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Home My WebLink AboutPC Reso 11-2735RESOLUTION NO. 11-2735 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11-00212 (SPECIAL EVENT) - A REQUEST BY CALVARY CHAPEL TO CONDUCT A ONE -DAY "ALTERNATIVE NIGHT" CELEBRATION ON MONDAY, OCTOBER 31, 2011, FROM 5:00 PM TO 10:00 PM, ON THE PARKING LOT OF PROPERTY LOCATED AT 12808 WOODRUFF AVENUE, ZONED C-2 (GENERAL COMMERCIAL) 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 18, 2011, an application was filed by Hector Gonzales (hereinafter "applicant") requesting a Special Event Permit to allow a one -day "Alternative Night" celebration on Monday, October 31, 2011, from 5:00 p.m. to 10:00 p.m., for property located at 12808 Woodruff Avenue, Downey, CA (hereinafter "subject site"), and zoned C-2 (General Commercial); and, B. On September 7, 2011, after a careful review of the submitted material, staff deemed the application complete; and, C. On September 22, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500' of the subject site on September 23, 2011; and D. On October 5, 2011, the Planning Commission held a duly noticed public hearing and after fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing, and hereby adopted this Resolution, 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, Minor Alterations to Land). 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: The proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specked 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 -event is a community event -that is open to the public and will include live entertainment, games, and rides for attendees to enjoy, it will be consistent with the aforementioned General Plan program. 2. The proposed activity or use will be consistent with other provisions of Article IX of the Downey Municipal Code. The proposed activity is located within the C-2 (General Commercial) zone, where special events such as outdoor events and festivals are permitted, subject to Section 9420.04 of the Downey Municipal Code. The applicant Resolution No. 11-2735 Downey Planning Commission proposes to utilize the parking area on the north side of the property for the event. Nevertheless, the parking needs for the site will not be affected by the proposed event, since there will be over 500 parking spaces available to meet the parking needs during the event and other church activities (congregations, schools, etc) will not be utilizing the site during the meeting 3. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. Approving the Special Event Permit will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary one day event. Several conditions of approval that will prevent the event from impacting surrounding sites. With these conditions of approval the proposed event will not be contrary to the public health, safety and 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 Even Permit (PLN -11- 00212), subject to 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 5th day of October, 2011. Y Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of the a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 5th day of October, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Garcia, Morales, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Murray Theresa Donahue, Secretary City Planning Commission PLN -11-00212 (Special Event) 12808 Woodruff Avenue October 5, 2011 - Page 2 Resolution No. 11-2735 Downey Planning Commission PLN -11-00212 (Special Event) EXHIBIT A - CONDITIONS This approval is for a one -day "Alternative Night' celebration on Monday, October 31, 2011, from 5:00 p.m. to 10:00 p.m., featuring a stage with live music, game booths, and rides, on the parking lot of property located at 12808 Woodruff Avenue, zoned C-2 (General Commercial). 2. 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. 3. Approval of this Special Event Permit application shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. 4. All conditions of the Special Event Permit (PLN -11-00212) shall be complied with before this approval becomes valid. 5. Activities of the Special Event shall be limited to the north parking lot of the Cavalry Chapel, with the remained of the site being reserved for parking of patron vehicles. 6. The Special Event area shall be cordoned off to prevent vehicles from driving through the area. 7. Light generators may be brought to the property the night before the event. The remainder of the set-up for the event shall commence no sooner than 11:00 a.m. on Monday, October 31, 2011. 8. The event area shall be cleaned up after the event, including the removal of all tables and trash receptacles, and it shall conclude before midnight on Monday, October 31, 2011. 9. All speakers for amplified noise shall be directed away from adjacent residential areas. 10. If the Police Department receives complaints related to the volume of an activity, the on - duty watch commander will make a determination as to whether the activity will be silenced. 11. The applicant shall obtain all required Health Department approvals for serving food prior to the start of the event. 12. Generators used at the event shall not be refueled hot. 13. All required Building Department and Fire Department permits shall be obtained prior to the start of the event. 14. The Applicant shall provide sufficient trash receptacles on-site for the disposal of food and other goods. Additionally, the applicant shall have a patrol of volunteers roaming through the event, the parking area, and adjacent sidewalks picking up litter during the event. PLN -11-00212 (Special Event) 12808 Woodruff Avenue October 5, 2011 - Page 3 Resolution No. 11-2735 Downey Planning Commission 15. All tents/canopies used during the event shall carry a California State Fire Marshalls flame spread certification. 16. Obstacle courses shall not be constructed of combustible materials such as hay bales or wooden pallets. 17. All event activities shall be designed/used as not to represent an entrapment hazard to attendees. 18. There shall be no open flame cooking using wood or charcoal fuels without approval of the City of Downey Fire Department. MCommunity Development%Planning Commission\Resolutions12011111-2735.doc PLN -11-M212 (Special Event) 12808 Woodruff Avenue October 5, 2011 - Fuge 4