HomeMy WebLinkAboutPC Reso 21-3153RESOLUTION NO. 21-3153
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SPECIAL EVENT PERMIT (PLN -21-00121) TO
CONDUCT A ONE -DAY "HARVEST FESTIVAL" ON THE PARKING LOT OF
DESERT REIGN ASSEMBLY OF GOD CHURCH, LOCATED AT 11610
LAKEWOOD BOULEVARD, ZONED C -P (PROFESSIONAL OFFICE)
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 Joyce Yasumura (hereinafter "Applicant"), on behalf of
Desert Reign Assembly of God Church, requesting approval of a Special Event
Permit to allow the operation of a one -day "Harvest Festival" on the church
parking lot, located at 11610 Lakewood Boulevard (hereinafter "Subject
Property"), zoned C -P (Professional Office); and,
B. On September 20, 2021, the project was deemed complete; and,
C. On September 22, 2021, notice of the pending public hearing was sent to all
Downey property owners within 500' of the subject site and a notice was
published in the Downey Patriot; and,
D. The Planning Commission held duly noticed public hearings on October 06, 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. 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 will be consistent with the objectives, policies, and
general land uses and programs specified in the City's General Plan. The project
aims to provide a temporary recreational use for the church's patrons and the
larger community. The following policy is promoted by the proposed Special
Event Permit:
Policy 1.1.5.3 — Promote recreation and entertainment uses that serve needs of
the public.
The event is open to the public and provides activities for enjoyment. These
recreational activities include game booths, live entertainment, and bounce
houses. Therefore, allowing the proposed activity will be consistent with the
aforementioned General Plan policy.
B. The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. The temporary operation of a festival is a permitted use
upon the granting of a Special Event Permit in accordance with Downey
Resolution No. 21-3153
Downey Planning Commission
Municipal Code Section 9420. Furthermore, the project directly complies, or has
been conditioned to comply, with all relevant provisions within Article XI of the
Downey Municipal Code. These provisions include, but are not limited to, review
process, site restoration, parking, circulation, and maximum length of event.
C. The proposed activity or use will not result in conditions or circumstances contrary
to the public health, safety, and general welfare. The temporary nature of the
event, and experience from previous events, indicates that no lasting effects will
occur to the public health, safety, and general welfare of the community. In
addition, all conditions of approval have been incorporated in an effort to mitigate
potential nuisances. The length of the event, hours of operation, clean up and
restoration, layout, and location of mechanical equipment have been selectively
chosen to reduce potential burdens placed upon neighboring properties. Lastly,
security personnel will be on site at all times.
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 this Special Event
Permit (PLN -21-00121), subject to the conditions of approval attached hereto, 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 6th day of October 2021.
Miguel 66arte, 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 6th day of October
2021, by the following vote, to wit:
AYES: COMMISSIONERS: Duarte, Montoya and Ortiz
ABSENT: COMMISSIONERS: Owens and Uva
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Mary Ca anagh, Secret
City Planning Commission
PLN -21-00121 — 11610 Lakewood Blvd
October 6, 2021 - Page 2
Resolution No. 21-3153
Downey Planning Commission
CONDITIONS OF APPROVAL
SPECIAL EVENT PERMIT (PLN -21-00121)
PLANNING
The approval of this Special Event Permit (PLN -21-00121) allows Desert Reign Assembly
of God Church to host a one -day festival on October 31, 2021, from 5:30 p.m. to 8:30 p.m.
within the church parking lot, on property located at 11610 Lakewood Blvd. Approved
activities include: various carnival game booths, inflatable rides, and live entertainment, all
taking place within the north parking lot of the church's property.
2. 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.
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. Prior to October 21, 2021 the applicant and the property owner shall sign an affidavit of
Acceptance of Conditions, as provided by the City of Downey.
5. 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.
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 orders for social distancing and operational restrictions
related to the COVID-19 coronavirus pandemic.
7. The site must be in full conformance with the approved set of plans, including but not
limited to the location of generators, inflatables, booths, and stage.
8. Setup for the event shall occur no earlier than 8:00 a.m. on Thursday, October 31, 2021.
Site cleaning activities shall not take place past 11:00 p.m. on Thursday, October 31, 2021.
9. Portable light generators may be brought to the property the day before the event.
10. The Applicant shall provide sufficient trash and recycling receptacles on-site for the
PLN -21-00121 — 11610 Lakewood Blvd
October 6, 2021 - Page 3
Resolution No. 21-3153
Downey Planning Commission
disposal of food and debris.
11. The Applicant shall have volunteers patrol the parking areas and the site perimeter to pick-
up trash and litter during all hours of the event. In addition, the applicant shall be
responsible to clean up and remove all trash on the public streets surrounding the property,
no later than 11:00 p.m. the day of the event.
