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Home My WebLink AboutPC Reso 11-2730RESOLUTION NO. 11-2730 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11-00197 (SPECIAL EVENT), TO PERMIT THE OPERATION OF A 3 -DAY ANNUAL CARNIVAL, (OCTOBER 14, 15 AND 16, 2011) 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 Steffani McMains (hereinafter "Applicant") requesting approval of a special event permit for the operation of a carnival, on property at 10441 Downey Avenue (Our Lady of Perpetual Help School), Downey, California (hereinafter "Subject Site"), zoned R-3 (Multi -Family Residential); B. On September 9, 2011, notice of the pending public hearing was sent to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, C. The Planning Commission held a duly noticed public hearing on September 21, 2011, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 11-2730, subject to 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. General Plan Policy 8.4.3 states, "Enhance the City's existing cultural resources," which in part is implemented by Program 8.4.3.2 that states "Support and encourage community events..." The proposed Special Event Permit will allow a three-day carnival that is open to the community and will have family friendly activities. Approval of the festival is consistent with the General Plan Policy 8.4.3. B. That the proposed activity or use will be consistent with other provisions of this article. The proposed special event will be located within the southerly portion of the school parking lot. The event will utilize temporary structures only and operation of the event will not hinder the movement of traffic (on and/or off site) or create impacts unto adjoining properties. Also, there is sufficient parking on-site and the School will also provide shuttle service between their Church parking lots on 51h and 6"" Streets to the School site. Therefore, the carnival is consistent with the other provisions of Article IX of the Municipal Code. Resolution No. 11-2730 Downey Planning Commission C. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. As noted previously in this report, the proposed event will not create a significant impact to surrounding properties. The location of the event will not hinder traffic circulation or pedestrian movement. The event will not create a condition of circumstance that is contrary to the general public health, safety, or welfare. 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 -11-00197 (Special Event), subject to 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 21St day of September 2011. Robert Kiefer, 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 21&t day of September 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Garcia, Morales, Murray, Kiefer ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission PLN -1 1-00197 — 10441 Downey Ave September 21, 2011 - Page 2 Resolution No. 11-2730 Downey Planning Commission PLN -11-00197 (SPECIAL EVENT) EXHIBIT A - CONDITIONS PLANNING 1) This approval of PLN -11-00197 (Special Event) allows Our Lady of Perpetual Help School to host a three-day outdoor carnival on October 14, 15 and 16, 2011. All activities shall cease by 10:30 pm on October 14 and 15, 2011 and by 8:30 pm on October 16, 2011. 2) Approved activities for Special Event Permit (PLN -11-00197) shall consist of: a) Tents and booths for carnival games, foods and alcoholic beverages; b) Live music entertainment; and c) Mechanical carnival rides. 3) 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. 4) Installation of the outdoor accessory uses shall take place no earlier than 7:00 a.m. on Thursday, October 13, 2011 5) 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 10:30 p.m. on Sunday, October 16, 2011. 6) The removal of accessory uses (including carnival apparatus) shall occur no earlier than 7:00 a.m. on Monday, October 17, 2011. 7) 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. 8) All necessary lighting shall face the main event (booths and stage) and shall be directed away from Downey Avenue and any residential uses nearby. 9) During the 3 -day event, school member(s) shall walk around the premises every two (2) hours to remove trash on the subject site and the adjacent streets. 10) Any necessary Health Department approvals required for the sale of food shall be obtained prior to the start of the event. 11) The sale of alcoholic beverages shall comply with the requirements of the State Department of Alcoholic Beverage Control. 12) The alcohol area (beer and wine) shall be contained within a "beer garden" area where patrons may consume alcohol. 13) All required Building Department, Police Department and Fire Department permits shall be obtained prior to the start of the event. PLN -11-00197 — 10441 Downey Ave September 21, 2011 - Page 3 Resolution No. 11-2730 Downey Planning Commission POLICE 14) The owner/applicant must provide two (2) licensed security guards on-site during the duration of the event (October 14, 15 and 16, 2011). PUBLIC WORKS/ENGINEERING 15) Provide sufficient trash receptacles for the disposal of food and other goods 16) Parking areas shall be swept clean after the event; there shall be no hosing down of the parking area. FIRE 17) The Applicant shall obtain the Fire Department's approval for the use of any tents. 18) All tents, extinguishers and electrical work must in place by 4:00 p.m. on the Thursday before the event to enable an inspection by the fire department and building and safety. WCommunity Development\Planning Commission\Resolutions\201 1\1 1-2730.doc PLN -11-00197 —10441 Downey Ave September 21, 2011 - Page 4