HomeMy WebLinkAboutPC Reso 18-3049RESOLUTION NO. 18-3049
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SPECIAL EVENT PERMIT (PLN -18-00035) - A
REQUEST BY DOWNEY HIGH SCHOOL FOOTBALL BOOSTER CLUB TO
CONDUCT A THREE DAY CARNIVAL FROM APRIL 20 TO 22, 2018, ON THE
SPORTS FIELD OF COLUMBUS HIGH SCHOOL LOCATED AT 12330
WOODRUFF AVENUE, AND ZONED R-1, 5,000 (SINGLE-FAMILY
RESIDENTIAL) AND C-2 (GENERAL COMMERCIAL)
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 March 22, 2018, Cindy Flores submitted a Land Use Permit Application (PLN -
18 -00035) on behalf of the Downey High School Football Boosters, to request the
Planning Commission's approval of a special event permit for a carnival at
Columbus High School, located at 12330 Woodruff Avenue (hereinafter "Subject
Property"); and,
B. The proposed carnival will occur over a three-day period: April 20, 21, and 22,
2018; and,
C. On April 5, 2018, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and it was published in the Downey Patriot;
and,
D. The Planning Commission held a duly noticed public hearing on April 18, 2018, and
after fully considering all oral and written testimony and facts and opinions offered
at aforesaid public hearing, adopted this Resolution, subject to conditions of
approval (Exhibit A).
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. 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 project's
fundraising efforts help achieve various long term goals. Specifically, the following
policies are promoted by the Special Event Permit: Program 7.4.1.4 — Support
efforts to raise funds for local school districts and other groups involved with
providing educational facilities for residents. Program 1.1.5.3 — Promote recreation
and entertainment uses that serve needs of the public.
B. That the proposed activity or use is consistent with other provisions of Article IX of
the Downey Municipal Code. The temporary operation of a carnival is a permitted
use upon the granting of a Special Event Permit in accordance with Downey
Municipal Code Section 9420. Furthermore, the project directly complies, or has
Resolution No. 18-3049
Downey Planning Commission
been conditioned to comply, with all relevant provisions within Article XI of the
Downey Municipal Code. These provisions include, but are not limited to, review
process, site restoration, parking, circulation, and maximum length of event.
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 nature of
the event, and experience from previous events, proves that no lasting effects will
occur to the public health, safety, and general welfare of the community. In addition,
all conditions of approval have been incorporated in an effort to mitigate potential
nuisances. The length of the event, hours of operation, clean up and restoration,
layout, and location of mechanical equipment have been selectively chosen to
reduce burdens placed upon neighboring properties. Lastly, security personnel will
be on site at all times.
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
(PLN -18-00035), subject to 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.
PASSED, APPROVED AND ADOPTED this 18th day of April 2018.
Steven Dofningu*, VicO Chairman
City Pla6ning mmission
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 18th day of April
2018, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Duarte and Dominguez
ABSENT: COMMISSIONERS: Frometa and Owens
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
t� r
Mary Cav' nagh, Secretary
City Plarihing Commission
PLN -18-00035 (Special Event Permit) — 12330 Woodruff Avenue
April 18, 2018 - Page 2
Resolution No. 18-3049
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
SPECIAL EVENT PERMIT (PLN -18-00035)
PLANNING
This approval of Special Event Permit (PLN -18-00035) allows the applicant to host a three-
day carnival on the sports field of Columbus High School, which consists of food booths,
game booths, a fun house, and large mechanical rides located at 12330 Woodruff Avenue.
The hours for the carnival are as follows:
• Friday, April 20, 2018: 3:00 p.m. to 11:00 P.M.
• Saturday, April 21, 2018: 12:00 p.m. to 11:00 P.M.
• Sunday, April 22, 2018: 12:00 p.m. to 10:00 p.m.
2. Approval of this Special Event Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any f=ederal, State, County, and City laws
and regulations. Unless otherwise expressly specified, all other requirements of the City of
Downey Municipal Code shall apply.
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 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. The 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. Site configuration and operations must remain in substantial conformance with the
approved set of plans. Modifications to the approved set of plans must be approved by the
City Planner.
6. All outdoor activities for the carnival shall cease by 10:00 p.m. on Sunday April 22, 2018.
7. No amplified music or live entertainment will be permitted during the three-day event.
8. No activities, including maintenance of equipment and clean-up of the site, shall be
performed past midnight of each day of the event.
9. Complete restoration of the site, which includes 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 11:59pm on Sunday, April 22, 2017.
PLN -18-00035 (Special Event Permit) — 12330 Woodruff Avenue
April 18, 2018 - Page 3
Resolution No. 18-3049
Downey Planning Commission
10. All necessary lighting shall be directed away from nearby residential uses.
11. All speakers associated with rides and games must be positioned to direct noise away
away from nearby residential uses.
12. Any necessary Health Department approvals required for the sale of food shall be obtained
no later than April 19, 2018. Appropriate documentation reflecting approval must be
submitted to the City Planner by the same day.
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 no later than April 19, 2018.
Appropriate documentation reflecting approval must be submitted to the City Planner by
the same day.
14. The sale and consumption of alcoholic beverages shall be prohibited at all times.
15. Signs advertising the event are not allowed outside of the proximity of the subject property.
In addition, hand held signs shall not be utilized on public or private property to advertise
the event.
FIRE
16. Obtain a special event permit from City of Downey Fire Department. Permit shall be
obtained through the Fire Prevention Bureau no later than five (5) business days prior to
event — special event permit application shall be submitted no later than Monday, April 16tH
2018.
