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Home My WebLink AboutPC Reso 12-2759RESOLUTION NO. 12-2759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -12-00047 (SPECIAL EVENT) AND THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL ON MARCH 16, 17 AND 18, 2012, WHICH INCLUDES RIDES, GAME BOOTHS, AND FOOD SALES, ON THE PARKING LOT OF DOWNEY HIGH SCHOOL, LOCATED AT 11040 DOWNEY AVENUE, AND ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE -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 February 7, 2012, Heidi Llanes, submitted a Land Use Permit Application (PLN 12-00047) on behalf of the Downey High School Baseball Boosters, to request the Planning Commission's approval of a special event permit for a carnival at Downey High School, located at 11040 Downey Avenue (hereinafter "Subject Property"), B. The proposed carnival would occur over a three-day period: March 16, 17, and 18, 2012 C. The subject property is zoned R-2 (Two -Family Residential) and R-3 (Multiple - Family Residential). D. The General Plan designation of the subject property is MU (Mixed Use). E. On February 23, 2012, notice of the pending public hearing was sent to all property owners within 500' of the subject site and it was published in the Downey Patriot. F. The Planning Commission held a duly noticed public hearing on March 7, 2012, 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. 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 fundraising event to benefit Downey baseball and school programs of Downey High School, it is open to the public, and it will include food, games, and rides for attendees to enjoy, allowing the proposed activity will be consistent with the aforementioned General Plan program. Resolution No. 12-2759 Downey Planning Commission B. The location of the proposed carnival is the southernmost parking lot at Downey High School. The subject property is located within the R-2 (Two -Family Residential) and R-3 (Multiple -Family Residential) zones, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 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. The parking needs for Downey High School will not be impacted by the by the proposed event, because the carnival will take place on a Friday evening and on the weekend, when school is not in session. C. The special event PLN Case No. -12-00047 proposes 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, staff is recommending several conditions of approval, which staff believes 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 -12-00047 (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 7th day of March 2012. Mich el Mur y, 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 7th day of March 2012, by the following vote, to wit: AYES: COMMISSIONERS: Garcia, Morales, Kiefer, Lujan, Murray ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES. COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission PLN -12-00047 (Special Event Permit) —11040 Brookshire Avenue March 7, 2012 - Page 2 Resolution No. 12-2759 Downey Planning Commission EXHIBIT A — CONDITIONS OF APPROVAL PLN -12-00047 (Special Event Permit) PLANNING 1. This approval of PLN -12-00047 (Special Event) allows the Applicant to host a three-day outdoor Carnival on the south parking lot area of Downey High School the Saint Raymond Catholic Church at 11040 Brookshire Avenue. The hours for the carnival shall be as follows: • Friday, March 16, 2012, between 5:00 p.m. and 11:00 p.m. • Saturday, March 17, 2012, between 1:00 p.m. and 11:00 p.m. • Sunday, March 18, 2012, between 1:00 p.m. and 10:00 p.m. 2. Approval of this Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3. Approved activities for this Special Event Permit shall consist of food booths, food trucks, game booths, a fun house, and large mechanical 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. The owner/applicant shall provide trash receptacles on the subject site, including parking lots. During the event, organization member(s) shall walk around the premises to remove trash on the subject site (including parking lots) and the adjacent sidewalks and neighborhoods (including the Downey Civic Center). 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, March 18, 2012. 8. Set-up may begin no sooner than 4:00 p.m. on Wednesday, March 14, 2012. 9. The Applicant shall obtain written approval from the Downey Unified School District for the date and time that set-up activities may begin and the date and time when carnival tear down shall be completed. A copy of this approval shall be provided to the City Planner on or before March 13, 2012. 10. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles, port -a -potties, the generator, electrical equipment, mechanical rides, and garbage shall be completed no later than 10:00 p.m. on Sunday March 18, 2012.. 11. The generator 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. 12. The Special Event area shall be cordoned off from vehicle traffic. PLN -12-00047 (Special Event Permit) —11040 Brookshire Avenue March 7, 2012 - Page 3 Resolution No. 12-2759 Downey Planning Commission 13. All necessary lighting shall be directed away from any residential uses nearby. 14. Any necessary Health Department approvals required for the sale of food shall be obtained prior to the start of the event. 15. The sale and consumption of alcoholic beverages shall be prohibited. 16. The Applicant shall obtain all permits required by the City of Downey Building and Safety Division, Police Department and Fire Department for mechanical rides, electrical connections, or other activities associated with the carnival, prior to the start of the event. 17. The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 18. Hand held signs shall not be utilized on public or private property to advertise the event. FIRE 19. The applicant shall obtain the Fire Department's approval for the use of any tents. 20. 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. 21. During the three-day event, cooking is not permitted inside buildings without the advance approval from the Downey Fire Prevention Bureau. 22. Generators shall not be refueled hot. POLICE 23. The owner/applicant must provide three (3) licensed security guards on-site during the duration of the event. PUBLIC WORKS/ENGINEERING 24. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal of food and debris. 25. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 26. 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). 27. The owner/applicant shall obtain all necessary plan approvals and permits. 28. Closure of public streets for parking purposes shall not be permitted at any time. H:\Community Development\Planning Commission\Resolutions\2012\12-2759.doc PLN -12-00047 (Special Event Permit) —11040 Brookshire Avenue March 7, 2012 - Page 4