HomeMy WebLinkAboutPC Resolution 17-3033RESOLUTION NO. 17-3033
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
Resolution No. 17-3033
Downey Planning Commission
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.
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 201h day of September 2017.
-✓ 1)
Jim Rodriguez, Char 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 20th day of
September 2017, by the following vote, to wit:
AYES: Rodriguez, Owens, Flores, Dominguez and Duarte
NOES: None
ABSENT: None
ABSTAIN: None
Mary Cav nagh, Secretary
City Plan ing Commission
Special Event Permit (PLN -17-00148) — 8141 De Palma Street
September 20, 2017 - Page 2
Resolution No. 17-3033
Downey Planning Commission
SPECIAL EVENT PERMIT - PLN -17-00148
CONDITIONS OF APPROVAL
PLANNING
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.
Special Event Permit (PLN -17-00148) — 8141 De Palma Street
September 20, 2017 - Page 3
Resolution No. 17-3033
Downey Planning Commission
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.
Special Event Permit (PLN -17-00148) — 8141 De Palma Street
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Resolution No. 17-3033
Downey Planning Commission
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).
Special Event Permit (PLN -17-00148) — 8141 De Palma Street
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Resolution No. 17-3033
Downey Planning Commission
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 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 during non -peak hours 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.
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