HomeMy WebLinkAbout1. PLN-19-00131 10441 Downey AveDATE: OCTOBER 2, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: MADALYN WELCH, ASSISTANT PLANNER
SUBJECT: PLN-19-00131 (SPECIAL EVENT PERMIT) - A REQUEST TO
OPERATE AN ANNUAL CARNIVAL FOR THREE (3) CONSECUTIVE
DAYS (OCTOBER 11, 12, AND 13, 2019), IN CONJUNCTION WITH
OUR LADY OF PERPETUAL HELP SCHOOL
LOCATION: 10441 DOWNEY AVENUE
ZONING: R-3 (MULTI-FAMILY RESIDENTIAL)
REPORT SUMMARY
Our Lady of Perpetual Help School (hereinafter OLPH) is requesting the approval of a Special
Event Permit that would allow them to conduct their annual Fall Carnival on the grounds of the
school on October 11, 12, and 13, 2019. Pursuant to Code Section 9420.04(c), special events
involving over five hundred (500) people shall require approval from the Planning Commission.
Based on the analysis contained in this report, staff recommends that the Planning Commission
adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN-19-00131), A REQUEST TO
PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE
CONSECUTIVE DAYS (OCTOBER 11, 12, AND 13, 2019), IN CONJUNCTION
WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY
LOCATED AT 10441 DOWNEY AVENUE, ZONED R-3 (MULTI-FAMILY
RESIDENTIAL)
BACKGROUND
OLPH School has operated its carnival annually since 1998 as a fundraiser for the school. The
subject site is a 4.17 acre, rectangular-shaped lot that is located on the west side of Downey
Avenue, north of Cherokee Drive. The subject site is zoned R-3 (Multi-Family Residential) and
is currently improved with the OLPH school. Single-family and multiple-family residential land uses
surround the school property.
On August 21, 2019, Edward Wormald submitted a Special Event Permit (PLN-19-00131)
application on behalf of OLPH School, to obtain the Planning Commission’s approval to conduct
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a three-day carnival on the parking lot of the school. On September 9, 2019, staff completed the
review of the application and deemed it complete.
Site Photograph (from Downey Avenue)
On September 19, 2019, staff mailed notice of the pending public hearing to all property owners
within 500 feet of the subject site and the notice was also published in the Downey Patriot.
DISCUSSION
The Special Event permit is to allow a carnival for Our Lady Perpetual Help School. The applicant
has indicated that they expect approximately 1,000-2,000 attendees of the carnival throughout
each day of the event. The applicant requests approval of the same carnival activities conducted in
prior years, which include mechanical rides, jumpers, kid rides, food sales, a beer garden, live
entertainment and games. The proposed carnival hours will be as follows:
•Friday, October 11, 2019, from 5:00 p.m. to 10:30 p.m.
•Saturday, October 12, 2019, from 12:00 p.m. to 11:00 p.m.
•Sunday, October 13, 2019, from 12:00 p.m. to 8:30 p.m.
The rides and jumpers will be located on the west side of the school’s parking lot, along La Reina
Avenue as well as on the sports field to the north of the school’s parking lot. There will be three (3)
entrances to the carnival area. Two (2) entrances being along La Reina Avenue and one (1) being
from Downey Avenue. The applicant also proposes a stage for live entertainment, which will
consist of bands performing. The hours of live entertainment are 6:00 p.m. to 10:00 p.m. on
Friday, October 11th, 2:00 p.m. to 10:30 p.m. on Saturday, October 12th, and 2:00 p.m. to 8:00 p.m.
on Sunday, October 13th. The stage will be located next to the playground equipment facing north
where the game and food booths are located. The stage location is approximately 150 feet from
the nearest residential properties to the west.
Similar to the last year’s event, the applicant is proposing the sale of food and alcohol. The
applicant will obtain temporary permits from the California Department of Alcoholic Beverage
Control (ABC) for the sale of alcoholic beverages within the beer garden. The beer garden is
completely gated and wristbands are distributed to attendees that are 21 years of age or older
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as they enter the gated area. Alcohol will only be consumed and for sale within the beer garden.
Trash receptacles will be placed throughout the site. Our Lady Perpetual Help School has
arranged to have a janitorial company be on-site throughout the carnival event. The company will
patrol on-site as well as one block length in either direction, along La Reina Avenue and Downey
Avenue. Additionally, to ensure litter generated by the carnival does not impact surrounding
residences, school and parish members will walk around the premises to pick up trash every two
hours.
