HomeMy WebLinkAbout1. PLN-17-00148 8141 De Palma StreetSTAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 20, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: STEFANIE EDMONDSON, CONTRACT PLANNER
SUBJECT: SPECIAL EVENT PERMIT (PLN-17-00148) - A REQUEST BY WARREN
HIGH SCHOOL TO CONDUCT A THREE-DAY CARNIVAL ON
SEPTEMBER 29, 30 AND OCTOBER 1, 2017, WITHIN THE SCHOOL
PARKING LOT
LOCATION: 8141 DE PALMA STREET
ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The proposed Special Event Permit application (PLN-17-00148) is a request to conduct a three-
day carnival within the parking lot of Warren High School. This is an annual event that the
school has hosted for several years to help support various school programs and athletics.
These events have been benefits to the school with having little impact to the area.
Based on the analysis contained within this report, staff recommends that the Planning
Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SPECIAL EVENT PERMIT (PLN-17-00148) AND
THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL
ON SEPTEMBER 29, 30 AND OCTOBER 1, 2017, WHICH INCLUDES RIDES,
GAME BOOTHS, AND FOOD SALES, WITHIN THE PARKING LOT OF
WARREN HIGH SCHOOL, LOCATED AT 8141 DE PALMA STREET AND
ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
BACKGROUND
On August 24, 2017, Russ Heicke (hereinafter referred to as “the Applicant”), submitted a
Special Event Permit application (PLN-17-00148) to request the Planning Commission’s
approval of a carnival at Warren High School. The proposed carnival would occur over a three-
day period: September 29, 30 and October 1, 2017.
PC Agenda Page 1
Special Event Permit (PLN-17-00148) – 8141 De Palma St
September 20, 2017 - Page 2
Warren High School is at the northeast corner of Paramount Boulevard and De Palma Street.
The school site comprises approximately 26 acres of land. The property has classroom
buildings, administrative offices, sports fields, a swimming pool facility, tennis courts, and three
parking lots. The parking lots are located on the east side of the school (adjacent to Gurley
Avenue), on the south side of the school near the school offices (at De Palma Street) and at the
westerly side of the school (adjacent to the north and south sides of the tennis courts). The
southernmost parking lot along Paramount Boulevard is the primary parking lot of the school
and it will be the site of the proposed carnival activities.
The Warren High School property has a General Plan Land Use Designation of Mixed Use (MU)
and is zoned R-1 5,000 (Single-Family Residential). The surrounding properties are described
as follows:
Zone Use
North C-1 (Neighborhood Commercial) and
C-M (Commercial Manufacturing) Retail (Building Materials Yard)
East R-1 (Single Family Residential) and
R-3 (Multiple-Family Residential)
Single-Family Residential and
Apartment Buildings
West R-1 5,000 and
C-1(Neighborhood Commercial)
Single-Family Residential and Apartment
Buildings
South
C-1 (Neighborhood Commercial)
R-1 (Single Family Residential) and
R-3 (Multiple-Family Residential)
Church, Single-Family Residential and
Apartment Buildings
On September 7, 2017, the application was deemed complete and a 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.
DISCUSSION/ ANALYSIS
The Special Event Permit is to allow a carnival as a fundraiser for school programs and athletics
at Warren High School. The application did not indicate the number of visitors the proposed
special event would attract, but staff anticipates upwards of 500 persons per day over the three-
day weekend. Activities at the carnival include food, game booths, two (2) fun houses, large
mechanical carnival rides, kiddie’s rides, and school booths where student organizations will
sponsor tacos and games.
The carnival will take place in the southerly parking lot of Warren High School, which borders
Paramount Boulevard. The hours proposed for the carnival will be as follows:
Friday, September 29, 2017, between 5:00 p.m. and 11:00 p.m.
Saturday September 30, 2017, between 1:00 p.m. and 11:00 p.m.
Sunday, October 1, 2017, between 1:00 p.m. and 10:00 p.m.
