HomeMy WebLinkAboutPC Reso 19-3088RESOLUTION NO. 19-3088
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN -19-00039), A REQUEST TO
PERMIT THE OPERATION OF A CARNIVAL FOR FOUR CONSECUTIVE DAYS
(MAY 24, 25, 26 AND 27, 2019), IN CONJUNCTION WITH THE DOWNEY HIGH
SCHOOL FOOTBALL BOOSTER CLUB, ON PROPERTY LOCATED AT 11040
BROOKSHIRE AVENUE, ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3
(MULTI -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. An application was filed by Mary Laurer and Ismael Chavez (hereinafter
"Applicant") on March 7, 2019, requesting approval of a Special Event Permit to
allow the operation of an outdoor carnival, on property at 11040 Brookshire
Avenue (Downey High School) Downey, California (hereinafter "Subject Site"),
zoned R-2 (Two-family residential) and R-3 (Multi -Family Residential); due to
missing information, the application was deemed incomplete and,
B. On April 1, 2019, the application was re -submitted, and the project was deemed
complete on April 8, 2019; and,
C. On April 18, 2019, notice of the pending public hearing was sent to all Downey
property owners within 500 feet 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 May 1, 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). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of CEQA.
Class 4 exemptions include temporary uses, such as a carnival, that will have no permanent
effect on the environment.
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 is 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 objectives, policies, and programs specified in the
City's General Plan. In addition, 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
Resolution No. 19-3088
Downey Planning Commission
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. In as much as the proposed carnival is a fundraising
event for Downey High School Football Program, the event 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 proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. Downey High School is located within the R-2 (Two -
Family Residential) and R-3 (Multiple -Family Residential) zone, which allows
religious organizations and private schools. Operation of a carnival will not alter
the use of the site or create a need to deviate from any section of the Downey
Municipal Code. Section 9420.20 of the Downey Municipal Code permits special
outdoor events in residential zones, subject to the general requirements stated in
that Code Section. The proposed event satisfies those requirements.
C. The proposed activity or use does not result in conditions or circumstances
contrary to the public health, safety, and general welfare. The temporary event
will occur on the south parking lot of the school property. The applicant will
maintain 200 parking spaces at the north parking lot and 150 parking spaces at
the baseball field, with a total of 14 accessible parking spaces. The school will
provide restroom facilities on the east and west corner of the proposed area for
the event to accommodate visitors. Also, conditions of approval are incorporated
to address any concerns related to the permitted hours of event, parking, noise,
security, trash receptacle requirements, 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 the Special Event
Permit (PLN -19-00039), subject to the Conditions of Approval attached hereto as Exhibit B,
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.
PLN 19-00039 — 11040 Brookshire Ave
May 1, 2019 - Page 2
Resolution No. 19-3088
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1s` day of May, 2019..
Miguel DVarte, 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 1s' day of May,
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dominguez and Spathopoulos
ABSTAIN:
COMMISSIONERS:
None
Mary C a agh, Secretary
City P n�g Commission
PLN 19-00039 — 11040 Brookshire Ave
May 1, 2019 - Page 3
Resolution No. 19-3088
Downey Planning Commission
PLN -19-00039 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
This approval of this Special Event Permit allows Downey High School Football Booster
Club to host a four-day carnival (May 24, 25, 26, and 27, 2019) on the southern parking
lot of Downey High School, which consists of food booths, game booths, a fun house, a
super slide, large mechanical rides and small rides located at 11040 Brookshire Avenue.
2. Carnival hours of operation shall be limited to.
• Friday, May 24, 2019, from 5:00 p.m. to 11:00 p.m.
• Saturday, May 25, 2019, from 1:00 p.m. to 11:00 p.m.
• Sunday, May 26, 2019, from 1:00 p.m. to 11:00 p.m.
Monday, May 27, 2019, from 1:00 p.m. to 10:00 p.m.
3. 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.
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. 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.
6. The approved activities for the special event shall consist of food booths, game booths,
a Ferris wheel, a fun house, a super slide, large mechanical rides and small rides.
