HomeMy WebLinkAboutPC Reso 21-3147RESOLUTION NO. 21-3147
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT PERMIT (PLN -21-00079), A REQUEST TO
PERMIT THE OPERATION OF A CIRCUS FOR FIFTEEN (15) DAYS (AUGUST
27TH — SEPTEMBER 12TH), ON PROPERTY LOCATED AT 251 STONEWOOD
STREET, ZONED SP 89-1 (STONEWOOD SPECIFIC PLAN)
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 Katya Quiroga (hereinafter "Applicant") on June 4,
2021, requesting approval of a Special Event Permit to allow the operation of a
circus, on property at 251 Stonewood Street (Stonewood Mall) Downey,
California (hereinafter "Subject Site"), zoned SP 89-1 (Stonewood Specific Plan);
and,
B. On June 21, 2021, the application was deemed complete; and,
C. On July 8, 2021, 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 Downey Patriot; and,
D. On July 21, 2021, the Planning Commission voted to continue the item to a date
certain to be heard on August 18, 2021; and,
E. The Planning Commission held a duly noticed public hearing on August 18,
2021, and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing adopted this resolution.
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). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of CEQA
Class 4 exemptions include temporary uses, such as a carnival, that will have no permanent
effect on the environment.
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 proposed activity or use is consistent with the objectives, policies, and
general land uses and programs specified in the City's General Plan. The project
is consistent with the City's General Plan in that the following policies are
promoted by the Special Event Permit:
Program 1.1.5.3 — Promote recreation and entertainment uses that serve the
needs of the public.
Resolution No. 3147
Downey Planning Commission
Program 6.3.1.6 — Discourage the placement of air conditioning equipment,
electric generators, or other noise -generating equipment in close proximity to
adjacent properties.
Program 9.1.2.3 — Capitalize on the city's location within a region with an
entertainment -related economic base.
The event is open to the public, includes food booths and the entertainment tent
for attendees to enjoy. The temporary circus event adds to the diversity of
entertainment options available to the public. The event seating serves the needs
of the public by accommodating for a maximum of 1,250 people, including
accommodations for accessible seating. The food and novelty counters are also
ADA accessible to meet the needs of the general public. The tent and event
activity have been placed as far as feasible from surrounding residential uses to
keep excessive noise to a minimum. The proposed special event is consistent
with the aforementioned General Plan programs.
B. The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. Operation of a temporary circus will not alter the use of
the site in a way that would deviate from the applicable specific plan. A condition
has been placed to require that the parking lot, which is to be used for the event,
will be restored back to the condition in which it was before the event. The
proposed event location in the southwest parking lot is an area that has ample
space for this use and therefore, would not create any inconsistencies or conflicts
with other uses on site. The proposed event encourages large community
gatherings in outdoor facilities. The proposed event will be located on private
property out of the public right-of-way and the subject site is suited to provide
ample amount of parking required for the size of the event. The proposed event
satisfies the general requirements for a Special Event per the Downey Municipal
Code.
C. The proposed activity or use does not result in conditions or circumstances
contrary to the public health, safety, and general welfare. The temporary event
will occur on the southwest parking lot of the mall. The event will be served by an
ample amount of parking spaces on the mall property. The circus will provide
restroom facilities to the south of the proposed area for the event to
accommodate visitors. The entertainment tent meets ingress and egress with a
detailed site plan showing where all emergency exits are located and by providing
two (2) additional exits. The size of the entertainment tent requires five (5) exits
and the Applicant will provide seven (7). The proposed event is in conformance
with the requirements for ensuring safety and general welfare for the city.
Conditions of approval have been incorporated to address and minimize potential
concerns related to the permitted hours of event, parking, noise, security, trash
receptacle requirements, restroom, and site clean-up.
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 Event
Permit (PLN -21-00079), subject to the 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.
PLN -21-00079 — 251 Stonewood Avenue
August 18, 2021 - Page 2
Resolution No. 3147
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2021.