All sound and lighting equipment will be directed away from local residences and generators will
be placed away from property lines. The applicant will be using two (2) Downey Police officers
for carnival security as well as four (4) licensed security guards. 55 parking spaces will remain
available on the northern portion of the school and 34 parking spaces will be available on the
south portion of the school. In addition, the church has another parking lot located at the
northwest corner of New Street and 6th Street which will provide 61 spaces, giving them a total
of 150 parking spaces for patrons. Parking for the carnival is also available at St. Mark’s
church, located to the east of Downey Avenue, and OLPH will provide crossing guards to help
people cross safely.
Removal of the carnival apparatus (rides and large equipment) will be on Monday, October 14,
2019, the day following the conclusion of the event. In a review of last year’s carnival, staff did
not receive any complaints or issues of concern.
DEVELOPMENT REVIEW COMMITTEE
The request was reviewed by the Development Review Committee on September 5, 2019.
Being that the event operations are the same as last year, no departments had any concerns,
therefore, standard conditions of approval have been placed on the project.
Police Department has conditioned that if noise becomes an issue after 10:00 p.m. on any day
of the carnival operation, Police Department will require the event to cease and will not be
allowed to continue to operate until 11:00 p.m.
ENVIRONMENTAL ANALYSIS
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. This request is categorically exempt from CEQA, pursuant to Guideline
Section No. 15304 (Class 4, Minor Alterations to Land). Class 4 exemptions include temporary
uses, such as a carnival, that will have no permanent effect on the environment.
FINDINGS
Pursuant to the requirements of the Municipal Code, staff recommends that the Planning
Commission make the following findings to approve the request:
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 Our Lady of Perpetual Help School, the
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event is open to the public, and includes games, rides, food and drinks 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.
Our Lady of Perpetual Help School is located within the 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, including religious events subject to the
general requirements stated in that Code Section. The proposed event satisfies those
requirements.
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
The temporary event will occur on the parking lot of the school property. The applicant
will maintain 150 parking spaces and the school will provide restroom facilities on the
premises to accommodate visitors. Also, conditions of approval are incorporated to
address any concerns related to the permitted hours of event, noise, security, require
trash receptacles, 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.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained herein, and the previous years of the carnival operating without
incident, staff is concluding this event complies with Downey Municipal Code 9420 as it relates
to Special Events with over 500 participants and staff concludes that all of the required findings
can be made in a positive manner. Therefore, staff recommends that the Planning Commission
adopt a resolution approving the Special Event Permit (PLN-19-00131), subject to the
conditions of approval as stated in Exhibit A of the Planning Commission Resolution.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Site Plan
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Exhibit ‘A’
SUBJECT
PROPERTY
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Event Area
Church
Parking
School
Parking
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RESOLUTION NO. 19-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN-19-00131), A REQUEST TO PERMIT
THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS
(OCTOBER 11, 12, AND 13, 2019), IN CONJUNCTION WITH THE OUR LADY OF
PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 DOWNEY
AVENUE, ZONED 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 Edward Wormald (hereinafter "Applicant") requesting
approval of a Special Event Permit to allow the operation of an outdoor carnival,
on property at 10441 Downey Avenue (Our Lady of Perpetual Help Church),
Downey, California (hereinafter "Subject Site"), zoned R-3 (Multi-Family
Residential); and,
B. On September 9, 2019, the project was deemed complete; and,
C. On September 19, 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 October 2, 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 special event has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA). This request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15304 (Class 4, Minor
Alterations to Land). 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 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 Our Lady of Perpetual Help
School, the event is open to the public, and includes games, rides, food and
drinks for attendees to enjoy. The proposed special event is consistent with the
aforementioned General Plan program.
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B. The proposed activity or use will be consistent with other provisions of this article.
Our Lady of Perpetual Help School is located within the R-3 (Multiple-Family
Residential) zone, which allows religious organizations and private schools with a
Conditional Use Permit. 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, including religious events subject to the general requirements
stated in that Code Section. The proposed event satisfies those requirements.
C. The proposed activity or use will not result in conditions or circumstances contrary
to the public health, safety, and general welfare. The temporary event will occur
on the parking lot of the school property. The applicant will maintain 150 parking
spaces and the school will provide restroom facilities on the premises to
accommodate visitors. Also, conditions of approval are incorporated to address
any concerns related to the permitted hours of event, noise, security, require
trash receptacles, 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-19-00131), 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2019.