7. Marbel Avenue shall be closed to vehicles during all carnival hours for any non-resident
of that street. As well as, one (1) of the three (3) required Police Officers shall monitor
this street during all carnival hours.
8. Complete restoration of the site, which includes removal of all tables and chairs, booths,
trash receptacles, portable restrooms, electrical equipment, mechanical rides, and
garbage on site and the surrounding proximity of the high school shall be completed no
later than 11:59 p.m. on Tuesday, May 28, 2019.
PLN 19-00039 — 11040 Brookshire Ave
May 1, 2019 - Page 4
Resolution No. 19-3088
Downey Planning Commission
9. All public sidewalks immediately surrounding the carnival site must be monitored and
removed of litter throughout the event and at time of final site restoration.
10. Site configuration and operations must remain in substantial conformance with the
approved site plan. Modifications to the approved site plan must be approved by the City
Planner.
11. All carnival activities shall cease by 10:00 p.m. on Monday, May 27, 2019.
12. Set-up shall begin no sooner than 4:00 p.m. on Wednesday, May 22, 2019.
13. No amplified music or live entertainment will be permitted during the four-day carnival.
14. All necessary lighting shall be directed away from nearby residential uses.
15. All speakers associated with rides and games must be positioned to direct noise away
from nearby residential uses.
16. The sale and consumption of alcoholic beverages shall be prohibited at all times.
17. Any necessary Health Department approvals required for the sale of food shall be
obtained no later than May 23, 2019. Appropriate documentation reflecting approval
must be submitted to the City Planner by the same day.
18. 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 May 23, 2019.
Appropriate documentation reflecting approval must be submitted to the City Planner by
the same day.
19. 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.
BUILDING AND SAFETY
20. 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).
21. 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
PLN 19-00039 — 11040 Brookshire Ave
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Resolution No. 19-3088
Downey Planning Commission
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.
PUBLIC WORKS
22. The owner/applicant shall obtain all necessary plan approvals and permits.
23. The facility must provide trash receptacles (refuse/recycles) for the proper disposal of
food items and trash generated from the event.
24. 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). Watering down parking lot for maintenance
purposes shall be prohibited at all times.
25. Parking lot maintenance by hosing down method shall be prohibited
FIRE DEPARTMENT
26. Obtain a special event permit from City of Downey Fire Department. Permit shall be
obtained through the Fire Prevention Bureau no later Thursday, May 16th.
27. 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, May
24th. 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].
28. 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.)
29. 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.
30. 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.
31. 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 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]
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Resolution No. 19-3088
Downey Planning Commission
32. 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.
33. 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 Code §503.2.1; D105.2]
34. 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].
35.. 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)]
36. 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]
37. 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.
38. State Fire Marshal (SFM) "tagged" 4A -2013C rated extinguisher shall be provide at the
generator as per NFPA 10 and CA Fire Code §906
39. 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]
40. 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.
POLICE DEPARTMENT
41. The applicant must provide licensed security guards on-site during the duration of the
event, including three (3) Downey Police Department Officers and six (6) security guards.
One (1) of the Downey Police Officers will monitor Marbel Avenue during all carnival
hours. Two (2) Police Officers will be on-site of the event from 5:00 p.m. to 11:00 p.m.
Within ten days of the approval of PLN -19-00039, the applicant shall obtain Downey Police
Department approval of a security plan for the carnival and provide a map of the security
locations.
42. The applicant shall submit a security plan that includes provisions to address traffic control
on Firestone Blvd at Marbel Ave, Brookshire Ave at the school's north parking lot, and
Lakewood Blvd at Third St. Said traffic control measures shall be subject to the approval
of the Director of Public Works.
43. Within seven (7) days of the approval of PLN -19-00039, the applicant shall obtain Downey
Police Department approval of a security plan for the carnival and provide a map of the
security locations.
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Resolution No. 19-3088
Downey Planning Commission
44. 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.
END OF CONDITIONS
PLN 19-00039 — 11040 Brookshire Ave
May 1, 2019 - Page 8