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HomeMy WebLinkAbout3. PLN-17-00066 11040 BrookhsireSTAFF REPORT PLANNING DIVISION DATE: MAY 17, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-17-00066 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH BAND BOOSTERS CLUB TO CONDUCT A FOUR DAY CARNIVAL FROM MAY 2 6 TO 29, 2017, WHICH INCLUDES CARNIVAL RIDES, GAME BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL LOCATION: 11040 BROOKSHIRE AVENUE ZONING: ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY RESIDENTIAL) REPORT SUMMARY PLN-17-00066 is a request for approval of a special event permit for a carnival to take place on the parking lot of Downey High School over the course of a four day weekend (May 26, 27, 28, and 29, 2017). The proceeds for the carnival will benefit Downey High School’s band, color guard and football program. After reviewing this proposal, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00066 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH BAND BOOSTERS TO CONDUCT A FOUR DAY CARNIVAL FROM MAY 2 6 TO 29, 2017, WHICH INCLUDES CARNIVAL RIDES, GAME BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL LOCATED AT 11040 DOWNEY AVENUE, AND ZONED R-2 (TWO- FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-FAMILY RESIDENTIAL) BACKGROUND On May 5, 2017, staff received a Special Event Permit Application (PLN-17-00066) from the Downey High Band Boosters, to request a four-day carnival at Downey High School. PLN-17- 00066 marks the fifth consecutive year that Downey High School has been the setting for the carnival, which serves as a fundraising event for school programs. Proceeds from this event will benefit the band and the football program. PC Agenda Page 1 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 2 Downey High School is located at the northeast corner of Brookshire Avenue and Firestone Boulevard. The school site comprises approximately 42 acres land with classroom buildings, administrative offices, sports fields, a swimming pool facility, and tennis courts. Downey High School also has three parking lots that are located at the northerly side of the school (adjacent to the swimming pool and tennis courts), on the east side of the school (south of the baseball field), and at the southwest area of the school property immediately adjacent to Brookshire Avenue and Firestone Boulevard. A driveway on Brookshire Avenue provides access to the parking lot on the northerly side of the school, a driveway aisle on Lakewood Boulevard provides access to the easterly parking lot, and two driveways (one on Brookshire Avenue and another on Firestone Boulevard) provide vehicular access to the southerly parking lot. This parking lot is the primary parking lot of the school and it will be the site of the proposed carnival. The Downey High School property has a General Plan Land Use Designation of M-U (Mixed Use) and it is zoned R-2 (Two-Family Residential) and R-3 (Multiple-Family Residential). Single family dwellings and apartment buildings border the north side of the school, single-family dwellings and office buildings border the east, the Downey Civic Center is west of the subject site on the opposite side of Brookshire Avenue, and retail uses exist on the south side of Firestone Boulevard and south of Downey High School. Staff completed its review of the application on May 8, 2017, and deemed it complete. On May 8, 2017, staff mailed notice of the pending public hearing to all property owners within 500 feet of the subject site and the notice was published in the Long Beach Press-Telegram. DISCUSSION The proposed carnival will be a fundraiser for Downey High School’s band and football program. The carnival will take place in the southerly parking lot of Downey High School, which borders Brookshire Avenue and Firestone Boulevard. An eight foot (8’) tall wrought iron fence surrounds this parking lot. The plan proposes two points of entry for the carnival area: a gated entrance on Brookshire Avenue and another on Firestone Boulevard. The hours proposed for the outdoor carnival will be as follows: •Friday, May 26, 2017, between 4:00 p.m. and 11:00 p.m. •Saturday, May 27, 2017 and Sunday May 28, 2017, between 12:00 noon and 11:00 p.m. •Monday, May 29, 2017 (Memorial Day), between 1:00 p.m. and 10:00 p.m. The carnival will be set up in the southerly Downey High School parking lot, approximately 600 feet from the residential properties to the east (Marbel Ave) and about 1,200 feet from the residential properties to the north (Fifth St). Attractions for the carnival include a Ferris wheel at the southwest corner of the carnival area, large rides and kid’s rides near the center of the area, with food booths along the northerly side of the carnival area, and restroom facilities and a fun house to the east. According to the applicant, there will be no live musicians or amplified music for the carnival, other than the music associated with the carnival rides; however, the Applicant proposes to locate a generator near Firestone Boulevard. Scheduling carnival set-up times and site cleanup times are important because these activities affect parking and traffic circulation at Downey High School and the Downey Civic Center. Carnival set up activities will begin Wednesday May 24, 2017, after school lets out. A condition of approval