17. Event set-up including all rides, booths, generator, tents, fire protection, electrical, etc. shall
be complete, in place, and ready for inspection by noon (12pm) on Friday, April 20th. Both
carnival ride operator and event permit holder (Downey HS Football Boosters) shall be
present and available for the fire inspection [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].
18. With permit application, submit a detailed plot plan/map as to clearly indicate type of rides,
generator location, tents, fire lane width, cooking booths, type of cooking (e.g. BBQ, frying,
etc.), beer garden, stage, etc. The plot plan/site map and accompanying event
descriptions shall contain sufficient detail of the event as to allow for proper fire review.
19. Each amusement ride shall display the required State registration (identification & rating
plate). At time of permit application, submit list of rides with their corresponding current
annual permit to operate.
20. 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 the
CA Labor Code.
21. Crowd managers shall be required for an event involving the gathering of more than 1,000
persons. Please provide information as to anticipated crowd size. Crowd managers shall
be established at ratio of one crowd manager for every 250 persons and their duties to
include: conduct inspections to identify fire hazards, verify permit compliance, direct and
PLN -18-00035 (Special Event Permit) — 12330 Woodruff Avenue
April 18, 2018 - Page 4
Resolution No. 18-3049
Downey Planning Commission
assist event attendees in evacuation during an emergency, assist emergency response
personnel where requested [CA Fire Code §403.12.3; 403.12.3.1; 403.12.3.3]
22. If the event shall require a crowd manager(s), then an IAP (Incident Action Plan) or
Emergency Action Plan (EAP) shall be required for emergency planning purposes.
23. Fire apparatus access (e.g. fire lane) of 20 -feet shall be maintained accessible at all times.
A 26 ft. fire access lane shall be provided to any elevated ride(s) (e.g. Ferris Wheel) as to
accommodate an aerial ladder truck [CA Fire Cade §503.2.1; D105.2]
24. 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 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].
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. Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices,
combustion engines, and buildings [CA Fire Code § 3104.71
27. Generators shall not be located within 10 feet of lot (property line) and 20 feet of
tents/membrane structures [CA Fire Code § 3104.19]. An approved barrier (e.g. fencing)
shall be provided around generator.
28. State Fire Marshal (SFM) "tagged" 4A-20BC rated extinguisher shall be provide at the
generator as per NFPA 10 and CA Fire Code §906
29. No cooking shall be conducted inside tents or canopies; cooking and heating equipment
shall not be located within 10 feet of combustible materials [CA Fire Code § 3104.15.3]
30. 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. All extinguishers shall be in good repair,
serviced, and with CA SFM-tag affixed indicating required annual service is complete.
31. All electrical cords shall be UL -listed and rated for heavy-duty, outdoor use and protected
from physical damaged by cable bridges or other approved methods [CA Fire Code §
605.5].
POLICE
32. The applicant must provide licensed security guards on-site during the duration of the
event, including two (2) Downey Police Department Officers and six (6) security guards.
Police Officers must be contracted to be on-site for all hours of operation.
33. The applicant shall obtain Downey Police Department approval of a security plan for the
carnival and provide a map of the security locations no later than April 19, 2018.
PLN -18-00035 (Special Event Permit) — 12330 Woodruff Avenue
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Resolution No. 18-3049
Downey Planning Commission
34. 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.
PUBLIC WORKS/ENGINEERING
35. The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event. Receptacles shall also be located in the parking lots. During the
event, organization member(s) shall walk around the premises to remove trash on the
subject site (including parking lots), the adjacent sidewalks.
36. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
37. The applicant shall ensure that patrons or event equipment (including temporary signage)
does not block public sidewalks.
38. The 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).
BUILDING
39. All existing handicap stalls must remain accessible for all uses.
40. The applicant shall provide sufficient restroom facilities for patrons during the three-day
event.
41. The applicant shall obtain all required electrical permits from the Downey Building and
Safety Department No later than Thursday, April 19, 2018.
42. Downey Building inspectors shall inspect all carnival rides and attractions by 12:00 noon
on Friday, April 20, 2018.
43. Temporary structures that cover an area greater than 120 square feet and used for the
gathering of 10 or more persons require permits. The construction documents shall include
a site plan indicating the location of the temporary structure and information delineating the
means of egress and the occupant load. The temporary structure shall be located in
accordance with the requirements of California Building Code Table 602 based on the fire -
resistance rating of the exterior walls proposed type of construction (10 feet minimum from
property line based on Type VB).
44. Temporary structures or facility shall meet the requirements of Chapter 11 B of the
California Building Code. Site plan shall include a site accessibility plan identifying exterior
routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb
ramps, handrails, signage and truncated domes. Path of travel shall be provided from the
public right of way and accessible parking to building or facility. The design professional
shall ensure that the site accessibility plan is compliance with the latest Federal and State
regulations.
PLN -18-00035 (Special Event Permit) — 12330 Woodruff Avenue
April 18, 2018 - Page 6
Resolution No. 18-3049
Downey Planning Commission
45. All construction shall comply with the most recent adopted City and State building codes:
2016 California Building Code
2016 California Residential Code
2016 California Electrical Code
2016 California Mechanical Code
• 2016 California Plumbing Code
• 2016 California Fire Code
« 2016 California Green Code
PLN -18-00035 (Special Event Permit) — 12330 Woodruff Avenue
April 18, 2018 - Page 7