�Xklltc
Miguel qtarte, 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 18th day of August,
2021, by the following vote, to wit:
AYES: COMMISSIONERS: Duarte, Montoya, Ortiz and Uva
NOES: COMMISSIONERS: Owens
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Cav nagh, Secret ry
City Planning Commission
PLN -21-00079 — 251 Stonewood Avenue
August 18, 2021 - Page 3
Resolution No. 3147
Downey Planning Commission
PLN -21-00079 (SPECIAL EVENT PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
The approval of this Special Event Permit allows Circus Vargas to host a sixteen -day
circus (August 27th - September 12th) on the southwestern parking lot of the Stonewood
Mall, which consists of a large tent for the main performance, food booths, and
merchandise booth located at 251 Stonewood Street.
2. Circus hours of operation shall be limited to the schedule outlined below:
• Friday, August 27, 2021, (1 show) starting at 7:30pm
• Saturday, August 28, 2021, (3 shows) starting at 1:00pm, 4:00pm and 7:30pm.
• Sunday, August 29, 2021, (3 shows) starting at 12:30pm, 3:30pm and 7:00pm.
• Monday, August 30, 2021, (1 show) starting at 6:30pm.
• Tuesday, August 31, 2021, No Performances
• Wednesday, September 1, 2021, (1 show) starting at 7:00pm.
• Thursday, September 2, 2021, (1 show) starting at 7:00pm.
• Friday, September 3, 2021, (2 shows) starting at 4:00pm & 7:30pm.
• Saturday, September 4, 2021, (3 shows) starting at 1:00pm, 4:00pm & 7:30pm.
• Sunday, September 5, 2021, (3 shows) starting at 12:30pm, 3:30pm & 7:00pm.
• Monday, September 6, 2021, (2 shows) starting at 2:30pm & 6:00pm.
• Tuesday, September 7, 2021, No Performances
• Wednesday, September 8, 2021, (1 show) starting at 7:00pm.
• Thursday, September 9, 2021, (1 show) starting at 7:00pm.
• Friday, September 10, 2021, (2 shows) starting at 4:00pm & 7:30pm.
• Saturday, September 11, 2021, (3 shows) starting at 1:00pm, 4:00pm & 7:30pm.
• Sunday, September 12, 2021, (3 shows) starting at 12:30pm, 3:30pm & 7:00pm
3. The owner/applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
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. Approval of this Special Event 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.
PLN -21-00079 - 251 Stonewood Avenue
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Resolution No. 3147
Downey Planning Commission
6. All rules and regulations set forth by the California Department of Public Health and the
Los Angeles County Department of Public Health shall be enforced and complied with.
The applicant shall be subject to any and all applicable orders issued by these agencies
to protect the public health such as the most recent orders for social distancing and
operational restrictions related to the COVID-19 coronavirus pandemic.
7. The approved activities for the special event shall consist of one performance tent, food
booths and merchandise booth.
8. All accessory trailers, including sleeping areas, shall be placed no closer than 155' (feet)
from the north property boundary closest to Cecilia Street and shall not abut residential
properties.
9. Setup shall occur no sooner than 1:00 pm on Tuesday, August 24, 2021
10. Complete restoration of the site including any asphalt repair, tree repair, removal of
garbage on site and the surrounding proximity of the mall must be completed no later
than 11:59 p.m. on Tuesday, September 14, 2021.
11. Tree removal is not approved as part of this event, however should a tree be damaged
due to event activity, set-up, or removal; a replacement tree must be installed, of equal
maturity or equivalent box size, satisfactory to the City Planner.
12. All public sidewalks immediately surrounding the circus site must be monitored and
removed of litter throughout the event and at time of final site restoration.
13. Site configuration and operations must remain in substantial conformance with the
approved site plan. Modifications to the approved site plan must be approved by the City
Planner.
14. All circus performances shall cease by 10:00 p.m. on Sunday, September 14, 2021.
15. All necessary lighting shall be directed away from nearby residential uses. Additional
telescope lighting shall be provided in parking area to provide illuminated pedestrian
areas east of event site along Woodruff Avenue, directed away from residential
properties.
16. Temporary directional signage shall be placed to guide visitors to the designated circus
parking area on the northwest portion of the center, north of Sears.