has been recommended to require a street sweeper to clean the school parking lots Monday night. PC Agenda Page 2 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 3 Visitors might be inclined to use the City’s parking lots across the street since they are in close proximity to Downey High School; therefore, the sweepers will clean those lots as well. Also, staff has recommended a condition to require that trash shall be picked up during the carnival and in the immediate vicinity of the school. The carnival operator also has a clean-up crew; they will clean the school’s parking lot every night before leaving. Downey High School’s north parking lot (200 standard and 10 handicap stalls) will be available to carnival guests and participants. Another 150 parking spaces can be used on the baseball field at the east side of the lot. It is staff’s opinion that Downey High has sufficient parking spaces to accommodate carnival guests. However, to prevent any potential traffic or parking problems, staff is proposing a condition that requires the applicant to submit a security plan that includes provisions to address traffic control on Firestone Blvd at Marbel Ave, Brookshire Ave at the school north parking lot, and Lakewood Blvd at Third St. Said traffic control measures shall be subject to the approval of the Director of Public Works. During previous Planning Commission public hearings for the subject carnival, residents that live on Marbel Ave, north of Firestone Blvd, have voiced concerns about traffic, parking, and litter throughout the four-day event. Traffic issue represents the greatest complaint about the carnival. Because of this and to prevent any future problems during the four-day carnival, staff is recommending the following conditions of approval: • All entrance and exit gates from Marbel Avenue to Downey High School shall be locked during the permitted hours of carnival; • Marbel Avenue shall be closed to non-local traffic during the permitted hours of carnival. The applicant is responsible for covering the cost of a Downey Police Officer to manage traffic entering and existing Marbel Avenue; and, • Under the direction of the Public Works and the Police Departments, the applicant shall barricade and post signs to redirect non-local traffic from entering and parking on Marbel Avenue. This shall include posting necessary signage on Firestone Blvd. DEVELOPMENT REVIEW COMMITTEE The proposed carnival was presented to all Development Review Committee (DRC) members for review and comment. The Downey Police Department provided their standard condition of approval that includes two (2) Downey Police Department Officers and six (6) security guards on site during the duration of the event. Also, the Fire Department and Building and Safety Division stated that permits are required for the proposed inflatable houses, mechanical rides, and any outdoor generators. The Public Works Department did not express any concerns and provided their standard conditions of approval for the event. Recommended conditions of approval have been included in the attached Resolution to address these concerns. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to Land). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. Class 4 exemptions include temporary uses, such as a carnival, that will have no permanent effect on the environment. PC Agenda Page 3 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 4 FINDINGS Pursuant to the requirements of the Municipal Code, staff recommends that the Planning Commission make the following findings to approve the request. 1. 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 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.” The proposed event is a fundraising event to benefit the band, color guard and the football program of Downey High School; it is open to the public; and it will include food, games, and rides for attendees to enjoy. Therefore, allowing the proposed activity will be consistent with the aforementioned General Plan program. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The location of the proposed carnival is the southernmost parking lot at Downey High School. The subject property is located within the R-2 (Two-Family Residential) and R-3 (Multiple-Family Residential) zones, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The four day outdoor carnival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Downey High School will not be impacted by the proposed event, because the carnival will take place on a Friday evening, on the weekend, and on the Memorial Day holiday, when school is not in session. 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event PLN-17-00066 proposes will occur in the parking lot of the Downey High School. The applicant has secured sufficient public parking to accommodate the additional traffic generated by the use, which is on the school property and is within walking distance to the event. Furthermore, this annual event is temporary and will not result in permanent injury to the public health, safety, or welfare. Finally, staff is recommending several conditions of approval that will prevent the event from impacting surrounding sites. