HomeMy WebLinkAboutPC Resolution 16-2985RESOLUTION NO. 16 -2985
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -16 -00115 (SPECIAL EVENT), THEREBY ALLOWING THE
OPERATION OF A GREEK FESTIVAL ON JUNE 3, 4, AND 5, 2016 IN THE PARKING
LOT OF SAINT GEORGE ORTHODOX GREEK CHURCH LOCATED AT 10830 -10846
DOWNEY AVENUE, AND 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. Saint George Greek Orthodox Church filed an application requesting approval of
a Special Event Permit (PLN -16- 00115) to allow the operation of a Greek food
festival on the property located at 10830 -10846 Downey Avenue (Saint George
Greek Orthodox Church) and zoned DDSP (Downtown Downey Specific Plan).
B. On May 3, 2016, 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;
C. The Planning Commission held a duly noticed public hearing on June 1, 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. 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:
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.
The Special Event proposed by PLN -16 -00115 is consistent with Program 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, this
is an annual event for St. George Greek Orthodox Church. 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 the Applicant
shall not install electric generators, or other noise - generating equipment any closer than 10
feet from any structures and not less than 25 feet from any property line.
B. That the proposed activity or use will be consistent with other provisions of this
article.
The site of the special event proposed by PLN -16 -00115 is located within the DDSP
(Downtown Downey Specific Plan), where special events such as outdoor events and
festivals are permitted, subject to Section 2.4.2 — Temporary Uses and Special Events of the
Downtown Downey Specific Plan. The proposed special event will occur within the easterly
Resolution No. 16 -2985
Downey Planning Commission
portion of the Saint George Greek Orthodox Church parking lot. The event will not hinder the
movement of traffic or create impacts unto adjoining properties. The Applicant will meet the
City's parking requirements by securing permission to utilize approximately 55 parking
spaces at Downey United Methodist Church across the street from the subject site, and 75
parking spaces on a parking lot owned by First Baptist Church (8348 East Third Street) to
the south. Staff has prepared conditions of approval to address concerns related to noise,
light and glare, and other potential nuisances. Therefore, the special event is consistent with
the other provisions of Article IX of the Municipal Code.
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 -00115 (Special Event) will not result in conditions
contrary to the public health, safety and general welfare given that it is a temporary three -day
event and it occurs once a year at the subject property. Nevertheless, staff has
recommended conditions of approval to prevent such conditions and circumstances that may
be contrary to the public health, safety and welfare from occurring.
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- 00115, 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1St day of June 2016.
Matins 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 1St day of June 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 Cav nagh, Secretarii
City Planning Commission
PLN -16 -00115 — 10830 -10846 Downey Ave
June 1, 2016 - Page 2
Resolution No. 16 -2985
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -16 -00115 (SPECIAL EVENT PERMIT)
PLANNING
1) This approval of PLN -16 -00115 (Special Event Permit) allows Saint George Greek Orthodox
Church, to host a three -day Greek festival on Friday June 3, 2016 from 5:00 p.m. to 10:00
p.m. and Saturday, June 4, 2016 and Sunday, June 5, 2016, between the hours of 11:00 a.m.
and 10:00 p.m.
2) Approved activities for the Greek festival shall consist of:
a) One 10' x 40' tent for festival entrance;
b) One 10' x 70' for 5 vendors;
C) One 10'x 80' for 6 vendors;
d) One 10'x 10' raffle booth;
e) One 10' x 45' sweets booth;
f) One 20' x 20' covered eating area;
g) One 20' x 40' covered eating area;
h) Two 10'x 30' food vending area;
i) Three 10'x 20' food/ beverage vending area; and
j) One 20'x 20' covered music area with 3 ft high raised 16'x 16' stage.
3) 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.
4) 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.
5) Setup for the event shall occur on Thursday June 2, 2016. Clean -up activities, which include the
removal of all tables and chairs, booths, trash receptacles, stage, electrical equipment, and
garbage, shall be removed on Monday, June 6, 2016, by 6:00 p.m.
6) If a generator is to be used, it shall be located a minimum of 25 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 -16 -00115 — 10830 -10846 Downey Ave
June 1, 2016 - Page 3
Resolution No. 16 -2985
Downey Planning Commission
7) The Applicant shall ensure that all necessary lighting shall face the main event (booths and
stage). The Applicant shall direct lighting away from La Villa Street and away from any
residential uses nearby.
8) The Applicant shall obtain any necessary Health Department approvals required for the sale of
food at the Greek Festival, prior to the start of the event.
9) The sale of alcoholic beverages shall comply with the requirements of the State Department of
Alcoholic Beverage Control. The Applicant shall provide a copy of this approval to the Downey
Police Department on or before June 2, 2016.
10) The alcohol area shall be contained within a fenced area where patrons may consume alcohol.
11) The Applicant shall obtain all required Building Department, Police Department and Fire
Department permits prior to the start of the event.
12) The owner /applicant shall utilize signage and volunteers to direct traffic to public parking
areas nearby.
