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HomeMy WebLinkAboutPC Resolution 16-3001RESOLUTION NO. 16-3001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -16-00241 (SPECIAL EVENT PERMIT) -A REQUEST BY DESERT REIGN ASSEMBLY OF GOD CHURCH TO CONDUCT A ONE -DAY OUTDOOR "HALLOWEEN FESTIVAL" ON MONDAY OCTOBER 31, 2016, ' FROM 5:30 PM TO 8:30 PM, WHICH INCLUDES DISC JOCKEYS, JUMPERS, GAME BOOTHS, AND KID RIDES, ON THE PARKING LOT OF THE CHURCH PROPERTY LOCATED AT 11610 LAKEWOOD BOULEVARD, ZONED C -P (PROFESSIONAL OFFICE) 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 30, 2016, Larry Salazar, submitted a Land Use Permit Application (PLN -16-00241) on behalf of Desert Reign Assembly of God Church, to request the Planning Commission's approval of a special event permit for a one -day "Halloween Festival" on the church parking lot, located at 11610 Lakewood Boulevard (hereinafter "Subject Property"). B. The proposed event will occur over a one -day period: October 31, 2016. C. On October 5, 2016, notice of the pending public hearing was sent to all property owners within 500' of the subject site and it was published in the Downey Patriot. D. The Planning Commission held a duly noticed public hearing on October 19, 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. 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 one -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 -16-00241 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." The proposed event is a fundraising event to benefit Desert Reign Assembly of God Church, it is open to the public, and it will include games, bouncers, and music entertainment for attendees to enjoy, allowing the proposed activity will be consistent with the aforementioned General Plan program. Resolution No. 16-3001 Downey Planning Commission B. The location of the proposed festival is on the north parking lot and the courtyard of Desert Reign Assembly of God Church. The subject property is located within the C -P (Professional Office) 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 outdoor celebration will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Desert Reign Assembly of God Church will not be impacted by the by the proposed event, because the event will take place in the evening, between 5:30 pm and 8:30 pm, when church is not in session. C- The special event PLN -16-00241 proposes will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary one -day outdoor 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 -16-00241 (Special Event), subject to the conditions of approval attached hereto, 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 19th day of October 2016. atlas 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 19th day of October 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 -16-00241 (Special Event) — 11610 Lakewood Blvd October 19, 2016 - Page 2 Resolution No. 16-3001 Downey Planning Commission PLN -16-00241 (SPECIAL EVENT) CONDITIONS OF APPROVAL PLANNING 1. This approval of PLN -16-00241 (Special Event) allows for a special event to be held on Monday, October 31, 2016, from 5:30 p.m. to 8:30 p.m. Approved activities include: various carnival game booths, kid rides, petting zoo, jumpers, and disc jockey, all taking place within the north parking lot of the church's property. 2. 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. 3. Activities of the Special Event shall only occur on the north parking lot of the Desert Reign Assembly of God Church with the remainder of the parking area to south being reserved for parking of patron vehicles. 4. Setup for the event shall occur no earlier than 12:00 noon on Monday, October 31, 2016. Site cleaning activities shall not take place past 11:00 p.m. on Monday, October 31, 2016. 5. Light generators may be brought to the property the day before the event. The remainder of the set-up for the event shall commence no sooner than 12:00 noon on Monday, October 31, 2016. 6. The Applicant shall provide sufficient trash and recycling receptacles on-site for the disposal of food and debris. 7. The sale of alcoholic beverages on the subject property is prohibited at all times. 8. All speakers for amplified noise shall be directed away from adjacent residential areas. 9. 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. 10. The Applicant shall have volunteers patrol the parking areas and the site perimeter to pick- up trash and litter during all hours of the event. In addition, the applicant shall be responsible to clean up and remove all trash on the public streets surrounding the property, no later than 11:00 p.m. the day of the event. PLN -16-00241 (Special Event) — 11610 Lakewood Blvd October 19, 2016 - Page 3 Resolution No. 16-3001 Downey Planning Commission 11. 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. 12. All required Building Department, Police Department, Public Works Department and Fire Department permits shall be obtained not less than two days before the start of the event 13. All Health Department approvals required for the sale or serving of food shall be obtained not less than two days before the start of the event. BUILDING & SAFETY 14. The applicant must obtain building permits for the proposed temporary stage and outdoor generators. FIRE 15. The applicant shall obtain the Fire Department's approval for the use of any tents. 16. All tents, extinguishers and electrical work must in place by noon on Monday the day of the event to enable an inspection by the Fire Department and the Building and Safety Division. POLICE 17. The owner/applicant must provide three (3) licensed security guards on-site during the duration of the event. PUBLIC WORKS/ENGINEERING 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. Closure of public streets for parking purposes shall not be permitted at any time. 21. Handicap stalls in the parking area must remain accessible for all uses. 22. The owner/applicant shall provide sufficient restroom facilities for patrons. HACommunity Development\Nguyen\CASES\Special Event (PC)\2016\11610 Lakewood (Desert Reign) october carnival\16-00241 reso.doc PLN -16-00241 (Special Event) — 11610 Lakewood Blvd October 19, 2016 - Page 4