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained within this report, staff recommends that the Planning Commission adopt a resolution to approve PLN-17-00066 (Special Event Permit), thereby allowing a four-day carnival at the Downey High School, subject to the conditions of approval. PC Agenda Page 4 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 5 EXHIBITS A. Location Map & Zoning Map B. Site Photograph & Aerial Photograph C. Carnival Area D. Draft Resolution H:\Community Development\Nguyen\CASES\Special Event (PC)\2017\11040 Brookshire (Downey High Carnival)\PLN-17-00066 Staff Report.docx PC Agenda Page 5 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 6 EXHIBIT ‘A’ LOCATION MAP ZONING MAP DOWNEY HIGH SCHOOL 11040 BROOKSHIRE AVENUE DOWNEY HIGH SCHOOL PC Agenda Page 6 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 7 EXHIBIT ‘B’ SITE PHOTOGRAPH AERIAL PHOTOGRAPH CARNIVAL AREA PARKING AREAS Baseball Field PC Agenda Page 7 PLN-17-00066 - 11040 Brookshire Avenue May 17, 2017 - Page 8 EXHIBIT ‘C’ CARNIVAL AREA PC Agenda Page 8 RESOLUTION NO. 17-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00066 (SPECIAL EVENT) - A REQUEST BY DOWNEY HIGH BAND BOOSTERS TO CONDUCT A FOUR DAY CARNIVAL FROM MAY 26 TO 29, 2017, WHICH INCLUDES CARNIVAL RIDES, GAME BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL LOCATED AT 11040 DOWNEY AVENUE, AND ZONED R-2 (TWO- FAMILY RESIDENTIAL) AND R-3 (MULTIPLE-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 May 5, 2017, Cindy Flores submitted a Land Use Permit Application (PLN-17- 00066) on behalf of the Downey High Band Boosters, to request the Planning Commission’s approval of a special event permit for a carnival at Downey High School, located at 11040 Downey Avenue (hereinafter "Subject Property"). B. The proposed carnival would occur over a four-day period: May 26, 27, 28, and 29, 2017. C. The subject property is zoned R-2 (Two-Family Residential) and R-3 (Multiple- Family Residential). D. On May 8, 2017, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and it was published in the Press Telegram. E. The Planning Commission held a duly noticed public hearing on May 17, 2017, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearing, adopted this Resolution, subject to conditions of approval (Exhibit A). 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. 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.” The proposed event is a fundraising event to benefit the band, color guard and the football program of Downey High School; it is open to the public; and it will include food, games, and rides for attendees to enjoy. Therefore, allowing the proposed activity will be consistent with the aforementioned General Plan program. PC Agenda Page 9 Resolution No. 17-____ Downey Planning Commission PLN-17-00066 (Special Event Permit) – 11040 Brookshire Avenue May 17, 2017 - Page 2 B. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The location of the proposed carnival is the southernmost parking lot at Downey High School. The subject property is located within the R-2 (Two-Family Residential) and R-3 (Multiple-Family Residential) zones, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The four day outdoor carnival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Downey High School will not be impacted by the proposed event, because the carnival will take place on a Friday evening, on the weekend, and on the Memorial Day holiday, when school is not in session. C. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event PLN- 17-00066 proposes will occur in the parking lot of the Downey High School. The applicant has secured sufficient public parking to accommodate the additional traffic generated by the use, which is on the school property and is within walking distance to the event. Furthermore, this annual event is temporary and will not result in permanent injury to the public health, safety, or welfare. Finally, several conditions of approval have been included to 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-17-00066 (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 17th day of May 2017. _______________________ Jim Rodriguez, 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 17th day of May 2017, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: _______________________ Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 10 Resolution No. 17-____ Downey Planning Commission PLN-17-00066 (Special Event Permit) – 11040 Brookshire Avenue May 17, 2017 - Page 3 EXHIBIT A – CONDITIONS OF APPROVAL PLN-17-00066 (SPECIAL EVENT) PLANNING 1. This approval of PLN-17-00066 (Special Event) allows the applicant to host a four-day carnival on the south parking lot area of Downey High School, located at 11040 Brookshire Avenue. The hours for the carnival shall be as follows: • Friday, May 26, 2017: 4:00 p.m. to 11:00 p.m. • Saturday, May 27, 2017 and Sunday May 28, 2017: 12:00 noon to 11:00 p.m. • Monday, May 29, 2017 (Memorial Day): 1:00 p.m. to 10:00 p.m. 2. Approved activities for this Special Event Permit shall consist of food booths, game booths, a fun house, and large mechanical rides. 3. No amplified music or live musicians will be permitted during the four-day event. 4. All entrance and exit gates from Marbel Avenue to Downey High School shall be locked during the permitted hours of carnival. 5. Marbel Avenue shall be closed to non-local traffic during the permitted hours of carnival. The applicant is responsible for covering the cost of a Downey Police Officer to manage traffic entering and existing Marbel Avenue. 