HomeMy WebLinkAboutPC Resolution 17-3022RESOLUTION NO. 17-3022
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.
Resolution No. 17-3022
Downey Planning Commission
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.
r
JiT° Rodriguez, Chair an
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: Dominguez, Rodriguez, Owens and Duarte
ABSENT: COMMISSIONERS: Flores
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Mary Cavonagh, Secretary d`
City PlarMing Commission
PLN -17-00066 (Special Event Permit) — 11040 Brookshire Avenue
May 17, 2017 - Page 2
Resolution No. 17-3022
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN -17-00066 (SPECIAL EVENT)
PLANNING
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 24. 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.
PLN -17-00066 (Special Event Permit) — 11040 Brookshire Avenue
May 17, 2017 - Page 3
Resolution No. 17-3022
Downey Planning Commission
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.
PLN -17-00066 (Special Event Permit) — 11040 Brookshire Avenue
May 17, 2017 - Page 4
Resolution No. 17-3022
Downey Planning Commission
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).
PLN -17-00066 (Special Event Permit) — 11040 Brookshire Avenue
May 17, 2017 - Page 5
Resolution No. 17-3022
Downey Planning Commission
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.
PLN -17-00066 (Special Event Permit) — 11040 Brookshire Avenue
May 17, 2017 - Page 6