HomeMy WebLinkAbout2. PLN-17-00154 10441 Downey
STAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 4, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-17-00154 (SPECIAL EVENT PERMIT) - A REQUEST TO
OPERATE AN ANNUAL CARNIVAL FOR THREE (3) CONSECUTIVE
DAYS (OCTOBER 13, 14, AND 15, 2017), IN CONJUNCTION WITH
THE OUR LADY OF PERPETUAL HELP SCHOOL
LOCATION: 10441 DOWNEY AVENUE
ZONING: R-3 (MULTI-FAMILY RESIDENTIAL)
REPORT SUMMARY
Our Lady of Perpetual Help (hereinafter OLPH) School is requesting the Planning Commission’s
approval of a Special Event Permit to allow them to conduct their annual carnival on the
school’s parking lot. After reviewing 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-17-00154), A REQUEST TO
PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE
CONSECUTIVE DAYS (OCTOBER 13, 14, AND 15, 2017), IN CONJUNCTION
WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY
LOCATED AT 10441 DOWNEY AVENUE, ZONED R-3 (MULTI-FAMILY
RESIDENTIAL)
BACKGROUND
OLPH School has operated its carnival annually since 1998. The intent of the carnival is to raise
money for capital improvement projects for the school. The subject site is a 4.17 acre,
rectangular-shaped lot that is located on the west side of Downey Avenue, north of Cherokee
Drive. The subject site is zoned R-3 (Multi-Family Residential) and is currently improved with the
OLPH school. Single-family and multiple-family residential land uses surround the school property.
On September 5, 2017, Theresa Voeltz, submitted a Special Event Permit application on behalf
of OLPH School, to obtain the Planning Commission’s approval of a Special Event Permit (PLN-
17-00154) to conduct a three-day carnival on the parking lot of the school. On September 18,
2017, staff completed the review of the application and deemed it complete.
PC Agenda Page 1
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 2
Site Photograph (from Downey Avenue)
On September 21, 2017, staff mailed notice of the pending public hearing to all property owners
within 500 feet of the subject site and the notice was also published in the Downey Patriot.
DISCUSSION
Carnival activities include mechanical rides, jumpers, kid rides, food sales, a beer garden, live
entertainment and games. The proposed carnival hours will be as follows:
• Friday, October 13, 2017, between the hours of 5:00 p.m. and 10:30 p.m.
• Saturday, October 14, 2017, between 12 noon and 11:00 p.m.
• Sunday, October 15, 2017, between 12 noon and 8:30 p.m.
Carnival activities include rides and jumpers, located on the west side of the school’s parking lot,
along La Reina Avenue. The applicant also proposes a stage for live entertainment, which will
consist of bands and a disk jockey. Located next to the playground equipment, the stage is facing
north where the game and food booths are sited and which is approximately 150 feet from
residential properties to the west.
Similar to the last year’s event, the applicant is proposing the sale of food and alcohol. The
applicant will obtain temporary permits from the California Department of Alcoholic Beverage
Control (ABC) for the sale of alcoholic beverages within the beer garden. Trash receptacles will
be placed throughout the site. Additionally, to ensure litter generated by the carnival does not
impact surrounding residences, school and parish members will walk around the premises to pick
up trash every two hours.
All sound and lighting equipment will be directed away from local residences and generators will
be placed away from property lines. The applicant will be using two (2) Downey Police officers
for carnival security. Removal of the carnival apparatus (rides and large equipment) will be on
Monday, October 16, 2017, the day following the conclusion of the event.
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PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 3
55 parking spaces will remain available north portion of the school and 34 parking spaces will
be available on the south portion of the school. In addition, the church’s other parking lot located
at the northwest corner of New Street and 6th Street will provide 61 spaces, giving them a total
of 150 parking spaces for patrons.
In a review of last year’s carnival, staff did not receive any complaints or issues of concern.
DEVELOPMENT REVIEW COMMITTEE
Due to the submittal date and Development Review Committee (DRC) schedule, this request
was not agendized for the DRC. However, the proposed event was presented to all
Development Review Committee (DRC) members for review and comment. The Police
Department requires that the applicant must provide licensed security guards on-site for the
duration of the event, including two (2) Downey Police Department Officers and a minimum of
four (4) security guards. Also, the Fire Department and Building and Safety Division noted 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.
