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PC - 2002 - 39 - Approving Conditional Use Permit 02-880, for the Operation of a Circus as Part of a High School Fundraiser, Located at 1151 San Gabriel Boulevard0 PC RESOLUTION 02 -39 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -880, FOR THE OPERATION OF A CIRCUS 'AS PART OF A HIGH SCHOOL FUNDRAISER, LOCATED AT 1151 San Gabriel Boulevard IN THE PD (PLANNED DEVELOPMENT) ZONE. (APN: 5275-015-027,-028). WHEREAS, on June 27, 2002, Alexis Kaiser, DBA Circus Vargas, of 10323 Brockton Avenue, #8, Los Angeles,.California 90025, filed a conditional use permit application for the operation of a circus as part of a high school fundraiser located at 1151 San Gabriel Boulevard; and WHEREAS, 1151 San Gabriel Boulevard is located in the PD (Planned Development) Zoning District; and WHEREAS, Section 17.110.020(7) of the Rosemead Municipal Code (RMC) pennits the enterprises involving large assemblage of people, automobiles including circuses in any zone upon the granting of a Conditional Use Pennit (CUP). Section 17.110.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.110.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use pen and WIIEREAS, Sections 17.110.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use pennit may be granted; and WIIEREAS, on July 3, 2002, 323 notices were sent to property owners within a 300 -foot radius from the subject properly, in addition to notices posted in 10 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 02 -880; and WHEREAS, on July 15, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -880; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 02 -880 would not have potentially significant environmental impacts that could occur with this event based on an initial study completed in compliance with the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 02 -880 according to the Criteria of Chapter 17.1 10.010 of the Rosemead Municipal Code as follows: A. The eslablislunent, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof; FINDING: The operation of this circus will be held within the athletic field of Don Bosco Technical High School, which is 230,400 square feet in area. This area is large enough to accommodate the circus itself and parking for the employees and customers. Approximately'350 parking stalls will be available for this event. B. The establislunent, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental orinjurious to the property and improvements in the neighborhood. FINDING: The operators for this circus have taken measures to make sure that the event site and the surrounding area will be secure by hiring a private security team of eight attendants and also, two deputies from the Los Angeles County Sheriffs Department. The circus has several staffers that are responsible for the maintenance and post -event clean up of the circus. The event coordinators has confirmed that the school's athletic field will be clearied properly upon their departure. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. This proposed event complies with the standards in the zoning code and with the general plan. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02 -880, to allow the operation of a circus as part of a high school fundraiser, on property located at 1151 San Gabriel Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on Tidy 15, 2002, by the following vote: YES: LOI, ALARCON, BREEN, ORTIZ����K -� NO: ABSTAIN: ABSENT: kIRA SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the to Rosemead. City Clerk. PASSED, APPROVED and ADOPTED this 5 "' day of August, 2002. 1, I 'Due Loi, Chairman CERTIFICATION 0 I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 5th day of August 2002 by the following vote: YES: NO: ABSTAIN: ABSENT: Brad rd Jo son, Secretary 0 0 Rosemead Planning Commission Conditional Use Permit 02 -880 July 15, 2002 Page 4 of 4 EXHIBIT A CONDITIONAL USE PERMIT 02 -880 1151 San Gabriel Boulevard (Circus Vargas) CONDITIONS OF APPROVAL July 15, 2002 Conditional Use Permit 02 -880 are approved for the operation of a circus in accordance with the plan marked Exhibit "B". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 02 -880 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Conditional Use Permit 02 -880 is approved for a period of three days, July 29, 30, 31, 2002. Any changes in the proposed dates shall be subject to review and approval of the Director of Planning. 4. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 5. All conditions of Case No.s: CONDITIONAL USE PERMIT 02 -880 must be complied with to the satisfaction of the Director of Planning. 6. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 7. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 8. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.