HomeMy WebLinkAboutPC Reso 11-2737RESOLUTION NO. 11-2737
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00228 (SPECIAL EVENT), TO PERMIT TO THE OPERATION OF
A THREE-DAY OUTDOOR CARNIVAL, ON OCTOBER 28, 29 AND 30, 2011, IN THE
PARKING LOT OF SAINT RAYMOND CATHOLIC CHURCH, ON PROPERTY
LOCATED AT 12348 PARAMOUNT BOULEVARD, 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 21, 2011, an application was filed by Gerardo Aguero (hereinafter
"Applicant") requesting approval of a Special Event Permit to allow the operation
of a three-day outdoor carnival, on property 12348 Paramount Boulevard (St.
Raymond Catholic Church), Downey, California. (hereinafter "Subject Site"),
zoned R-1 5,000 (Single Family Residential); and,
B. On September 21, 2011, the application was deemed incomplete due to missing
information on the project plans; October 4, 2011, the applicant submitted the
requested information, and as such, staff deemed the application complete on
October 4, 2011.
C. On October 7, 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,
D. The Planning Commission held a duly noticed public hearing on October 26,
2011, and after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, 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:
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. 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, this event will
be consistent with the aforementioned General Plan program.
B. That 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 R-1
5,000 (Single Family Residential) zone, where special events such as outdoor
Resolution No. 11-2737
Downey Planning Commission
carnivals and festivals are permitted, subject to Section 9420.04 of the Downey
Municipal Code. The three-day outdoor carnival will not impinge on the
surrounding properties; since the special event is not a permanent alteration to
the site. Furthermore, the applicant has reached agreements with the Wal-Mart,
the Mormon Church, and Pepe's Tacos to utilize their parking lots for this event.
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 outdoor carnival. Therefore, the special event is consistent with the other
provisions of Article IX of the Municipal Code.
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 the Special Event Permit 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, several conditions of approval have been included
which will prevent the event from impacting surrounding sites.
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 -11-00228
(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 26th day of October 2011.
Michael Murray, 9Vice 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 26th day of October
2011, by the following vote, to wit:
AYES:
COMMISSIONERS:
Morales, Murray, Garcia
ABSENT:
COMMISSIONERS.
Lujan
ABSTAIN:
COMMISSIONERS_
Kiefer
NOES:
COMMISSIONERS:
None
Theresa Donahue, Secretary
City Planning Commission
PLN -11-00228 — 12348 Paramount Blvd
October 26, 2011 - Page 2
Resolution No. 11-2737
Downey Planning Commission
PLN -11-00228 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval of PLN -11-00228 (Special Event) allows the Applicant to host a three-day
outdoor Carnival on the parking lot area of the Saint Raymond Catholic Church at 12348
Paramount Boulevard. The proposed hours for the carnival shall be as follows:
• Friday, October 28, 2011, between the hours of 4:00 p.m. and 11:00 p.m.
• Saturday, October 29, 2011, between the hours of 10:00 a.m. and 11:00 p.m.
• Sunday, October 30, 2011, between the hours of 1:00 p.m. and 10:00 p.m.
2. Live music for the event shall cease by 11:00 p.m. on Friday, October 28 and Saturday,
October 29, and by 9:30 p.m. on Sunday, October 30, 2011.
3. Approved activities for Special Event Permit (PLN -11-00228) shall consist of:
■ Six "Big" rides;
• Six "Kiddy" rides;
One haunted house (within existing Parish hall);
• One 40' x 40' beer garden;
■ Three 10' x 10' food booths;
• Two 20'x 20' food booths;
One 10'x 20' grill area;
■ Game area with approximately ten 4' x 8' tables;
■ One 20'x 20' game area;
• Twenty-five 10'x 10' rental booths;
• One 3 ft. high raised 12'x 24' stage.
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. The owner/applicant shall provide trash receptacles on the subject site, including parking
lots. During the event, organized member(s) shall walk around the premises to remove trash
on the subject site (including parking lots) and the adjacent sidewalks and neighborhoods.
6. Speakers for amplified sound shall face westerly, away from the adjoining residential
properties.
7. All outdoor activities shall cease by 10:00 p.m. on Sunday, October 30, 2011.
8. Set-up may begin Wednesday, October 26, 2011, and shall only occur between the hours of
7:00 a.m. and 10:00 p.m.
9. Clean-up activities, which include the removal of all tables and chairs, booths, trash
receptacles, stage, electrical equipment, mechanical rides, and garbage shall be removed
between 7:00 a.m. to 10:00 p.m. on Monday, October 31, 2011.
10. If a generator is to be used, it shall be located a minimum 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 -11-00228 — 12348 Paramount Blvd
October 26, 2011 - Page 3
Resolution No. 11-2737
Downey Planning Commission
11. Special Event area shall be cordoned off from vehicle traffic.
12. All necessary lighting shall face the main event (booths and stage) and shall be directed
away from any residential uses nearby.
13. Any necessary Health Department approvals required for the sale of food shall be obtained
prior to the start of the event.
14. The sale and consumption of alcoholic beverages shall be contained within the "beer garden"
area.
15. All required Police Department and Fire Department permits shall be obtained prior to the
start of the event.
FIRE
16. The applicant shall obtain the Fire Department's approval for the use of any tents.
17. All tents, extinguishers and electrical work must in place by noon on the Friday before the
event to enable an inspection by the Fire Department and the Building and Safety Division.
18. During the three-day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
19. Generators shall not be refueled hot.
POLICE
20. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event (October 28, 29 and 30, 2011). At least one of the security guards shall
be stationed in the beer garden.
PUBLIC WORKS/ENGINEERING
21. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
22. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
23. The owner/applicant shall maintain the public right-of-way free from any trash and waste
disposal and comply with the National Pollutant Discharge Elimination System (NPDES)
requirements of the Federal Clean Water Act; the General Construction Activities
Stormwater Permit (GCASP) of the State Water Resources Control Board; and Ordinance
1142 of the Downey Municipal Code (DMC).
24. The owner/applicant shall obtain all necessary plan approvals and permits.
25. Closure of public streets for parking purposes shall not be permitted at any time.
HACommunity Development\Planning Commission\Resolutions\201 1\1 1-2737.doc
PLN -11-00228 —12348 Paramount Blvd
October 26, 2011 - Page 4