17. All speakers associated with performances must be positioned to direct noise away from
nearby residential uses. Event must comply with applicable Downey Municipal Code
regulations related to noise.
18. Animals are prohibited from being a part of a performance or any part of this event.
19. There shall be no open fire flame or use of fire as any part of this event.
20. The sale and consumption of alcoholic beverages shall be prohibited at all times.
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Resolution No. 3147
Downey Planning Commission
21. Any necessary Health Department approvals required for the sale of food shall be
obtained no later than August 24, 2021. Appropriate documentation reflecting approval
must be submitted to the City Planner by the same day.
22. The Applicant shall obtain all permits required by the City of Downey Building and Safety
Division, Police Department and Fire Department for activities associated with the event
no later than August 24, 2021. Appropriate documentation reflecting approval must be
submitted to the City Planner by the same day.
23. Signs or banners advertising the event are not allowed outside of the proximity of the
immediate circus area. Any proposed banners must be reviewed and approved by the
City Planner prior to posting. In addition, hand held signs shall not be utilized on public or
private property to advertise the event.
BUILDING AND SAFETY
24. Temporary structures that cover an area greater than 120 square feet and used for the
gathering of 10 or more persons require permits. The construction documents shall
include a site plan indicating the location of the temporary structure and information
delineating the means of egress and the occupant load. The temporary structure shall
be located in accordance with the requirements of California Building Code Table 602
based on the fire -resistance rating of the exterior walls proposed type of construction (10
feet minimum from property line based on Type VB).
25. Temporary structures or facility shall meet the requirements of Chapter 11 B of the
California Building Code. Site plan shall include a site accessibility plan identifying
exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp,
curb ramps, handrails, signage and truncated domes. Path of travel shall be provided
from the public right of way and accessible parking to building or facility. The design
professional shall ensure that the site accessibility plan is compliance with the latest
Federal and State regulations.
PUBLIC WORKS
26. The owner/applicant shall obtain all necessary plan approvals and permits.
27. The facility must provide trash receptacles (refuse/recycles) for the proper disposal of
food items and trash generated from the event.
28. The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act; and Ordinance 1142 of
the Downey Municipal Code (DMC). Watering down parking lot for maintenance
purposes shall be prohibited at all times.
29. Parking lot maintenance by hosing down method shall be prohibited (See attached best
management practices).
30. The owner/applicant shall call Underground Service Alert (USA) to have all utility within
the vicinity of the event marked out. Removal of all utility -related Underground Service
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Resolution No. 3147
Downey Planning Commission
Alert (USA) temporary pavement markings created as part of this event within the
property, 48 hours after the event.
31. No excavation shall be permitted within five feet of any utility easement.
32. Owner/applicant shall reconstruct onsite pavement that was excavated, consisting of a
minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt
concrete pavement. Reconstruct pavement of the on-site parking that was excavated
subject to the review and approval of the Public Works and/or Community Development
Department.
FIRE DEPARTMENT
33. The following comments pertain to a fire review of a submitted design review plan(s).
The comments contained herein shall not be construed as complete or encompassing all
fire -life safety code requirements as set forth in local, State, and/or National codes.
34. The applicant shall obtain a tent permit from the Fire Department by no later than
Tuesday, August 24th. Tents and membrane structures having an area in excess of 400
square feet shall require a separate tent permit [CA Fire Code §3103.2].
