HomeMy WebLinkAboutPC Resolution 16-2982RESOLUTION NO. 16 -2982
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -16 -00104 (SPECIAL EVENT), A REQUEST TO ALLOW STAY
GALLERY TO CONDUCT A ONE -DAY STEAM FESTIVAL 2, ON THE PARKING
LOT OF THE DOWNEY SCHOOLS FEDERAL CREDIT UNION, LOCATED AT
8237 THIRD STREET, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
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 Valentin Flores (hereinafter "Applicant ") requesting
approval of PLN -16 -00104 (Special Event), a request by Stay Gallery to permit
the operation of a one -day STEAM Festival 2 on Saturday, June 4, 2016, from
10:00 am to 4:00 pm, at 8237 Third Street, zoned DDSP (Downtown Downey
Specific Plan); and,
B. On May 5, 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 May 18, 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 STEAM Festival 2 will allow a one -day
event that is open to the community and will have family friendly activities. Staff
believes events like this are an important cultural resource to the community. 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 DDSP (Downtown Downey Specific
Plan) zone where temporary uses such as outdoor carnivals and arts and crafts
fairs are permitted, subject to the approval of the Special Event Permit
Resolution No. 16 -2982
Downey Planning Commission
Application. Temporary stage and shade structures will be used for the event.
The operation of the event will not obstruct vehicular movements on site or off
site, because the applicant will be barricading vehicular access on New Street
between Third and Fourth Streets. Street closure is subject to the approval from
the City Council. Also, there is sufficient parking off -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.
It is staff's opinion that approving PLN -16 -00104 (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, staff is recommending several
conditions of approval to prevent circumstances that may be contrary to the public
health, safety and welfare.
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 -00104
(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 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of May 2016.
atias 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 18th day of May
2016, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN. COMMISSIONERS: None
Mary Cave agh, Secretary
City Planning Commission
PLN -16 -00104 — 8237 Third St
May 18, 2016 - Page 2
Resolution No. 16 -2982
Downey Planning Commission
PLN -16 -00104 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
This approval allows Stay Gallery to operate an outdoor event on Saturday, June 4, 2016, ,
from 10:00 a.m. to 4:00 p.m. on property located at 8237 Third Street. Approved activities
consist of the following:
• 12 STEAM stations for games and activities;
• Two registration booths;
• A raised stage for award presentation only; and,
• Disc jockeys for music entertainment will be located on the subject building's second
floor balcony facing west (New Street).
2. The Owner /Applicant shall provide trash receptacles on the subject site, including parking
lots and adjacent street (New Street). 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. Speakers for amplified sound shall not face the adjoining businesses on New Street.
4. All outdoor activities shall cease by 4:00 p.m. on Saturday, June 4, 2016.
5. Set -up may occur between 8:00 a.m. and 10:00 a.m. Saturday, June 4, 2016.
6, Site clean -up, which includes the removal of all canopies, STEAM stations, stage, music
equipment, and garbage, shall cease no later than 6:00 p.m. on Saturday, June 4, 2016.
7. 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.
8. The Director of Community Development 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.
9. 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.
PLN -16 -00104 — 8237 Third St
May 18, 2016 - Page 3
Resolution No. 16 -2982
Downey Planning Commission
POLICE
10. The owner /applicant shall obtain any and all required Police Department permits for this
Special Event Permit.
11. The owner /applicant shall obtain any and all required Police Department permits for the
closure of New Street during the event.
FIRE
12. The owner /applicant shall obtain any and all required Fire Department permits for this
Special Event Permit.
13. The owner /applicant shall obtain any and all required Fire Department permits for the
closure of New Street during the event.
PUBLIC WORKS /ENGINEERING
14. The owner /applicant shall provide sufficient trash receptacles on -site and off -site for the
disposal of food and trash.
15. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
16. 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).
17. The owner /applicant shall obtain all required permits and approvals from the Downey City
Council for the closure of any street during the event with any appropriate signage as
deemed necessary.
PLN -16 -00104 — 8237 Third St
May 18, 2016 - Page 4