HomeMy WebLinkAboutPC Reso 19-3091RESOLUTION NO. 19-3091
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN -19-00060), A REQUEST TO
PERMIT THE OPERATION OF A CARNIVAL FOR ELEVEN PERFORMING DAYS
(MAY 16TH — MAY 20TH AND MAY 22"D — MAY 27TH, 2019), IN CONJUNCTION
WITH CIRCUS VARGAS, ON PROPERTY LOCATED AT 251 STONEWOOD
STREET, ZONED S -P 89-1 (STONEWOOD SPECIFIC PLAN)
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 Jovania Faamaligi (hereinafter "Applicant") on April
26, 2019, requesting approval of a Special Event Permit to allow the operation of
a circus, on property at 251 Stonewood Street (Stonewood Mall) Downey,
California (hereinafter "Subject Site"), zoned S -P 89-1 (Stonewood Specific
Plan); and,
B On May 2, 2019, the application was deemed complete; and,
C On May 2, 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 d`Uly noticed public hearing on May 17, 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. Specifically, the following policies are promoted by the
Special Event Permit. Program 1.1.5.3 — Promote recreation and entertainment
uses that serve the needs of the public. Program 6.3.1.6 — Discourage the
placement of air conditioning equipment, electric generators, or other noise -
generating equipment in close proximity to adjacent properties. Program 9.1.2.3 —
Capitalize on the city's location within a region with an entertainment -related
economic base. The event is open to the public, includes food booths and the
Resolution No. 19--3091
Downey Planning Commission
entertainment tent for attendees to enjoy. The temporary circus event adds to the
diversity of entertainment options available to the public. The event seating
serves the needs of the public by accommodating for a maximum of 1,250
people, including accommodations for accessible seating. The food and novelty
counters are also ADA accessible to meet the needs of the general public. The
Applicant has specifically placed the generator on the west side of the tent to
ensure that is it as far as possible from residential properties to keep excessive
noise to a minimum. The proposed special event is consistent with the
aforementioned General Plan programs.
B The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. Operation of a temporary circus will not alter the use of
the site in a way that would deviate from the applicable specific plan. A condition
has been placed to require that the parking lot which is to be used for the event
will be restored back to the condition in which it was before the event. The
proposed event location in the southeast parking lot is the area that is ample
space for this use and therefore, would not create any inconsistencies or conflicts
with other uses on site. The proposed event encourages large community
gatherings in outdoor facilities. The proposed event will be located on private
property out of the public right-of-way and the subject site is suited to provide
ample amount of parking required for the size of the event. The proposed event
satisfies the general requirements for a Special Event per the Downey Municipal
Code.
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 southeast parking lot of the mall. The event will be served by
ample amount of parking spaces on the mall property. The circus will provide
restroom facilities to the south of the proposed area for the event to
accommodate visitors. The entertainment tent meets ingress and egress with a
detailed site plan showing where all emergency exits are located and by providing
two (2) additional exits. The size of the entertainment tent requires five (5) exits
and the Applicant will provide seven (7). The proposed event is in conformance
with the requirements for ensuring safety and general welfare for the city.
Conditions of approval have been incorporated to address and minimize potential
concerns related to the permitted hours of event, parking, noise, security, trash
receptacle requirements, restroom, and site clean-up.
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 -19-00060), subject to the Conditions of Approval attached hereto as Exhibit A,
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 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 2
Resolution No. 19-3091
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of May, 2019.
Steven Dominguez,, , hai an
City Planning Corn`4 isson
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 15th day of May,
2019, by the following vote, to wit:
AYES: COMMISSIONERS: Owens, Duarte, Frometa, Spathopoulos and Dominguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
qMaryCening
aPh,ecretary
City PI Commission
PLN 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 3
Resolution No. 19-3091
Downey Planning Commission
PLN -19-00060 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
The approval of this Special Event Permit allows Circus Vargas to host an eleven -day
circus (May 16th — 20th and May 22"d —27 th , 2019) on the SOLItheastern parking lot of the
Stonewood Mall, which consists of a large tent for the main performance, food booths,
and merchandise booth located at 251 Stonewood Street.
2. Circus hours of operation shall be limited to the schedule outlined below:
• Thursday, May 16, 2019, (1 show) from 7:30 — 9:00 p.m.
• Friday, May 17, 2019, (1 show) from 7:30 — 9:00 p.m.