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 the
CEQA. Class 4 exemptions include temporary uses of land, such as a carnival, that have no
permanent effects on the environment.
FINDINGS
Pursuant to the requirements of the Municipal Code, staff recommends that the Planning
Commission make the following findings to approve the request:
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.” Inasmuch as the
proposed carnival is a fundraising event for Our Lady of Perpetual Help School, the
event 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. That the proposed activity or use is consistent with other provisions of Article IX
of the Downey Municipal Code.
Our Lady of Perpetual Help School is located within the R-3 (Multiple-Family Residential)
zone, which allows religious organizations and private schools. Operation of a carnival
will not alter the use of the site or create a need to deviate from any section of the
Downey Municipal Code. Section 9420.20 of the Downey Municipal Code permits
special outdoor events in residential zones, including religious events subject to the
general requirements stated in that Code Section. The proposed event satisfies those
requirements.
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PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 4
C. That the proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
The temporary event will occur on the parking lot of the school property. The applicant
will maintain 150 parking spaces and the school will provide restroom facilities on the
premises to accommodate visitors. Also, conditions of approval are incorporated to
address any concerns related to the permitted hours of event, noise, security, require
trash receptacles, restroom, and site clean-up. Approving the special event, governed
by the attached conditions of approval, will not result in conditions contrary to the public
health, safety and general welfare.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained herein, and the previous years of the carnival operating without
incident, staff is concluding this event can be a benefit to the community. Furthermore, staff
concludes that all of the required findings can be made in a positive manner. Therefore, staff
recommends that the Planning Commission adopt a resolution approving the Special Event
Permit (PLN-17-00154), subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Site Plan
PC Agenda Page 4
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 5
Exhibit ‘A’
SUBJECT
PROPERTY
PC Agenda Page 5
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 6
SUBJECT
PROPERTY
Church
Parking
School
Parking
PC Agenda Page 6
RESOLUTION NO. 17-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN-17-00154), A REQUEST TO PERMIT
THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS
(OCTOBER 13, 14, AND 15, 2017), IN CONJUNCTION WITH THE OUR LADY OF
PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 DOWNEY
AVENUE, ZONED R-3 (MULTI-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. An application was filed by Theresa Voeltz (hereinafter "Applicant") requesting
approval of a Special Event Permit to allow the operation of an outdoor carnival,
on property at 10441 Downey Avenue (Our Lady of Perpetual Help Church),
Downey, California (hereinafter "Subject Site"), zoned R-3 (Multi-Family
Residential); and,
B. On September 18, 2017, the project was deemed complete; and,
C. On September 21, 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; and,
D. The Planning Commission held a duly noticed public hearing on October 4,
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). 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 the
CEQA. Class 4 exemptions include temporary uses of land, such as a carnival, that have no
permanent effects on the environment.
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 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 proposed carnival is a fundraising event for Our Lady of
Perpetual Help School, the event 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.
PC Agenda Page 7
Resolution No. 17-____
Downey Planning Commission
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 2
B. The proposed activity or use will be consistent with other provisions of this
article.
Our Lady of Perpetual Help School is located within the R-3 (Multiple-Family
Residential) zone, which allows religious organizations and private schools with a
Conditional Use Permit. Operation of a carnival will not alter the use of the site or
create a need to deviate from any section of the Downey Municipal Code. Section
9420.20 of the Downey Municipal Code permits special outdoor events in
residential zones, including religious events subject to the general requirements
stated in that Code Section. The proposed event satisfies those requirements.
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
The temporary event will occur on the parking lot of the school property. The
applicant will maintain 150 parking spaces and the school will provide restroom
facilities on the premises to accommodate visitors. Also, conditions of approval
are incorporated to address any concerns related to the permitted hours of event,
noise, security, require trash receptacles, restroom, and site clean-up. Approving
the special event, governed by the attached conditions of approval, will not result
in conditions contrary to the public health, safety and general welfare.
