -00030 — 12145 Woodruff Ave
March 16, 2016 - Page 2
Resolution No. 16 -2962
Downey Planning Commission
PLN -16 -00030 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
This approval allows Iglesia de Cristo Church to operate an outdoor event on Saturday,
April 16, 2016, from 9:00 a.m. to 8:00 p.m. Approved activities consist of the following:
• 75 canopies to accommodate the serving of food and non - alcoholic beverages;
• Carnival -type games;
• A 20'x 40' raised stage for outdoor entertainment (live music with amplified sound);
• Three (3) 22' x 22' x 15' high jumpers; and
• Six (6) pony rides (no mechanical rides).
2. 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.
3. If a temporary generator is to be used, it shall not exceed a noise level of 65 dBA, as
measure from the property line.
4, Speakers for amplified sound shall not face the adjoining residential properties.
5. The sale of alcoholic beverages on the subject property is prohibited at all time.
6. All outdoor activities shall cease by 8:00 p.m. on Saturday, April 16, 2016.
7. Set -up may occur on Friday, April 15, 2016, between the hours of 8:00 a.m. and 7:00 p.m.
8. Site clean -up, which includes the removal of all canopies, jumpers, music equipment, and
garbage, shall cease no later than 10:00 p.m. on Saturday, April 16, 2016 and may occur
between 8:00 a.m. and 6:00 p.m, on Sunday, April 17, 2016.
9. All necessary lighting shall face the main event (booths and stage) and shall be directed
away from Cornuta Avenue and any residential uses.
10. The Owner /Applicant shall obtain all Health Department approvals required for the sale or
serving of food, by Monday, April 4, 2016.
11. 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.
PLN -16 -00030 — 12145 Woodruff Ave
March 16, 2016 - Page 3
Resolution No. 16 -2962
Downey Planning Commission
12. The Owner /Applicant shall obtain all required Building Division, Fire Department, and
Public Works Department approvals, by Monday, April 4, 2016.
13. The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions of approval, if such modifications achieve substantially the
same results as would strict compliance with said plans and conditions.
14. 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.
POLICE
15. The owner /applicant must provide ten uniformed licensed security guards on -site for the
duration of the event.
16. The owner /applicant shall provide cross guards at the crosswalks to assist visitors walking
across Woodruff Avenue and Washburn Road during the duration of the event.
FIRE
17. Prior to installation of tents, the owner /applicant shall obtain the Fire Department's
approval for the use of any tents.
18. If a generator is to be used, it shall be located a minimum distance of 10 feet from any
structure.
19. All tents, extinguishers and electrical work must in place by 4:00 p.m. on the Friday before
the event to enable an inspection by the Fire Department and Building and Safety Division.
PUBLIC WORKS /ENGINEERING
20. The owner /applicant shall provide sufficient trash receptacles on -site and off -site for the
disposal of food and trash.
21. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
22. 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).
23. Closure of public streets for parking purposes shall not be permitted at any time.
BUILDING
24. Handicap stalls in the parking area must remain accessible for all qualified users.
PLN -16 -00030 — 12145 Woodruff Ave
March 16, 2016 - Page 4