• Saturday, May 18, 2019, (3 shows) from 1:00 —2:30 p.m., 4:00 — 6:30 p.m. & 7:30 — 9:00
p.m.
• Sunday, May 19, 2019, (3 shows) from 12:30 — 2:00p.m., 3:30 — 5:00 p.m. & 6:30 — 8:00
p.m.
• Monday, May 20, 2019, (1 show) from 6:30 — 8:00 p.m.
• Tuesday, May 21, 2019, No Performances
• Wednesday, May 22, 2019, (1 show) from 7:00 — 8:30 p.m.
• Thursday, May 23, 2019, (1 show) from 7:00 — 8:30 p.m.
• Friday, May 24, 2019, (1 show) from 7:30 — 9:00 p.m.
• Saturday, May 25, 2019, (3 shows) from 1:00 — 2:30p.m., 4:00 — 6:30 p.m. & 7:30 — 9:00
p.m.
• Sunday, May 26, 2019, (3 shows) from 12:30 — 2:00p.m., 3:30 — 5:00 p.m. & 6:30 — 8:00
p.m.
• Monday, May 27, 2019, (1 show) from 6:30 — 8:00 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.
PLN 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 4
Resolution No. 19-3091
Downey Planning Commission
6 The approved activities for the special event shall consist of one performance tent, food
booths and merchandise booth.
7. Complete restoration of the site including any asphalt repair, removal of garbage on site
and the surrounding proximity of the mall must be completed no later than 11:59 p.m. on
Tuesday, May 28, 2019.
8. Tree removal is not approved as part of this event, however should a tree be damaged
due to event activity, set-up, or removal; a replacement tree must be installed, of equal
maturity or equivalent box size, satisfactory to the City Planner.
9. All public sidewalks immediately surrounding the circus 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 circus performances shall cease by 8:30 p.m. on Monday, May 27, 2019.
12. Set-up shall begin no sooner than 7:00 a.m. on Tuesday, May 14, 2019.
13. All necessary lighting shall be directed away from nearby residential uses. Additional
telescope lighting shall be provided in parking area to provide illuminated pedestrian
areas east of event site along Woodruff Avenue, directed away from residential
properties.
14. All speakers associated with performances must be positioned to direct noise away from
nearby residential uses. Event must comply with applicable Downey Municipal Code
regulations related to noise.
15. Animals are prohibited from being a part of a performance or any part of this event.
16. There shall be no open fire flame or use of fire as any part of this event.
17. The sale and consumption of alcoholic beverages shall be prohibited at all times.
18. Any necessary Health Department approvals required for the sale of food shall be
obtained no later than May 13, 2019. Appropriate documentation reflecting approval must
be submitted to the City Planner by the same day.
19. The Applicant shall obtain all permits required by the City of Downey Building and Safety
Division, Police Department and Fire Department for activities associated with the event
no later than May 13, 2019. Appropriate documentation reflecting approval must be
submitted to the City Planner by the same day.
20. Signs or banners advertising the event are not allowed outside of the proximity of the
immediate circus area. Any proposed banners must be reviewed and approved by the
City Planner prior to posting. In addition, hand held signs shall not be utilized on public or
private property to advertise the event.
PLN 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 5
Resolution No. 19-3091
Downey Planning Commission
BUILDING AND SAFETY
21- 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).
22. 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.
PUBLIC WORKS
23. The owner/applicant shall obtain all necessary plan approvals and permits.
24. The facility must provide trash receptacles (refuse/recycles) for the proper disposal of
food items and trash generated from the event.
25. 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.
26. Parking lot maintenance by hosing down method shall be prohibited (See attached best
management practices).
27. The owner/applicant shall call Underground Service Alert (USA) to have all utility within
the vicinity of the event marked out. Removal of all utility -related Underground Service
Alert (USA) temporary pavement markings created as part of this event within the
property, 48 hours after the event.
28. No excavation shall be permitted within five feet of any utility easement.
29. Owner/applicant shall reconstruct onsite pavement that was excavated, consisting of a
minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt
concrete pavement. Reconstruct pavement of the on-site parking that was excavated
subject to the review and approval of the Public Works and/or Community Development
Department.
