HomeMy WebLinkAboutPC Resolution 17-3037RESOLUTION NO. 17-3037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -17-00165 (SPECIAL EVENT PERMIT) - A REQUEST
TO CONDUCT THE ANNUAL ONE -DAY "HARVEST FESTIVAL" ON THE
PARKING LOT OF DESERT REIGN ASSEMBLY OF GOD CHURCH, LOCATED
AT 11610 LAKEWOOD BOULEVARD, ZONED C -P (PROFESSIONAL OFFICE).
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 Larry Salazar (hereinafter "Applicant"), on behalf of
Desert Reign Assembly of God Church, requesting approval of a Special Event
Permit to allow the operation of a one -day "Harvest Festival" on the church
parking lot, located at 11610 Lakewood Boulevard (hereinafter "Subject
Property"), zoned C -P (Professional Office); and,
B. On October 3, 2017, the project was deemed complete; and,
C. On October 5, 2017, notice of the pending public hearing was sent to all Downey
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 October 18,
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 proposed activity or use will be consistent with the objectives, policies,
and general land uses and programs specified in the City's General Plan.
It is a request to hold a one -day festival on Tuesday October 31, 2017 from 5:30
p.m. to 8:30 p.m. This is consistent with General Plan Program No. 1.1.5.3 which
states that the City shall "promote recreation and entertainment uses that serve
needs of the public." The proposed event is a fundraising event to benefit Desert
Reign Assembly of God Church. The event is open to the public and allows the
community to get together to assist in generating funds for the church. Therefore,
allowing the proposed activity will be consistent with the aforementioned General
Plan program.
B. The proposed activity or use is consistent with other provisions of Article IX
of the Downey Municipal Code.
The proposed one -day event is located on the parking lot of Desert Reign
Assembly of God Church, where special events such as outdoor events and
festivals are permitted subject to the provisions of Section 9420 of the Downey
Municipal Code. Parking needs for the church will not be affected by the
proposed event since it will occur at 5:30 p.m. after the church's worship service
Resolution No. 17-3037
Downey Planning Commission
hours. The remaining 45 parking spaces on the south side of the site, adjacent to
the DaVita Dialysis Center, will be available to visitors after 7:00 p.m. As an
alternative, visitors will be using the 114 off-site parking spaces at various
locations in the vicinity. As proposed on the site plan, activities of the event will
not encroach into the public right-of-ways and pedestrian pathways. Conditions
of approval to mitigate noise and other potential impacts are incorporated.
Therefore, the special event is consistent with the other provisions of the Code.
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 church property. The
applicant will maintain 45 parking spaces on the south side of the site for visitors
after 7:00 p.m. and the church will provide restroom facilities on the premises to
accommodate visitors. An additional 114 off-site parking spaces will be provided
during the three-hour event. 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 PLN -17-00165
(Special Event Permit), subject to the 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 18th day of October 2017.
Jim Kodriguez, ChairMan
City Planning Commission
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 18th day of October
2017, by the following vote, to wit:
AYES:
COMMISSIONERS:
Rodriguez, Owens, Flores and Dominguez
ABSENT:
COMMISSIONERS:
Duarte
ABSTAIN:
COMMISSIONERS:
None
NOES:
COMMISSIONERS:
None
Mary Ca anagh, Secreta;
City Planning Commission
PLN -17-00165 —11610 Lakewood Blvd
October 18, 2017 - Page 2
Resolution No. 17-3037
Downey Planning Commission
SPECIAL EVENT PERMIT (PLN -17-00165)
CONDITIONS OF APPROVAL
PLANNING
The approval of this Special Event Permit allows Desert Reign Assembly of God Church to
host a one -day festival (October 31, 2017, from 5:30 p.m. to 8:30 p.m.) on the church
parking lot, on property located at 11610 Lakewood Blvd. Approved activities include:
various carnival game booths, kid rides, petting zoo, jumpers, and disc jockey, all taking
place within the north parking lot of the church's property.
2. 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.
3. Setup for the event shall occur no earlier than 8:00 a.m. on Tuesday, October 31, 2017.
Site cleaning activities shall not take place past 11:00 p.m. on Tuesday, October 31, 2017.
4. Portable light generators may be brought to the property the day before the event.
5. The Applicant shall provide sufficient trash and recycling receptacles on-site for the
disposal of food and debris.
6. All speakers for amplified noise shall be directed away from adjacent residential areas.
7. The festival area shall be cordoned off from vehicle traffic, including the on-site parking
area.
8. 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.
9. The Applicant shall have volunteers patrol the parking areas and the site perimeter to pick-
up trash and litter during all hours of the event. In addition, the applicant shall be
responsible to clean up and remove all trash on the public streets surrounding the property,
no later than 11:00 p.m. the day of the event.
10. The sale of alcoholic beverages on the subject property is prohibited at all times.
PLN -17-00165 — 11610 Lakewood Blvd
October 18, 2017 - Page 3
Resolution No. 17-3037
Downey Planning Commission
11. 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.
12. 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.
BUILDING & SAFETY
13. 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 Tuesday, October
24, 2017.
FIRE
14. The applicant shall obtain the Fire Department's approval for the use of any tents on or
before Tuesday, October 24, 2017.
15. All tents, extinguishers and electrical work must in place by 12:00 p.m. on Tuesday
October 31, 2017 to enable an inspection by the Fire Department and the Building and
Safety Division.
16. 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].
17. 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)].
18. 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].
19. 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.
20. An SFM-tagged 4A-20BC rated fire extinguisher shall be provide at the generator as per
NFPA 10 and CA Fire Code §906.
21. No cooking shall be conducted inside tents or canopies. In addition, any heating equipment
shall not be located within 10 feet of combustible materials [CA Fire Code §3104.15.3].
22. The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. All extinguishers shall be in good repair, serviced, and with CA SFM-
tag affixed indicating required annual service complete.
23. Outdoor generators shall not be refueled hot.
PLN -17-00165 — 11610 Lakewood Blvd
October 18, 2017 - Page 4
Resolution No. 17-3037
Downey Planning Commission
24. 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].
25. 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]-
26. 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.
27. Each amusement ride shall display the required State registration (identification and rating
plate).
28. 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
29. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event.
BLIC WORKS/ENGINEERING
30. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
31. 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 and Ordinance 1142 of the Downey
Municipal Code.
32. Closure of public streets for parking purposes shall not be permitted at any time.
33. Handicap stalls in the south parking area must remain handicap accessible.
34. The owner/applicant shall provide sufficient restroom facilities for patrons.
HACommunity Development\Nguyen\CASES\Special Event (PC)\2017\11610 Lakewood (Desert Reign Church)\17-00165 reso.doc
PLN -17-00165 — 11610 Lakewood Blvd
October 16, 2017 - Page 5