12. All speakers for amplified noise shall be directed away from adjacent residential areas.
13. The festival area shall be cordoned off from vehicle traffic, including the on-site parking
area.
14. The sale of alcoholic beverages on the subject property is prohibited at all times.
15. All Health Department approvals required for the sale or serving of food shall be obtained
not less than two days before the start of the event.
BUILDING & SAFETY
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 event on or before Thursday, October
21St, 2021.
17. Temporary structures that cover an area greater than 120 square feet or 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).
18. 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.
FIRE
19. Obtain a special event permit from City of Downey Fire Department. Permit shall be
obtained through the Fire Prevention Bureau no later than seven (7) business days prior to
event — special event permit application shall be submitted no later than Thursday, October
21 st, 2021.
20. Event set-up including all rides, booths, generator, tents, fire protection, electrical, etc. shall
be complete, in place, and ready for inspection by 4:00pm (16:00 hours) on Oct. 31 st.
[Note: If inspection is conducted after hours (or on the weekend) an additional inspection
fee (4 hour minimum) will be applied as per city fee schedule].
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Resolution No. 21-3153
Downey Planning Commission
21. Fire apparatus access (e.g. fire lane) shall be maintained accessible at all times. No event
tent, canopy, rides, cooking, stage, etc. shall be placed in fire access lane on west side of
church building. Fire lane entering off Hall Road entering the church property shall be kept
clear and free of obstructions [CA Fire Code §503.1.1; 503.2.1; 503.4].
22. Tents, canopies, and membrane structures having an area in excess of 400 square feet; or
tents open on all sides having a size of 700 square feet or more; or aggregate area of
multiple tents placed side by side without a fire break clearance of 12 feet and exceeding
700 square feet shall require a separate tent permit [CA Fire Code 3103.2].
23. Tents 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)].
24. Tents/canopies shall not be located within 20 feet of parked vehicles, open flame or
heating devices, combustion engines, and buildings [CA Fire Code § 3104.7].
25. Tents/canopies shall be adequately secured, anchored, roped, or braced to withstand the
elements of weather and prevent structural collapse [CA Fire Code § 3103.9].
26. Generators, if used, shall not be located within 10 feet of lot (property line) and 20 feet of
tents/membrane structures [CA Fire Code § 3104.19]. An approved barrier (e.g. fencing)
shall be provided around generator.
27. SFM-tagged 4A-20BC rated extinguisher shall be provide at the generator as per NFPA 10
and CA Fire Code §906.
28. No cooking shall be conducted inside tents or canopies; cooking and heating equipment
shall not be located within 10 feet of combustible materials [CA Fire Code § 3104.15.3]. If
cooking is to be conducted, please show area of cooking on updated site map. Updated
site map shall be submitted to Downey Fire at time of special event permit application.
29. The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. Areas where deep frying cooking operations are occurring shall be
provided with a K -class fire extinguisher. All extinguishers shall be in good repair, serviced,
and with CA SFM-tag affixed indicating required annual service complete.
30. Maintain occupant load in all structures, buildings, tents, canopies as per California Fire
Code. Occupant load signs, where required, shall be conspicuously posted [CA Fire Code
§ 3104.14; §1004.3].
31. Egress from church building shall not be obstructed by event. Egress (exiting from church)
shall be maintained accessible and unobstructed at all times [CA Fire Code § 1031.2].
32. All electrical cords shall be UL -listed and rated for heavy-duty, outdoor use and protected
from physical damaged by cable bridges or other approved methods [CA Fire Code §
605.5].
33. Each mechanical amusement ride shall display the required State registration
(identification & rating plate). At time of special event application, submit list of rides with
their corresponding current annual permit to operate.
34. Inflatable rides shall be properly and securely anchored as to prevent tipping -over.
PLN -21-00121 — 11610 Lakewood Blvd
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Resolution No. 21-3153
Downey Planning Commission
POLICE
35. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event.
36. Festival security officers shall be easily identifiable in brightly colored security shirts. The
security shirts shall not resemble the shirt/uniform colors of Downey Police officers; they
shall not be blue or black. All security guards shall wear shirts with "SECURITY" written in
large white letters on the front, back, and around arm sleeve bands. The security guards
shall be unarmed.
PUBLIC WORKS/ENGINEERING
37. The owner/applicant shall obtain all necessary plan approvals and permits.
38. The facility must provide adequate trash receptacles (refuse/recycle) for the event.
39. 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).
40. Parking lot maintenance by water hosing method shall be prohibited at all times (refer to
Attachment A: Best Management Practice).
41. Closure of public streets for parking purposes shall not be permitted at any time.
42. Handicap stalls in the south parking area must remain handicap accessible.
43. The owner/applicant shall provide sufficient restroom facilities for patrons.
END OF CONDITIONS
PLN -21-00121 —11610 Lakewood Blvd
October 6, 2021 - Page 6