Warren High School’s parking lots will be available to carnival guests and participants. The
Applicant estimates that 525 parking spaces are available on the subject site, including 100
spaces in the parking lot north of the tennis courts, 360 parking spaces (10 ADA accessible) in
the rear school parking lot adjacent to Gurley Avenue, 50 spaces adjacent to Warren High
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Special Event Permit (PLN-17-00148) – 8141 De Palma St
September 20, 2017 - Page 3
School in the center of the site and 15 ADA accessible parking spaces adjacent to the school’s
administrative offices along De Palma Street. Twenty-foot wide fire truck access lanes at the
center and along the perimeter of the carnival area will be provided. The fire lanes will be
accessible from two gates along the Paramount Boulevard street frontage and from De Palma
Street.
The carnival will be set up in the southwesterly (Paramount Boulevard) parking lot,
approximately 100 feet from the residential properties to the west and about 225 feet from the
residential properties to the south. The Applicant proposes to locate a generator near the center
of the carnival area, and adjacent to the large rides. The only amplified noise proposed will
occur in association with the carnival rides. Set-up activities will begin Thursday, September 28,
2017 no earlier than 4:00 p.m.
Similar to previous years, Warren High School will hire four (4) licensed security guards from
RMI International Security Company to provide security for the carnival, with two (2) Warren
High School security guards patrolling the parking lots and school campus. In addition, two (2)
Downey Police Department Officers will be on-site during peak carnival hours on Friday and
Saturday from 7:00 p.m. to 11:00 p.m. and on Sunday from 7:00 p.m. to 9:00 p.m.
DEVELOPMENT REVIEW COMMITTEE
On September 7, 2017, the Development Review Committee (DRC) discussed and evaluated
the aspects of the Special Event Permit that pertain to Planning, Police, Fire, Public Works, and
Building and Safety matters. The Police Department provided their conditions of approval that
includes two (2) Downey Police Department Officers (during peak carnival hours) and six (6)
security guards on site during the duration of the event. The Fire Department and Building and
Safety Division stated that permits are required for the inflatable houses, mechanical rides, and
any outdoor generators. Said concerns have been addressed with specific conditions of
approval.
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 (e) (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.
FINDINGS
Pursuant to the requirements of the Municipal Code, the following findings shall be made in
order for the Planning Commission 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.” Inasmuch as the
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Special Event Permit (PLN-17-00148) – 8141 De Palma St
September 20, 2017 - Page 4
proposed carnival is a fundraising event for Warren High School athletics and programs,
is open to the public, and includes games and rides for attendees to enjoy, the proposed
special event is consistent with the aforementioned General Plan program.
2. That the proposed activity or use is consistent with other provisions of Article IX
(Zoning Ordinance) of the Downey Municipal Code.
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 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 proposed event, because the carnival will take
place on a Friday evening and on the weekend, 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-17-00148) proposed 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 to ensure the
event does not impacting surrounding sites.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
As the carnival has been a successful fundraiser and an anticipated event by the community for
several years, Staff supports the proposed carnival (as conditioned) and recommends that the
Planning Commission approve Special Event Permit application (PLN-17-00148), subject to the
conditions of approval as stated in the Planning Commission Resolution.