35. All tents, equipment, etc. shall be in place and ready for field inspection by 10:00 am on
Friday, August 27tH
36. A Fire Safety Officer (FSO) shall staff the event's performances to ensure public safety
related to fire hazards, egress obstructions, remediation of hazards, extinguishment of
fires, and assist in evacuation [CA Fire Code §403.12.1 - §403.12.2]
37. Crowd managers (clearly identified as such via uniform, vests, shirts, etc.) shall be
provided with duties to maintain egress, assist in evacuation, and maintain fire lanes and
site access [CA Fire Code 403.12.3]
38. Tents and other fabrics used for backdrop shall comply with CA Fire Code, CA Code of
Regulations, and State Fire Marshal for flame resistance standards of fabric [CA Fire
Code §3104.3; § 3104.4; CCR Title 19 Division 1, §315(d); §335(a)]
39. Tent shall be designed and installed to withstand the elements of weather and prevent
collapsing. Documentation of structural stability shall be furnished to fire code official at
time of special event application [CA Fire Code §3103.9]
40. Generators and other internal combustion power sources shall be separated from tent by
not less than 20 feet and generators shall be isolated (e.g. protected by physical barriers
such as fencing, enclosure, or other approved means) from contact with the public [CA
Fire Code §3104.19]
41. Flammable and combustible liquids shall be stored outside in an approved manner not
less than 50 feet from tents [CA Fire Code §3104.17.2]. Any refueling operations shall
PLN -21-00079 — 251 Stonewood Avenue
August 18, 2021 - Page 7
Resolution No. 3147
Downey Planning Commission
be performed in an approved location not less than 20 feet from tent [CA Fire Code
§3104.17.3].
42. Approved cable bridges shall be provided for electrical cables where subject to physical
damage [CA Fire Code §605.5].
43. Occupant load shall be maintained at all times and not exceeded. An occupant load sign
shall be provided, conspicuous posted, and clearly visible at main entrance of tent [CA
Fire Code §1004.3].
44. The Applicant shall provide fire extinguishers in accordance with California Fire Code.
Currently serviced (e.g. tagged) 2A1 OBC fire extinguishers shall be provided and clearly
visible [CA Fire Code 906, CCR Title 19]
45. Tents shall not be located within 20 feet of parked vehicles, open flame or heating
devices, BBQs, combustion engines (e.g. generators) [CA Fire Code §3104.71
46. Smoking is not permitted inside or adjacent to the tent. No smoking signs shall be
conspicuously posted [CA Fire Code §310.3]
47. Tents with occupant load in excess of 50 persons shall have required number of exits
and illuminated exit signs and emergency lighting [CA Fire Code §3103.12.6.1]. An
emergency lighting field test shall be required and witnessed by the Downey Fire
Department at time of field inspection.
48. Exits shall be clearly marked and egress shall remain unobstructed [CA Fire Code
§1031.1; 1031.3]. The exit discharge shall provide direct and unobstructed access to a
public way [CA Fire Code §1028.5]. Vehicle parking, fencing, or other potential
obstructions to exit discharge shall not be allowed — additional clear space and NO
PARKING at each exit discharge may be required based on site plan and field review.
49. Event shall not obstruct or impede egress from any neighboring occupancy, business,
structures, and/or buildings at the Stonewood Mall.
50. Fire access shall be maintained. Fire access roads shall have an unobstructed width of
not less than 26 feet to accommodate an aerial fire apparatus [CA Fire Code 503.2.1;
D105.2] and extend to within 150 feet of all portions of tent structure [CA Fire Code
503.1.1].
51. Tent structure shall adhere to all other applicable requirements for an assembly
occupancy as it pertains to egress, egress sizing, exit signs, emergency illumination, etc.
52. Floor surface inside the tent and the grounds outside and within 30 -foot perimeter shall
be kept free of combustible waste and other combustible materials that could create a
fire hazard. Such waste shall be stored in approved containers and removed from the
premises not less than once a day during the period the structure is occupied by the
public [CA Fire Code §3107.19]
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Resolution No. 3147
Downey Planning Commission
POLICE DEPARTMENT
53. The applicant must adhere to the security plan submitted on June 4, 2021 as part of the
Special Event (PLN -19-00060) application, which has been reviewed and approved by
the Downey Police Department. Security plan shall be revised to provide security for one
hour after each event.
54. The applicant must adhere to the security plan submitted on June 4, 2021 as part of the
Special Event (PLN -19-00060) application, which has been reviewed and approved by
the Downey Police Department.
55. As a part of the security plan for this event, there must be eight (8) uniformed security
during all event hours.
56. Two traffic controllers, uniformed in highly visible or reflective clothing, must be provided
at every entrance to the shopping center.
END OF CONDITIONS
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August 18, 2021 - Page 9