6. Under the direction of the Public Works and Police Departments, the applicant shall barricade and post signs to redirect non-local traffic from entering and parking on Marbel Avenue. This shall include posting necessary signage on Firestone Boulevard. 7. 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. 8. 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. 9. The 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), the adjacent sidewalks and neighborhoods. 10. All outdoor activities for the carnival shall cease by 10:00 p.m. on Monday May 29, 2017. 11. Set-up shall begin no sooner than 4:00 p.m. on Wednesday, May 2 4. 2017. 12. 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 Tuesday May 30, 2017. 13. The Special Event area shall be cordoned off from vehicle traffic. PC Agenda Page 11 Resolution No. 17-____ Downey Planning Commission PLN-17-00066 (Special Event Permit) – 11040 Brookshire Avenue May 17, 2017 - Page 4 14. All necessary lighting shall be directed away from any residential uses nearby. 15. Any necessary Health Department approvals required for the sale of food shall be obtained on or before Monday, May 22, 2017. 16. 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 event on or before Monday, May 22, 2017. 17. The sale and consumption of alcoholic beverages shall be prohibited at all times. 18. The applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 19. Hand held signs shall not be utilized on public or private property to advertise the event. 20. The 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. The 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. FIRE 21. The applicant shall obtain the Fire Department’s approval for the use of any tents on or before Tuesday, May 23, 2017. Tents and membrane structures having an area in excess of 400 square feet; or tents open on all sides 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]. 22. All tents, extinguishers and electrical work must in place by noon on May 25, 2017 to enable an inspection by the Fire Department and the Building and Safety Division. 23. The use of generators for the event shall not be refueled hot. 24. The applicant shall provide trained crowd manager(s) approved by Downey Fire. The minimum number of crowd managers shall be established at a ratio of 1 crowd manager to every 250 persons. The Applicant shall meet with Downey Fire to determine the specific number of crowd managers required on or before Monday, May 22, 2017. PC Agenda Page 12 Resolution No. 17-____ Downey Planning Commission PLN-17-00066 (Special Event Permit) – 11040 Brookshire Avenue May 17, 2017 - Page 5 25. The applicant shall provide a plan to address fire hazard from cooking; specifically, LP-gas (propane) gas use on or before Monday, May 22, 2017 and prior to the beginning of the special event. Said plan shall also address weather threats (e.g. extreme heat, wind) and accompanying mitigation protocols (e.g. cooling stations, evacuation). A Public Safety Plan is required where gatherings may adversely affect public safety services or fire access to structures (Note: The Applicant may address the fire-life safety issues concurrently in Police/Security Plan; however this plan would also be required to be reviewed and approval by Fire). 26. 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. 27. In addition to the special event permit addressed by PLN-17-00066, 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. POLICE 28. The applicant must provide licensed security guards on-site during the duration of the event, including two (2) Downey Police Department Officers and six (6) security guards. Within ten days of the approval of PLN-17-00066, the applicant shall obtain Downey Police Department approval of a security plan for the carnival and provide a map of the security locations. 29. The applicant shall submit a security plan that includes provisions to address traffic control on Firestone Blvd at Marbel Ave, Brookshire Ave at the school’s north parking lot, and Lakewood Blvd at Third St. Said traffic control measures shall be subject to the approval of the Director of Public Works. 30. Within seven (7) days of the approval of PLN-17-00066, the applicant shall obtain Downey Police Department approval of a security plan for the carnival and provide a map of the security locations. 31. 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 32. The facility shall provide sufficient trash and recycling receptacles for the disposal of food and debris at the event. 33. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 34. The 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). PC Agenda Page 13 Resolution No. 17-____ Downey Planning Commission PLN-17-00066 (Special Event Permit) – 11040 Brookshire Avenue May 17, 2017 - Page 6 BUILDING 35. Handicap stalls in the north parking area must remain accessible for all uses. 36. The applicant shall provide sufficient restroom facilities for patrons during the four-day event. 37. The applicant shall obtain all required electrical permits from the Downey Building and Safety Department by Monday, May 22, 2017. 38. Downey Building inspectors shall inspect all carnival rides and attractions by 12:00 noon on Thursday, May 25, 2017. PC Agenda Page 14