FIRE DEPARTMENT
The following comments pertain to a fire review of a submitted design review plan(s). The
comments contained herein shall not be construed as complete or encompassing all fire -life
PLN 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 6
Resolution No. 19-3091
Downey Planning Commission
safety code requirements as set forth in local, State, and/or National codes.
30.. The applicant shall obtain a special event permit from City of Downey Fire Department.
Permit shall be obtained through the Fire Prevention Bureau no later Wednesday, May
8th.
31. The applicant shall obtain a tent permit from the Fire Department. Tents and membrane
structures having an area in excess of 400 square feet shall require a separate tent
permit [CA Fire Code §3103.2]. Applicant shall ensure a tent permit is obtained through
the Fire Prevention Bureau no later than Wednesday, May 8th.
32. All tents, equipment, etc. shall be in place and ready for field inspection by 10:00 am on
Thursday, May 16tH
33. A Fire Safety Officer (FSO) shall staff the event's performances to ensure public safety
related to fire hazards, egress obstructions, remediation of hazards, extinguishment of
fires, and assist in evacuation [CA Fire Code §403.12.1 - §403.12.2]
34. Tents and other fabrics used for backdrop 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)]
35. Generators and other internal combustion power sources shall be separated from tent by
not less than 20 feet and generators shall be isolated (e.g. protected by physical barriers
such as fencing, enclosure, or other approved means) from contact with the public [CA
Fire Code §3104.19]
36. Flammable and combustible liquids shall be stored outside in an approved manner not
less than 50 feet from tents [CA Fire Code §3104.17.2]. Any refueling operations shall be
performed in an approved location not less than 20 feet from tent [CA Fire Code
§3104.17.3].
37. Approved cable bridges shall be provided for electrical cables where subject to physical
damage [CA Fire Code §605.5].
38. Cooking and heating equipment shall not be located within 10 feet of exits or combustible
materials [CA Fire Code §3104.15.3].
39. Occupant load shall be maintained at all times and not exceeded. An occupant load sign
shall be provided, conspicuous posted, and clearly visible at main entrance of tent [CA
Fire Code §1004.3].
40, The Applicant shall provide fire extinguishers in accordance with California Fire Code.
Currently serviced (tagged) 2A1 OBC fire extinguishers shall be provided and clearly
visible [CA Fire Code 906, CCR Title 19].
41. Tents shall not be located within 20 feet of parked vehicles, open flame or heating
devices, BBQs, combustion engines (e.g. generators) [CA Fire Code §3104.7].
42. Smoking is not permitted inside or adjacent to the tent. No smoking signs shall be
conspicuously posted [CA Fire Code §310.3].
PLN 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 7
Resolution No. 19-3091
Downey Planning Commission
43. Tents with occupant load in excess of 50 persons shall have required number of exits
and illuminated exit signs and emergency lighting [CA Fire Code §3103.12.6.1]. An
emergency lighting field test shall be required and witnessed by the Downey Fire
Department at time of field inspection.
44. Crowd managers (clearly identified as such via uniform, vests, shirts, etc.) shall be
provided with duties to maintain egress, assist in evacuation, and maintain fire lanes and
site access [CA Fire Code 403.12.3].
45. Event shall not obstruct or impede egress from any neighboring occupancy, business,
structures, and/or buildings at the Stonewood Mall.
46. Fire access shall be maintained. Fire access roads shall have an unobstructed width of
not less than 26 feet to accommodate an aerial fire apparatus [CA Fire Code 503.2.1;
D105.2] and extend to within 150 feet of all portions of tent structure [CA Fire Code
503.1.1],
47. Tent structure shall adhere to all other applicable requirements for an assembly
occupancy as it pertains to egress.
POLICE DEPARTMENT
48. The applicant must adhere to the security plan submitted on April 26, 2019 as part of the
Special Event (PLN -19-00060) application, which has been reviewed and approved by
the Downey Police Department. Security plan shall be revised to provide security for one
hour after each event.
49. The applicant must adhere to the security plan submitted on April 26, 2019 as part of the
Special Event (PLN -19-00060) application, which has been reviewed and approved by
the Downey Police Department.
50. As a part of the security plan for this event, there must be eight (8) uniformed security
during all event hours.
51. Two traffic controllers, uniformed in highly visible or reflective clothing, must be provided
at every entrance to the shopping center.
END OF CONDITIONS
PLN 19-00060 — 251 Stonewood Avenue
May 15, 2019 - Page 8