HomeMy WebLinkAboutPC Resolution 17-3023RESOLUTION NO. 17-3023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -17-00062 (SPECIAL EVENT), THEREBY ALLOWING THE
OPERATION OF A GREEK FESTIVAL ON JUNE 2, 3, AND 4, 2017 IN THE PARKING
LOT OF SAINT GEORGE GREEK ORTHODOX 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 on May 1, 2017
requesting approval of a Special Event Permit (PLN -17-00062) 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 4, 2017, 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 May 17, 2017
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 -17-00062 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 -17-00062 is located within the DDSP
Resolution No. 17-3023
Downey Planning Commission
(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
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 -17-00062 (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 -17-00062, 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.
[signatures on next page]
PLN -17-00062 - 10830-10846 Downey Avenue
May 17, 2017 - Page 2
Resolution No. 17-3023
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 17th day of May, 2017.
odriguez, 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:
Rodriguez, Owens, Dominguez and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Flores
ABSTAIN:
COMMISSIONERS:
None
Mary Cavanagh, Secretary
City Planning Commission
CONDITIONS OF APPROVAL
PLN -17-00062 - 10830-10846 Downey Avenue
May 17, 2017 - Page 3
Resolution No. 17-3023
Downey Planning Commission
PLN -17-00062 (SPECIAL EVENT PERMIT)
PLANNING
1) This approval of PLN -17-00062 (Special Event Permit) allows Saint George Greek Orthodox
Church, to host a three-day Greek festival on Friday June 2, 2017 from 4:00 p.m. to 10:00
p.m. and Saturday, June 3, 2017 and Sunday, June 4, 2017, 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 no earlier than Tuesday May 30, 2017. Clean-up activities, which
include the removal of all tables and chairs, booths, trash receptacles, stage, electrical equipment,
and garbage, shall be removed by Tuesday, June 6, 2017, 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.
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.
PLN -17-00062 - 10830-10846 Downey Avenue
May 17, 2017 - Page 4
Resolution No. 17-3023
Downey Planning Commission
8) The Applicant shall obtain any necessary Health Department approvals required for the sale of
food at the Greek Festival, on or before Thursday, May 25, 2017.
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 Thursday, May 25, 2017.
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 on or Thursday, May 25, 2017.
12) The owner/applicant shall utilize signage and volunteers to direct traffic to public parking
areas nearby. Volunteers shall be responsible for cleaning the litter on adjoining streets.
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.
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 Thursday, May 25, 2017.
20) Obtain electrical permits and building permits for sound and ride equipment and the stage on
or before Thursday, May 25, 2017.
21) Submit plans showing the security tents and details for the erection of the stage, on or before
Thursday May 25, 2017.
FIRE
22) The applicant shall obtain a tent permit from the Fire Department on or before Thursday,
May 25, 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
PLN -17-00062 - 10830-10846 Downey Avenue
May 17, 2017 - Page 5
Resolution No. 17-3023
Downey Planning Commission
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) Applicant shall ensure a tent permit is obtained no less than seven (7) days prior to the
beginning of the special event. The tent permit application shall 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, seating/table plan, etc.
25) Tents shall comply with CA Fire Code, CA Code of Regulations, and State Fire Marshal for
flame resistance standards of fabric [CA Fire Code § 3104.3; 3104.4; CCR Title 19 Division
1, §315(d); §335(a)]
26) Generators shall not be refueled hot.
27) Generators shall not be located within 10 feet of lot (property line)
28) No cooking shall be conducted inside tents or canopies.
29) Maintain occupant load in all structures, buildings, tents, canopies as per California Fire
Code.
30) 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.
31) The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. Areas where deep frying cooking operations are occurring shall be
provided with a K -class fire extinguisher.
32) Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices,
combustion engines, and buildings.
33) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all
tents.
34) Fire access shall be maintained - 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].
POLICE
35) The Applicant must have two (2) licensed security guards on-site during the duration of the
event (June 2-4, 2017).
36) Within ten days of the approval of PLN -17-00062, 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 -17-00062 - 10830-10846 Downey Avenue
May 17, 2017 — Page 6
Resolution No. 17-3023
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 for the duration of the entire
festival, one hour prior to the commencement of live entertainment and one hour after the
conclusion of live entertainment.
END OF CONDITIONS
PLN -17-00062 - 10830-10846 Downey Avenue
May 17, 2017 — Page 7
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