HomeMy WebLinkAboutPC Reso 19-3106RESOLUTION NO. 19-3106
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.
Resolution No. 19-3106
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.
e j
Mig Duarte, 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 2"d day of October,
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Frometa, Spathopoulos and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Owens and Dominguez
lttxl�
Mary C anagh, 5ecre ry
City PI np ing Commissib
PLN -19-00131 — 10441 Downey Ave
October 2, 2019 - Page 2
Resolution No. 19-3106
PLN -19-00131 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
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.
PLN -19-00131 — 10441 Downey Ave
October 2, 2019 - Page 3
Resolution No. 19-3106
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 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.
PLN -19-00131 — 10441 Downey Ave
October 2, 2019 - Page 4
Resolution No. 19-3106
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 2"".
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
111h. [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.
PLN -19-00131 — 10441 Downey Ave
October 2, 2019 - Page 5
Resolution No. 19-3106
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; §1004.31
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
PLN -19-00131 —10441 Downey Ave
October 2, 2019 - Page 6
Resolution No. 19-3106
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
PLN -19-00131 — 10441 Downey Ave
October 2, 2019 - Page 7