HomeMy WebLinkAboutPC Reso 19-3105RESOLUTION NO. 19-3105
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING SPECIAL EVENT PERMIT (PLN -19-00133) AND
THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL
ON SEPTEMBER 27-29,2019, 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 26, 2019, Samantha Miyahara, on behalf of Warren High School,
(hereinafter referred to as "the Applicant"), submitted a Special Event Permit
Application (PLN -19-00133) 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 5, 2019, staff deemed the application complete; and 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;
C. The Planning Commission held a duly noticed public hearing on September 18,
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). 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.
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." The proposed carnival is a
fundraising event for Warren High School athletic 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 in that these temporary
events provide recreation and entertainment opportunities for the public.
Resolution No. 19-3105
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 infringe on the surrounding properties since the
special event is not a permanent alteration to the site and only operating for a three day
period. The parking needs for Warren High School will not be significantly 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. Alternate parking areas have been designated
for high school use during the final removal of carnival rides and equipment on Monday
morning.
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, staff is recommending several
conditions of approval to ensure the event does not impact surrounding sites and is
operated safely for attendees. The temporary event has been reviewed by Building and
Safety, Fire, Public Works, and Police Departments and was not determined to have
potential impacts on 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 Special Event
Permit (PLN -19-00133), 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 18th day of September 2019.
Miguel DuWte, Vice 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 18th day of
September 2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Dominguez
Mary Ca anagh, Secre
City Planning Commission
Special Event Permit (PLN -19-00133) — 8141 De Palma Street
September 18, 2019 - Page 2
Resolution No. 19-3105
Downey Planning Commission
SPECIAL EVENT PERMIT - PLN -19-00133
CONDITIONS OF APPROVAL
PLANNING
1. This approval of Special Event Permit (PLN -19-00133) 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 27, 2019, 5:00 p.m. and 11:00 p.m.
• Saturday, September 28, 2019, 3:00 p.m. and 11:00 p.m.
• Sunday, September 29, 2019, 3:00 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 23, 2019, by 12:00 pm.
5. The Applicant shall provide any additional lighting; as required by Fire Department,
Police Department, or City Planner, for the safety of paths of travel to and from the event
and throughout the parking areas. Lighting shall be directed away from residential uses
nearby.
6. All parking areas shall be separated from carnival areas. Any parking areas that are
directly adjacent to the carnival shall be blocked off with barricade devices to ensure that
there will only be foot traffic in the designated carnival areas.
7. 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.
8. Set-up shall begin no sooner than 4:00 p.m. on Thursday, September 26, 2019.
9. The carnival operator shall provide trash receptacles throughout the subject site,
including every parking area. During the event, the Applicant shall assign workers to
pick up trash during the carnival in the parking lots, the adjacent sidewalks and
neighborhoods.
10. The carnival operator shall provide a clean-up crew that will clean the Warren High
School parking lots, adjacent sidewalks and neighborhood every night at the closure of
the event.
Special Event Permit (PLN -19-00133) — 8141 De Palma Street
September 18, 2019 - Page 3
Resolution No. 19-3105
Downey Planning Commission
11. The Applicant shall provide a sweeper truck, which cleans the parking lots upon closure
of the event on Sunday night.
12. All carnival activities shall cease by 10:00 p.m. on Sunday, September 29, 2019.
13. 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 30, 2019, and resume no
earlier than 6:00 a.m. and be completed no later than 12:00 p.m. on Monday, September
30, 2019.
14. 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.
15. The owner/Applicant shall provide sufficient restroom facilities for patrons.
16. The use of live entertainment shall be prohibited at this event.
17. The Special Event area shall be separated from any vehicular traffic to ensure the safety
of the event.
18. All necessary lighting shall be directed away from any residential uses nearby.
19. 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.
20. The sale and consumption of alcoholic beverages shall be prohibited.
21. The Applicant shall ensure that patrons or event equipment, including temporary
signage, does not block public sidewalks or paths of travel to the event.
22. Hand held signs shall not be utilized on public or private property to advertise the event.
23. 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.
Special Event Permit (PLN -19-00133) — 8141 De Palma Street
September 18, 2019 - Page 4
Resolution No. 19-3105
Downey Planning Commission
BUILDING & SAFETY
24. The applicant shall apply for building permits no later than Monday, September 23,
2019. All inspections to be completed prior to the start of the event
25. All construction shall comply with the most recent adopted City and State building codes
as adopted by the City of Downey.
26. 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).
27. 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
28. 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,
Sept. 18th.
29. 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, Sept. 27th.
[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].
30. 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]
31. 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].
32. 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)]
33. 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]
Special Event Permit (PLN -19-00133) — 8141 De Palma Street
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Resolution No. 19-3105
Downey Planning Commission
34. 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.
35. SFM-tagged 4A-20BC rated extinguisher shall be provide at the generator as per NFPA
10 and CA Fire Code §906
36. 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]
37. 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.
38. 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]
39. 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].
40. 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.
41. 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.
42. 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
POLICE
43. The owner/Applicant must provide (4) licensed security guards to provide security for all
hours of 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 5:00 p.m. to
11:00 p.m. and on Sunday from 5:00 p.m. to 10:00 p.m.
44. 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"
Special Event Permit (PLN -19-00133) — 8141 De Palma Street
September 18, 2019 - Page 6
Resolution No. 19-3105
Downey Planning Commission
written in large white letters on the front back, and around arm sleeve bands. The
security guards shall be unarmed.
45. Should noise levels increase or become a concern after 10:00 p.m., Police Department
will restrict the event to cease at 10:00 p.m. rather than 11:00 p.m.
46. The owner/applicant agrees that should there be an incident during non -peak hours that
requires an extended police response, then the school will be billed for the officer's time
responding to and handling the incident.
PUBLIC WORKS/ENGINEERING
47. The owner/applicant shall obtain all necessary plan approvals and permits.
48. The facility must provide adequate trash receptacles (refuse/recycle) for the event.
49. 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).
50. Parking lot maintenance by water hosing method shall be prohibited at all times.
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September 18, 2019 - Page 7