HomeMy WebLinkAboutPC Reso 19-3084RESOLUTION NO. 19-3084
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A SPECIAL EVENT PERMIT (PLN -19-00033) - A REQUEST BY
CALVARY CHAPEL OF DOWNEY TO CONDUCT A ONE DAY CARNIVAL ON
MARCH 23, 2019, ON THE CHURCH PARKING LOT LOCATED AT 12808
WOODRUFF AVENUE, AND ZONED 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. An application was filed by Phil Moreno (hereinafter "Applicant"), on behalf of
Calvary Chapel of Downey, requesting approval of a Special Event Permit to
allow the operation of a one -day carnival on a portion of the church's parking lot,
located at 12808 Woodruff Avenue (hereinafter "Subject Property"), zoned
C-2 (General Commercial); and,
B. On March 4, 2019, the project was deemed complete; and,
C. On March 7, 2019, 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 March 20, 2019,
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 project
is consistent with all applicable goals and policies specified in the City's General
Plan. Furthermore, the project aims to provide a temporary recreational use for
the church's patrons and the larger community. The following policy is promoted
by the proposed Special Event Permit:
Policy 1.1.5.3 — Promote recreation and entertainment uses that serve needs of
the public.
The event is open to the public and provides activities for the community's
enjoyment. These recreational activities include game booths, live entertainment,
a train ride and bounce houses. Therefore, allowing the proposed activity will be
consistent with the aforementioned General Plan policy.
B. The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. The temporary operation of a festival is a permitted use
upon the granting of a Special Event Permit in accordance with Downey
Resolution No. 19-3084
Downey Planning Commission
Municipal Code Section 9420. Furthermore, the project directly complies, or has
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. 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 for the duration of the event.
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 this Special Event
Permit (PLN -19-00033), 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 201h day of March, 2019.
Miguel D ante, Vice Chair
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 March,
2019 by the following vote, to wit:
AYES:
COMMISSIONERS:
Frometa, Spathopoulos and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Owens and Dominguez
ABSTAIN:
COMMISSIONERS:
None
PLN -19-00033 — 12808 Woodruff Ave
March 20, 2019 - Page 2
Resolution No. 19-3084
Downey Planning Commission
CONDITIONS OF APPROVAL
SPECIAL EVENT PERMIT (PLN -19-00033)
PLANNING
The approval of this Special Event Permit (PLN -19-00033) allows Calvary Chapel of
Downey to host a one -day festival (March 23, 2019 from 2:00 p.m. to 6:00 p.m.) on the
church parking lot, on property located at 12808 Woodruff Avenue. Approved activities
include: various carnival game booths, food booths, kid rides, jumpers, a train ride and live
entertainment, 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. 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. Prior to March 21, 2019 the applicant and the property owner shall sign an affidavit of
Acceptance of Conditions, as provided by the City of Downey.
5. 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.
6. The site must be in full conformance with the approved set of plans, including but not
limited to the location of generators, rides, booths, and stage.
7. Setup for the event shall occur no earlier than 8:00 a.m. on Friday, March 22, 2019. Site
cleaning activities shall not take place past midnight on Saturday, March 23, 2019.
8. 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 midnight the day of the event
9. The Applicant shall provide sufficient trash and recycling receptacles on-site for the
disposal of food and debris.
PLN -19-00033 — 12808 Woodruff Ave.
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Resolution No. 19-3084
Downey Planning Commission
10. All speakers for amplified noise not generated by the stage shall be directed away from
adjacent residential areas.
11. The festival area shall be cordoned off from vehicle traffic.
12. The sale of alcoholic beverages on the subject property is prohibited at all times.
13. 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
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 Thursday, March 21,
2019.
FIRE
15. Obtain a special event permit from City of Downey Fire Department. Permit shall be
obtained through the Fire Prevention Bureau no later than March 21, 2019. A detailed plot
plan of event shall be submitted with detail on the location of rides, booths, tents,
generator, and fire access (fire lane).
16. Additional information about the event is required as to use of any tent(s) and/or
membrane structures, generators, cooking operation, etc. There are additional fire code
requirements and fire protection measures required for increased hazards (e.g. cooking,
use of fuel -fired generators, etc.).
17. Event set-up including all rides, booths, generator, tents, fire protection, electrical, etc.
shall be complete, in place, and ready for inspection by 12:00pm on Saturday, March, 23rd
[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. Fire apparatus access (e.g. fire lane) shall be maintained accessible at all times. Fire
access lane width shall be no less than 20 feet and 26 feet to any elevated rides (e.g. rock
climbing wall) and/or campus buildings that exceed 30 feet in height [CA Fire Code
§503.2.1; D105.2].
19. 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].
20. 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)].
PLN -19-00033 — 12808 Woodruff Ave.
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Resolution No. 19-3084
Downey Planning Commission
21. Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices,
combustion engines, and buildings. Ministry food booths may not be located as to obstruct
egress from the Chapel Building [CA Fire Code § 3104.7].
22. 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.
23. SFM-tagged 4A-20BC rated extinguisher shall be provide at the generator as per NFPA 10
and CA Fire Code §906.
24. No cooking shall be conducted inside tents or canopies; cooking and heating equipment
shall not be located within 10 feet of combustible materials. Ministry food booths may not
conduct cooking operations next to the Chapel building [CA Fire Code § 3104.15.3].
25. 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.
26. 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].
27. 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].
28. Mechanical amusement rides shall be permitted with State of California DIR-DOSH. All
mechanical amusement rides shall comply with the requirements of CCR Title 8 — General
Safety Orders and CA Labor Code.
29. Each mechanical 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
30. The owner/applicant must provide a minimum of ten (10) security guards on-site during the
duration of the event.
31. 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.
PUBLIC WORKSIENGINEERING
32. The owner/applicant shall obtain all necessary plan approvals and permits.
PLN -19-00033 — 12808 Woodruff Ave.
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Resolution No. 19-3084
Downey Planning Commission
33. The facility must provide adequate trash receptacles (refuse/recycle) for the event.
34. 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 (DMC).
35. Parking lot maintenance by water hosing method shall be prohibited at all times.
36. Closure of public streets for parking purposes shall not be permitted at any time.
37. Handicap stalls within the designated parking area must remain handicap accessible.
38. The owner/applicant shall provide sufficient restroom facilities for patrons.
END OF CONDITIONS
PLN -19-00033 — 12808 Woodruff Ave.
March 20, 2019 - Page 6