EXHIBITS
A. Vicinity Map & Site Photograph
B. Aerial Photograph
C. Draft Resolution
D. Site Plan
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Special Event Permit (PLN-17-00148) – 8141 De Palma St
September 20, 2017 - Page 5
Exhibit ‘A’
PROJECT LOCATION
SITE PHOTOGRAPHS OF THE PROPOSED CARNIVAL AREA
(Views of southerly parking lot from Paramount Boulevard)
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Special Event Permit (PLN-17-00148) – 8141 De Palma St
September 20, 2017 - Page 6
Exhibit ‘B’
AERIAL PHOTOGRAPH
8141 De Palma Street
EVENT
AREA
350
Parking
Spaces
100
Parking
Spaces
Entrance
Entrance
PC Agenda Page 6
RESOLUTION NO. 17-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SPECIAL EVENT PERMIT (PLN-17-00148) AND
THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL
ON SEPTEMBER 29, 30 AND OCTOBER 1, 2017, WHICH INCLUDES RIDES,
GAME BOOTHS, AND FOOD SALES, WITHIN 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 August 24, 2017, Russ Heicke (hereinafter referred to as “the Applicant”),
submitted a Special Event Permit Application (PLN-17-00148) 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"); and
B. On September 7, 2017, staff deemed the application complete; and
C. On September 7, 2017, notice of the pending public hearing was sent to all
property owners within 500’ of the subject site and the notice was published in the
Downey Patriot; and
D. The Planning Commission held a duly noticed public hearing on September 20,
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. 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, is open to the public, and includes games and rides for
attendees to enjoy, the proposed special event is 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
PC Agenda Page 7
Resolution No. 17-
Downey Planning Commission
Special Event Permit (PLN-17-00148) – 8141 De Palma Street
September 20, 2017 - Page 2
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
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
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-17-00148) proposed 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 to ensure the event does not 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 Special Event
Permit (PLN-17-00148), 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 20th day of September 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 20th day of
September 2017, by the following vote, to wit:
AYES:
ABSENT:
ABSTAIN:
NOES:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 8
Resolution No. 17-
Downey Planning Commission
Special Event Permit (PLN-17-00148) – 8141 De Palma Street
September 20, 2017 - Page 3
SPECIAL EVENT PERMIT - PLN-17-00148
CONDITIONS OF APPROVAL
PLANNING
1. This approval of Special Event Permit (PLN-00148) 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, September 29, 2017, between 5:00 p.m. and 11:00 p.m.
Saturday, September 30, 2017, between 1:00 p.m. and 11:00 p.m.
Sunday, October 1, 2017, between 1:00 p.m. and 10:00 p.m.
2. Approved activities for this Special Event Permit shall consist of food booths, game
booths, two (2) fun houses, large mechanical carnival rides, kiddies’ rides, and school
booths for student organizations.
3. 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.
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. Set-up shall begin no sooner than 4:00 p.m. on Thursday, September 28, 2017.
6. The Applicant shall provide trash receptacles on the subject site, including parking lots.
During the event, the Applicant shall assign workers to pick up trash during the carnival
in the parking lots and the adjacent sidewalks and neighborhoods.
7. The carnival operator shall provide a clean-up crew that will clean the Warren High
School parking lots every night at the closure of the event.
8. The Applicant shall provide a sweeper truck which cleans the parking lots upon closure
of the event on Sunday night.
9. All carnival activities shall cease by 10:00 p.m. on Sunday, October 1, 2017.
10. 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, October 2, 2017.
11. The generator is proposed to be located in the center of the carnival area; however, in no
instance shall the generator be located less than 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.
PC Agenda Page 9
Resolution No. 17-
Downey Planning Commission
Special Event Permit (PLN-17-00148) – 8141 De Palma Street
September 20, 2017 - Page 4
12. The Special Event area shall be cordoned off from vehicle traffic.
13. All necessary lighting shall be directed away from any residential uses nearby.
14. 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.
15. The sale and consumption of alcoholic beverages shall be prohibited.
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.
BUILDING & SAFETY
19. The Applicant shall obtain all permits required by the City of Downey Building and Safety
Division for mechanical rides, electrical connections, or other activities associated with
the carnival, not less than two (2) days prior to the start of the event.
20. The Applicant must obtain building permits for the proposed temporary outdoor
generators, not less than two days prior to the start of the event.
FIRE
21. The Applicant shall obtain a special event permit from City of Downey Fire Department.
The permit application shall be submitted to the Fire Prevention Bureau by Thursday,
September 21, 2017 and the permit obtained by Friday, September 22, 2017.
22. Event set-up including all rides, booths, generator, tents, fire protection, electrical, etc.
shall be complete, in place, and ready for inspection by 5:00 p.m. on Thursday,
September 28th. [Note: If inspection is conducted after hours (or on the weekend) an
additional inspection fee (4 hour minimum) will be applied as per city fee schedule].
