HomeMy WebLinkAboutPC Reso 18-3067RESOLUTION NO. 18-3067
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SPECIAL EVENT PERMIT (PLN -18-00136) AND
THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL
ON SEPTEMBER 21-23,2018, WITHIN THE WARREN HIGH SCHOOL
PARKING LOT, 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 20, 2018, Samantha Miyahara, on behalf of Warren High School,
(hereinafter referred to as "the Applicant"), submitted a Special Event Permit
Application (PLN -18-00136) 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 4, 2018, staff deemed the application complete; and
C. On September 6, 2018, 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 19,
2018, 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. 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.
Resolution No. 18-3067
Downey Planning Commission
B. The proposed activity or use will be consistent with other provisions of this article.
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.
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare. The special event
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, several conditions of approval have been included to ensure the
event does not impact 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 -18-00136), 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 19th day of September 2018.
Patrick Owens, 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 tate 19th day of
September 2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Flores, Duarte, Frometa,
None
None
Dominguez and Owens
None
Mary Criagh, Secreta
City F a ning Commission
Special Event Permit (PLN -18-00138) — 8141 De Palma Street
September 19, 2018 - Page 2
Resolution No. 18-3067
Downey Planning Commission
SPECIAL EVENT PERMIT - PLN -18-00136
CONDITIONS OF APPROVAL
PLANNING
This approval of Special Event Permit (PLN -18-00136) 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 21, 2018, 5:00 p.m. and 11:00 p.m.
Saturday, September 22, 2018, 1:00 p.m. and 11:00 p.m.
Sunday, September 23, 2018, 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. Prior to the issuance of building permits or Fire Department permits, the applicant and
the property owner shall sign an affidavit of Acceptance of Conditions, as provided by
the City of Downey, by September 20, 2018, by 12:00 pm.
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. Set-up shall begin no sooner than 4:00 p.m. on Thursday, September 20, 2018,
7. The carnival operator shall provide trash receptacles throughout 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.
8. 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.
9. The Applicant shall provide a sweeper truck, which cleans the parking lots upon closure
of the event on Sunday night.
10. All carnival activities shall cease by 10:00 p.m. on Sunday, September 23, 2018.
11. Clean-up activities, which include the removal of all tables and chairs, booths, trash
receptacles, porta-potties, the generator, electrical equipment, mechanical rides, and
garbage shall cease by 12:00 a.m. on Monday, September 24, 2018, and resume no
Special Event Permit (PLN -18-00136) — 8141 De Palma Street
September 19, 2018 - Page 3
Resolution No. 18-3067
Downey Planning Commission
earlier than 6:00 a.m. and be completed no later than 12:00 p.m. on Monday, September
24, 2018.
12. 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.
13. The Special Event area shall be cordoned off from vehicle traffic.
14. All necessary lighting shall be directed away from any residential uses nearby.
15. 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.
16. The sale and consumption of alcoholic beverages shall be prohibited.
17. The Applicant shall ensure that patrons or event equipment (including temporary
signage) does not block public sidewalks.
18. Hand held signs shall not be utilized on public or private property to advertise the event.
19. 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
20. The applicant shall apply for building permits no later than Thursday, September 20,
2018. All inspections to be completed prior to the start of the event
21. All construction shall comply with the most recent adopted City and State building codes:
• 2016 California Building Code
• 2016 California Electrical Code
• 2016 California Mechanical Code
• 2016 California Plumbing Code
• 2016 California Fire Code
• 2016 California Green Code
Special Event Permit (PLN -18-00136) — 8141 De Palma Street
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Resolution No. 18-3067
Downey Planning Commission
22. 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(s)
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).
23. Temporary structures or facility shall meet the requirements of Chapter 11 B of the
California Building Code. The 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.
FIRE DEPARTMENT
24. The applicant shall obtain a Special Event Permit from Fire Prevention Bureau, City of
Downey Fire Department prior to the commencement of the carnival.
25. 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, Sept.
20th. [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].
26. Fire apparatus access (e.g. fire lane) shall be maintained accessible at all times. Fire
access lane width to the Ferris Wheel shall be provided with a 26 ft. fire lane as to
accommodate aerial ladder truck access and set-up [CA Fire Code §503.2.1; D105.2]
27. 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].
28. 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)]
29. 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]
30. 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.
31. SFM-tagged 4A-20BC rated extinguisher shall be provided at the generator as per NFPA
10 and CA Fire Code §906.
32. 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]
Special Event Permit (PLN -18-00136) — 8141 De Palma Street
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Resolution No. 18-3067
Downey Planning Commission
33. 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 complete.
34. The applicant shall maintain occupant load in all structures, buildings, tents, canopies as
per California Fire Code, occupant load signs, where required, shall be conspicuously
posted [CA Fire Code § 3104.14; §1004.3].
35. 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].
36. 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.
37. Each amusement ride shall display the required State registration (identification & rating
plate). At time of special event application, submit list of rides with their corresponding
current annual permit to operate.
POLICE
38. 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 10:00 p.m.
39. 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.
40. 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
41. The carnival operator/applicant shall obtain all necessary plan approvals and permits
prior to the commencement of the carnival.
42. All parking areas shall be swept clean after the event; there shall be no hosing down of
the parking areas.
43. 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
Special Event Permit (PLN -18-00136) — 8141 De Palma Street
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Resolution No. 18-3067
Downey Planning Commission
Stormwater Permit (GCASP) of the State Water Resources Control Board; and
Ordinance 1142 of the Downey Municipal Code (DMC).
44. Closure of public streets shall not be permitted at any time.
45. The owner/Applicant shall provide sufficient restroom facilities for patrons.
46. The Applicant shall provide adequate signage on the subject property to direct carnival
guests to restrooms on the Warren High School site.
47. The parking area designated for the disabled must remain accessible at all times.
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