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HomeMy WebLinkAboutPC Resolution 16-3002RESOLUTION NO. 16-3002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -16-00243 (SPECIAL EVENT) AND THEREBY AUTHORIZING THE OPERATION OFA THREE-DAY CARNIVAL ON NOVEMBER 4, 5, AND 6, 2016, WHICH INCLUDES RIDES, GAME BOOTHS, ENTERTAINMENT, AND FOOD SALES, ON THE PARKING LOT OF WARREN HIGH SCHOOL, LOCATED AT 8141 DE PALMA STREET AND ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL) 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 October 3, 2016, Russ Heicke, submitted a Land Use Permit Application (PLN -16-00243) on behalf of Warren High School, to request the Planning Commission's approval of a special event permit for a carnival at Warren High School, located at 8141 De Palma Street (hereinafter "Subject Property"). B. As proposed, the carnival will occur over a three-day period: November 4, 5, and 6, 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. The City of Downey General Plan Program No. 1.1.5.3 states, the City shall "promote recreation and entertainment uses that serve needs of the public." Inasmuch as the proposed carnival is a fundraising event for Warren High School athletics and programs at the school, it is open to the public, and because it will include games, and rides for attendees to enjoy, allowing the proposed activity will be consistent with the aforementioned General Plan program. B. The location of the proposed carnival is the southernmost parking lot along Paramount Boulevard at Warren High School. The subject property is located within the R-1 5,000 (Single -Family Residential) zone, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The three-day outdoor carnival will not impinge on Resolution No. 16-3002 Downey Planning Commission the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Warren High School will not be impacted by the by the proposed event, because the carnival will take place on a Friday evening and on the weekend, when school is not in session. C. The special event PLN Case No. 16-00243 proposes will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary three-day outdoor event. Nevertheless, staff is recommending several conditions of approval, which staff believes 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 -16-00243 (Special Event), subject to 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. as Flores, Chairman 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 Mary Cavanagh, Secretary City Planning Commission PLN -16-00243 — 8141 De Palma Street October 19, 2016 - Page 2 Resolution No. 16-3002 Downey Planning Commission PLN -16-00243 (SPECIAL EVENT) CONDITIONS OF APPROVAL PLANNING This approval of PLN -16-00243 (Special Event) allows the applicant to host a three-day outdoor Carnival on the southwesterly parking lot area of Warren High School, located at 8141 De Palma Street in Downey. The hours for the carnival shall be as follows: Friday, November 4, 2016, between 5:00 p.m. and 11:00 p.m. Saturday, November 5, 2016, between 1:00 p.m. and 11:00 p.m. Sunday, November 6, 2016, between 1:00 p.m. and 11:00 p.m. 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. Approved activities for this Special Event Permit shall consist of food booths, game booths, two (2) fun houses, large mechanical carnival rides, kiddies' rides, a stage, and school booths where student organizations will sponsor tacos and games. 4. 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. 5. The owner/applicant shall provide trash receptacles on the subject site, including parking lots. During the event, organization member(s) shall walk around the premises to remove trash on the subject site (including parking lots) and the adjacent sidewalks and neighborhoods. 6. Speakers for amplified sound shall face away from the adjoining residential properties. 7. All outdoor activities shall cease by 11:00 p.m. on Sunday, November 6, 2016. 8. Set-up may begin no sooner than 4:00 p.m. on Thursday, November 3, 2016. 9. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles, port -a -potties, the generator, electrical equipment, mechanical rides, and garbage shall be completed no later than 12:00 a.m. on Monday, November 7, 2016. 10. The generator 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. 11. The Special Event area shall be cordoned off from vehicle traffic. 12. All necessary lighting shall be directed away from any residential uses nearby. 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. PLN -16-00243 — 8141 De Palma Street October 19, 2016 - Page 3 Resolution No. 16-3002 Downey Planning Commission 14. The sale and consumption of alcoholic beverages shall be prohibited. 15. The applicant shall obtain all permits required 'by the City of Downey Building and Safety Division, Police Department and Fire Department for mechanical rides, electrical connections, or other activities associated with the carnival, not less than two days prior to the start of the event. 16. The applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 17. Hand held signs shall not be utilized on public or private property to advertise the event. 18. 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. 19. The applicant shall provide adequate signage on the subject property to direct carnival guests to restrooms on the Warren High School site. 20. The applicant shall assign workers to pick up trash during the carnival and in the immediate vicinity of the school. 21. The carnival operator shall provide a clean-up crew that will clean the Warren High School parking lots every night before leaving the school site. 22. All security guards shall wear shirts with "SECURITY" written in large white letters on the front back, and around arm sleeve bands. The security guards shall be unarmed. BUILDING & SAFETY 23. The applicant must obtain building permits for the proposed temporary music stage and outdoor generators. 24. Handicap stalls in the parking area must remain accessible for all uses. FIRE 25. The applicant shall obtain the Fire Department's approval for the use of any tents. PLN -16-00243 — 8141 De Palma Street October 19, 2016 - Page 4 Resolution No. 16-3002 Downey Planning Commission 26. All tents, extinguishers and electrical work must be in place by noon on the Friday before the event to enable an inspection by the Fire Department and the Building and Safety Division. 27. During the three-day event, cooking is not permitted inside buildings without the advance approval from the Downey Fire Prevention Bureau. 28. Outdoor generators shall not be refueled hot during the three-day event. POLICE 29. The owner/applicant must provide licensed security guards on-site during the duration of the event, including two (2) Downey Police Department Officers and four (4) security guards. Within ten days of the approval of PLN -16-00243, the Applicant shall obtain Downey Police Department approval of a security plan for the carnival. 30. Carnival security officers shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the color of Downey Police officers; they shall not be blue or black. PUBLIC WORKS/ENGINEERING 31. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 32. 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). 33. Closure of public streets for parking purposes shall not be permitted at any time. 34. The owner/applicant shall provide sufficient restroom facilities for patrons. HACommunity Development\Nguyen\CASES\Special Event (PC)\2016\8141 De Palma (Warren High) october\PLN-16-00243 reso.doc PLN -16-00243 — 8141 De Palma Street October 19, 2016 - Page 5 K ... .�. P . �P ..