PUBLIC WORKS /ENGINEERING
13) The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event.
14) All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas. (Refer to Attachment A: Best Management Practice).
15) The owner /applicant shall 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).
16) The owner /applicant shall obtain all necessary plan approvals and permits
BUILDING
17) Handicap stalls in the parking area must remain accessible for all uses.
18) The owner /applicant shall provide sufficient restroom facilities for patrons.
19) The Applicant shall obtain all required electrical permits from the Downey Building and
Safety Department by Wednesday, June 1, 2016.
20) Obtain electrical permits and building permits for sound and ride equipment and the stage.
21) Submit plans showing the security tents and details for the erection of the stage.
FIRE
22) The applicant shall obtain the Fire Department's approval for the use of any tents. Tents and
membrane structures having an area in excess of 400 square feet; or tents open on all sides
PLN -16 -00115 — 10830 -10846 Downey Ave
June 1, 2016 - Page 4
Resolution No. 16 -2985
Downey Planning Commission
having a size of 700 square feet or more; or aggregate area of multiple tents placed side by
side without a fire break clearance of 12 feet and exceeding 700 square feet shall require a
separate tent permit [CA Fire Code 3103.2].
23) All tents, extinguishers and electrical work must in place by noon on the Friday before the
event to enable an inspection by the Fire Department and the Building and Safety Division,
24) Generators shall not be refueled hot.
25) No cooking shall be conducted in buildings unless approved in advance of event and
inspected by Fire Prevention Bureau.
26) No cooking shall be conducted under tents or canopies.
27) Maintain occupant load in all structures per California Fire Code.
28) The Applicant shall provide a timeline for inspection request(s). If inspection is requested
after hours or on the weekend, additional inspection fee (4 hour minimum) may apply as per
city fee schedule.
29) The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code.
30) Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices,
and combustion engines.
31) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all
tents.
32) Fire access roads shall have an unobstructed width of not less than 20 feet [CA Fire Code
503.2.1] and extend to within 150 feet of all portions of building facilities [CA Fire Code
503.1.1].
33) In addition to the special event permit addressed by PLN -15- 00079, the Applicant shall
submit a separate special event permit to Downey Fire, not less than seven (7) days prior to
the beginning of the special event. The Applicant shall also provide a detailed site plan /map
indicating additional detail on generator size, fire protection at generator and cooking areas,
tent size and layout, evacuation routes, etc.
34) Occupancy within the building shall not exceed the maximum allowed.
POLICE
35) The Applicant must have two (2) licensed security guards on -site during the duration of the
event (June 3 -5, 2016).
36) Within ten days of the approval of PLN -16- 00115, the Applicant shall obtain Downey Police
Department approval of a security plan for the Greek festival and provide a map of the
security locations.
PLN -16 -00115 — 10830 -10846 Downey Ave
June 1, 2016 - Page 5
Resolution No. 16 -2985
Downey Planning Commission
37) Festival security officers shall be easily identifiable in brightly colored security shirts. The
security shirts shall not resemble the color of Downey Police officers; the shirts shall not be
blue or black.
38) The owner /applicant must have two (2) uniformed officers on site on Friday June 3, 2016
one hour before the live entertainment starts and one hour after the live entertainment ends.
PLN -16 -00115 —10830 -10846 Downey Ave
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Resolution No. 16 -2985
Downey Planning Commission
Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development
Construction Projects /Certification Statement
The following is intended as an attachment for construction and grading plans and represent the
minimum standards of good housekeeping which must be implemented on all construction sites
regardless of size.
❑ Eroded sediments and other pollutants must be retained on site and may not be transported from
the site via sheetflow, swales, area drains, natural drainage courses or wind.
❑ Stockpiles of earth and other construction related materials must be protected from being
transported from the site by the forces of wind or water.
❑ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and
are not to contaminate the soil and surface waters. All approved storage containers are to be
protected from the weather. Spills must be cleaned up immediately and disposed of in a proper
manner. Spills may not be washed into the drainage system.
U Non -storm water runoff from equipment and vehicle washing and any other activity shall be
contained at the project site.
_I Excess or waste concrete may not be washed into the public way or any other drainage system.
Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid
waste.
El Trash and construction related solid wastes must be deposited into a covered receptacle to
prevent contamination of rainwater and dispersal by wind.
I -1 Sediments and other materials may not be tracked from the site by vehicle traffic. The
construction entrance roadways must be stabilized so as to inhibit sediments from being
deposited into the public way. Accidental depositions must be swept up immediately and may not
be washed down by rain or other means.
E:l Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion
by wind and water.
❑ Other
As the project owner or authorized agent of the owner, I have read and understand the requirements listed
above, necessary to control storm water pollution from sediments, erosion, and construction materials,
and I certify that I will comply with these requirements.
Project Name:
Project Address:
Print Name
Signature
(Owner or authorized agent of the owner)
Date
(Owner or authorized agent of the owner)
PLN -16 -00115 — 10830 -10846 Downey Ave
June 1, 2016 - Page 7