_________________________
Steven Dominguez, 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 the 2nd day of October,
2019, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
_________________________
Mary Cavanagh, Secretary
City Planning Commission
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PLN-19-00131 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval of this Special Event Permit allows Our Lady of Perpetual Help School to
host a three-day carnival (October 11, 12, and 13, 2019) on the parking of the school,
which is located at 10441 Downey Avenue.
2. Carnival hours of operation shall be limited to:
• Friday, October 11, 2019, from 5:00 p.m. to 10:30 p.m.
• Saturday, October 12, 2019, from 12:00 p.m. to 11:00 p.m.
• Sunday, October 13, 2019, from 12:00 p.m. to 8:30 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. Prior to October 7, 2019 at 12:00 p.m., the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
6. The approved activities for the special event shall consist of mechanical rides, jumpers, a
beer garden, kid rides, food sales, live entertainment and games.
7. The owner/applicant shall provide trash receptacles on the subject site, including parking
lots. During the event, perish member(s) shall walk around the premises during all
carnival hours to remove trash on the subject site (including parking lots) and the
adjacent streets.
8. Set up of the carnival shall occur no sooner than Wednesday, October 9, 2019. Clean-
up and removal of the carnival, including all apparatus, shall be complete by 10:00 p.m.
on Monday, October 14, 2019. Permitted hours for set-up and clean-up operations are
from 7:00 a.m. until 10:00 p.m.
9. The generator is proposed to be located in the between the north parking lot and the
rides on the sports field; 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.
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10. Temporary lighting shall not illuminate off-site.
11. Any necessary Health Department approvals required for the sale of food at the carnival
shall be obtained on or before Monday, October 8, 2018.
12. The alcohol area (beer and wine) shall be contained within a “beer garden” area where
patrons may consume alcohol. The applicant shall obtain a permit from the Department of
Alcohol Beverage Control for the sale of alcoholic beverages on or before Monday,
October 8, 2018.
13. Live entertainment shall only occur during hours listed below and shall cease
immediately to reduce noise impacts to surrounding residents.
• Friday, October 11, 2019, from 6:00 p.m. to 10:00 p.m.
• Saturday, October 12, 2019, from 2:00 p.m. to 10:30 p.m.
• Sunday, October 13, 2019, from 2:00 p.m. to 8:00 p.m.
14. All speakers for amplified sound shall be placed to minimize impacts on the nearby
residences adjacent of the subject site.
15. Hand held signs shall not be utilized on public or private property to advertise the event.
BUILDING AND SAFETY
16. 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
17. All projects including food service or Public pools and/or spas shall be checked and
approved by the County Health Department as part of the building department plan
review process.
18. 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).
19. Temporary structures or facility shall meet the requirements of Chapter 11B 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.
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PUBLIC WORKS
20. The owner/applicant shall obtain all necessary plan approvals and permits.
21. The facility must provide adequate trash receptacles (refuse/recycle) for the
event.
22. 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).
23. Parking lot maintenance by water hosing method shall be prohibited at all times
(refer to Attachment A: Best Management Practice).
FIRE DEPARTMENT
23. Obtain a special event permit from City of Downey Fire Department. Permit shall be
obtained through the Fire Prevention Bureau no later than seven (7) business days prior
to event – special event permit application shall be submitted no later than
Wednesday, October 2nd.
24. Event set-up including all rides, booths, generator, tents, fire protection, electrical,
etc. shall be complete, in place, and ready for inspection by 3:00pm on Friday, Oct.
11th. [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].
25. 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].
26. 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].
27. 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)]
28. 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]
29. 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]
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. Indicate on plot plan/site map location of and size of
generators.
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31. SFM-tagged 4A-20BC rated extinguisher shall be provide 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]
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. 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.
38. Provide updated plot plan showing location of the Ferris Wheel (if applicable) and
generator.
39. 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. 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].
40. 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.
41. Event shall not obstruct or impede egress from any other building or occupancy.
POLICE DEPARTMENT
42. The owner/applicant must provide licensed security guards on-site during all carnival
hours, including two (2) Downey Police Department Officers and a minimum of four (4)
security guards.
43. Prior to the start of the event, the Applicant shall obtain Downey Police Department
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approval of a security plan for the carnival and provide a map of the security locations.
The security plan and map shall be submitted to the Downey Police Department no later
than October 7, 2019.
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.
45. Should the noise levels increase or become a concern after 10:00 p.m., the Police
Department will restrict the event to cease at 10:00 p.m. rather than its later proposed
hour.
END OF CONDITIONS
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Beer
Garden
20 x 40
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