The URL can be used to link to this page

Home My WebLink AboutPC Reso 10-2668RESOLUTION NO. 10-2668 PLN -10-08063 (SPECIAL EVENT PERMIT) - A REQUEST TO PERMIT THE OPERATION OF AN ANNUAL CARNIVAL FOR THREE CONSECUTIVE DAYS (OCTOBER 15, 16, AND 17, 2010), IN CONJUNCTION WITH THE OUR LADY OF PERPETUAL HELP SCHOOL, ON PROPERTY LOCATED AT 10441 S. 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 Steffani McMains (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); B. On September 24,2010, 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 Long Beach Press Telegram; and, C. The Planning Commission held a duly noticed public hearing on October 6, 2010, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN -10-08063 (Special Event Permit), subject to the conditions of approval (Exhibit A). 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), Temporary Land Uses. 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. That 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. PLN -10-08063 (Special Event) is consistent with Program 1.1.5.3 of the City's Vision 2025 General Plan, Chapter 1. rand Use, which states that the City shall "Promote recreation and entertainment uses that serve needs of the public." In addition, Our Lady of Perpetual Help School has operated this temporary carnival as an annual event. Finally, Program 6.3.1.6 of the City's Vision 2025 General Plan, Chapter 6, Noise, states that City shall "Discourage the placement of air conditioning, electric generators, or other noise -generating equipment in close proximity to adjacent properties". Accordingly, staff has conditioned that if the generator is to be used for this event, it shall be located at least 10 feet from any property lines. Resolution No. 10-2668 Downey Planning Commission B. That 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. 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. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. It is staffs opinion that approving PLN -10-08063 will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary event/use (three days, October 15, 16, and 17, 2010) and it occurs once a year at the subject property. As such, conditions have been imposed to prevent such conditions and circumstances (see Exhibit A — Conditions, of this Resolution). 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 PLN 10-08063, subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, 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 6th day of October 2010. Louis!Morales, 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 5th day of August 2010, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray, Morales ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None H:\PLANNING\RESOS\PC\2010\10-2668.doc Theresa Donahue, Secretary City Planning Commission PLN 10-08063 (Special Event Permit) 10441 Downey Ave October 6, 2010 - Page 2 Resolution No. 10-2668 Downey Planning Commission PLN -10-08063 (SPECIAL EVENT PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) This approval of PLN -10-08063 (Special Event Permit) allows Our Lady of Perpetual Help School to host a three-day carnival (October 15, 16, and 17, 2010) on the parking of the school, located at 10441 Downey Avenue. 2) All activities shall cease by 10:30 pm on October 15, 16, and 17, 2010, and by 8:30 pm on October 18, 2010. 3) Approved activities for PLN -10-08063 (Special Event Permit) shall consist of: a) Tents and booths for carnival games, foods and alcoholic beverages; b) Live music entertainment and mechanical carnival rides. 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) Installation of the outdoor accessory uses shall commence no earlier than 7:00 a.m. on Wednesday, October 13, 2010. 6) Clean-up activities, which include the removal of bright lights, all tables and chairs, tents, trash receptacles, stage, electrical equipment, and garbage shall conclude no later than 8:00 p.m. on Sunday, October 17, 2010. 7) The removal of accessory uses (including carnival apparatus) shall occur no earlier than 7:00 a.m. on Monday, October 18, 2010. 8) If a generator is to be used, it shall be located a minimum of 10 feet from any property line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the nearest property line. 9) All necessary lighting shall face the main event (booths and stage). The Applicant shall direct said lights away from Downey Avenue and away from any residential uses nearby. 10) During the 3 -day event, parish member(s) shall walk around the premises every two (2) hours to remove trash on the subject site and the adjacent streets. 11) The Applicant shall obtain all required permits from the City of Downey Building, Police, and Fire Departments prior to the start of the event. 12) Provide sufficient trash receptacles for the disposal of food and other goods. 13) Parking areas shall be swept clean after the event; there shall be no hosing down of the parking area. 14) Handicap parking stalls in the parking area must remain accessible for all uses. 15) The Applicant shall obtain the Fire Department's approval for the use of any tents. H APLAN NINMRESOSTM2010\10-2668.doc PLN 10-08063 (Special Event Permit) 10441 Downey Ave October 6, 2010 - Page 3