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 the Special Event
Permit (PLN-17-00154), subject to the Conditions of Approval attached hereto as Exhibit A,
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 4th day of October 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 4th day of October
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
_________________________
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 8
Resolution No. 17-____
Downey Planning Commission
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 3
PLN-17-00154 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) This approval of this Special Event Permit allows Our Lady of Perpetual Help School to
host a three-day carnival (October 13, 14, and 15, 2017) on the parking of the school,
which is located at 10441 Downey Avenue.
2) Carnival hours of operation shall be limited to:
• Friday, October 13, 2017, between the hours of 5:00 p.m. and 10:30 p.m.
• Saturday, October 14, 2017, between 12:00 p.m. and 11:00 p.m.
• Sunday, October 15, 2017, between 12 p.m. and 8:30 p.m.
3) 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.
4) The approved activities for the special event shall consist of mechanical rides, jumpers, a
beer garden, kid rides, food sales, live entertainment and games.
5) 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.
6) The owner/applicant shall provide trash receptacles on the subject site, including parking
lots. During the event, organized member(s) shall walk around the premises every two
(2) hours to remove trash on the subject site (including parking lots) and the adjacent
streets.
7) Set up of the carnival shall occur no sooner than Wednesday, October 11, 2017. Clean-
up and removal of the carnival, including all apparatus, shall be complete no later than
Monday, October 16, 2017. Permitted hours for set-up and clean-up operations are from
7:00 a.m. until 10:00 p.m.
8) 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.
9) Temporary lighting shall not illuminate off-site.
PC Agenda Page 9
Resolution No. 17-____
Downey Planning Commission
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 4
10) Any necessary Health Department approvals required for the sale of food at the carnival
shall be obtained on or before Monday, October 9, 2017.
11) The alcohol area (beer and wine) shall be contained within a “beer garden” area where
patrons may consume alcohol. The applicant shall obtain a permit from the Department of
Alcohol Beverage Control for the sale of alcoholic beverages on or before Monday,
October 9, 2017.
12) All speakers for amplified sound shall be placed to minimize impacts on the nearby
residences to the east and west of the subject site.
13) Hand held signs shall not be utilized on public or private property to advertise the event.
BUILDING AND SAFETY
14) 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, October
9, 2017.
15) Handicap parking stalls in the parking area must remain accessible for all uses.
PUBLIC WORKS
16) Parking areas shall be swept clean after the event; there shall be no hosing down of the
parking area.
17) The Applicant shall ensure that event equipment (including temporary signage) does not
block public sidewalks.
18) The owner/Applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act and Ordinance 1142 of
the Downey Municipal Code.
19) Closure of public streets shall not be permitted at any time.
20) The owner/Applicant shall provide sufficient restroom facilities for patrons.
21) The Applicant shall provide adequate signage on the subject property to direct carnival
guests to restrooms on the event site.
FIRE DEPARTMENT
22) 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].
23) 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)].
PC Agenda Page 10
Resolution No. 17-____
Downey Planning Commission
PLN 17-00154 – 10441 Downey Ave
October 4, 2017 - Page 5
24) 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].
25) 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.
26) An SFM-tagged 4A-20BC rated fire extinguisher shall be provide at the generator as per
NFPA 10 and CA Fire Code §906.
27) Generators shall not be refueled hot.
28) 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].
29) 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.
30) 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].
31) 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].
32) 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.
33) Each amusement ride shall display the required State registration (identification and
rating plate).
34) 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 DEPARTMENT
35) The owner/applicant must provide licensed security guards on-site for the duration of the
event, including two (2) Downey Police Department Officers and a minimum of four (4)
security guards.
36) Prior to the start of the event, the Applicant shall obtain Downey Police Department
approval of a security plan for the carnival and provide a map of the security locations.
The security plan and map shall be submitted to the Downey Police Department no later
than October 9, 2017.
37) 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.
PC Agenda Page 11
CITY OF DOWNEY PLANNING DIVISION
NORTH
EXHIBIT ‘C’
PROJECT No.
PROJECT LOCATION
SITE PLAN
PLN-17-00154 (SPECIAL EVENT)
10441 DOWNEY AVE
Do
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A
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55 spaces
North Parking
Lot
La
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a
A
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34 spaces
South Parking Lot
PC Agenda Page 12