23. The fire apparatus access (e.g. fire lane) shall be maintained and accessible at all times.
PC Agenda Page 10
Resolution No. 17-
Downey Planning Commission
Special Event Permit (PLN-17-00148) – 8141 De Palma Street
September 20, 2017 - Page 5
24. The fire access lane width to the Ferris Wheel shall be provided with a 26-foot fire lane in
order to accommodate an aerial ladder truck access and set-up [CA Fire Code §503.2.1;
D105.2].
25. Tents, canopies, 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 an 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].
26. Tents shall comply with CA Fire Code, CA Code of Regulations, and the 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)].
27. Tents shall not be located within 20 feet of parked vehicles, open flame or heating
devices, combustion engines, and buildings [CA Fire Code § 3104.7].
28. Generators shall not be located within 10 feet of a lot (property line) and 20 feet of
tents/membrane structures [CA Fire Code § 3104.19]. In addition, an approved barrier
(e.g. fencing) shall be provided around generator.
29. An SFM-tagged 4A-20BC rated fire extinguisher shall be provide at the generator as per
NFPA 10 and CA Fire Code §906.
30. No cooking shall be conducted inside tents or canopies. In addition any cooking and
heating equipment shall not be located within 10 feet of combustible materials [CA Fire
Code §3104.15.3].
31. The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. Any areas where deep frying, cooking operations are occurring
shall be provided with a K-class fire extinguisher. All extinguishers shall be in good
repair, serviced, and with CA SFM-tag affixed indicating required annual service
complete.
32. The Applicant shall maintain an occupant load in all structures, buildings, tents, canopies
as per California Fire Code. The occupant load signs, where required, shall be
conspicuously posted [CA Fire Code §3104.14; §1004.3].
33. All electrical cords shall be UL-listed and rated for heavy-duty, outdoor use and protected
from physical damage by cable bridges or other approved methods [CA Fire Code
§605.5].
34. All amusement rides shall be permitted with State of California DIR-DOSH. All
amusement rides shall comply with the requirements of CCR Title 8 – General Safety
Orders and CA Labor Code.
35. Each amusement ride shall display the required State registration (identification and
rating plate).
PC Agenda Page 11
Resolution No. 17-
Downey Planning Commission
Special Event Permit (PLN-17-00148) – 8141 De Palma Street
September 20, 2017 - Page 6
36. The Applicant shall at the time of special event application to the Fire Department,
submit list of rides with their corresponding current annual permit to operate.
POLICE
37. The owner/Applicant must provide (4) licensed security guards from RMI International
Security Company to provide security for the carnival, with two (2) Warren High School
security guards patrolling the parking lots and school campus. In addition, two (2)
Downey Police Department Officers will be on-site during peak carnival hours on Friday
and Saturday from 7:00 p.m. to 11:00 p.m. and on Sunday from 7:00 p.m. to 9:00 p.m.
38. Carnival security officers shall be easily identifiable in brightly colored security shirts. The
security shirts shall not resemble the shirt/uniform colors of Downey Police officers; they
shall not be blue or black. 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.
39. The owner/Applicant agrees that should there be an incident that requires an extended
police response the school will be billed for the officer’s time responding to and handling
the incident.
PUBLIC WORKS/ENGINEERING
40. All parking areas shall be swept clean after the event; there shall be no hosing down of
the parking areas.
41. 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).
42. Closure of public streets shall not be permitted at any time.
43. The owner/Applicant shall provide sufficient restroom facilities for patrons.
44. The Applicant shall provide adequate signage on the subject property to direct carnival
guests to restrooms on the Warren High School site.
45. The parking area designated for the disabled must remain accessible at all times.
PC Agenda Page 12
CITY OF DOWNEY
PLANNING DIVISION
NORTH EXHIBIT ‘D’
PROJECT No.
PROJECT LOCATION
SITE PLAN
SPECIAL EVENT – PLN-17-00148
8141 DE PALMA ST
Paramount Blvd
De
P
a
l
m
a
S
t
Carnival
Parking
Carnival
Parking
Gurley Ave
PC Agenda Page 13