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Home My WebLink About6. PLN-12-00235- 12145 WoodruffSTAFF REPORT DATE: OCTOBER 3, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-12-00236 (SPECIAL EVENT) – A REQUEST TO ALLOW IGLESIA DE CRISTO CHURCH TO CONDUCT A ON E-DAY HARVEST FESTIVAL ON SATURDAY, OCTOBER 13, 2012 FROM 9:00 AM TO 8:00 PM, AT 12145 WOODRUFF AVENUE, ZONED C-1 (NEIGHBORHOOD COMMERCIAL) CEQA Staff has reviewed the proposed special event for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15304(e), 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 the California Environmental Quality Act. Class 4 consists of minor alterations to the condition of land, including approval of temporary land uses that have a negligible or no permanent effects on the environment. It is staff’s opinion that the temporary outdoor event will not have a permanent effect on the environment; therefore it qualifies for the Class 4 exemption. RECOMMENDATION: Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-12-00236 (SPECIAL EVENT), A REQUEST TO ALLOW IGLESIA DE CRISTO CHURCH TO CONDUCT A ONE-DAY HARVEST FESTIVAL ON SATURDAY, OCTOBER13, 2012 , FROM 9:00 AM TO 8:00 PM, AT 12145 W OODRUFF AVE, ZONED C-1 (NEIGHBORHOOD COMMERCIAL) CODE AUTHORITY Section 9420 of the Downey Municipal Code (S pecial Events) provides the regulations for special events. It states that if an event is of a scale or use that may result in extensive potential impacts to the community, even temporary, t he City Planner may forward the Special Event Permit application to the Planning Commission for their decision. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE LOCATION 12145 Woodruff Ave SITE DESCRIPTION A. Subject Property 1. Property Information: Site Location: 12145 Woodruff Ave AIN 6283-013-026 2. Applicant Information: Property Owner: Mr . Edwin Lopez Iglesia de Cristo Ministerios Llamada Final 12145 Woodruff Avenue Downey Ca, 90241 3. CEQA Determination: Categorically Exempt, Class 4 4. Noticing Information: Applicant Notification: September 20, 2012 : B. Surrounding Properties Zone Existing Use North Small Retail Center M-1 (Light Manufacturing) & East P-B (Parking Buffer) Various Industrial Uses South West R1-5000 (Single-Family Residential) Single Family Homes PLN-12-00236 – 12145 Woodruff Ave October 3, 2012 - Page 2 BACKGROUND On September 7, 2012, the Planning Division received a Land Use Permit Application (PLN 12- 00235) from Mr. Edwin Lopez, to request the Planning Commission’s approval of a special event permit for a Harvest Festival at Iglesia de Cristo Church, which is located at 12145 Woodruff Avenue in Downey. Mr. Lopez proposes the event to take place on Saturday October 13, 2012, from 9:00 a.m. to 8:00 p.m. The subject site is approximately 7.8 acres and is irregularly shaped. It is located behind the southwest corner of Woodruff Avenue and Washburn Road. The subject site is zoned C-1 (Neighborhood Commercial) and is improved with two office buildings, an assembly building, landscaping and 418 off-street parking spaces along the westerly and southerly sides of the subject property. The southwestern parking lot area, which is adjacent to industrial uses (to the south) and single-family residential uses (to the west), is the site of the proposed Harvest Festival. DISCUSSION The Harvest Festival PLN 12-00236 proposes is intended to benefit the Church’s religious services. In a letter submitted with the application materials, Mr. Lopez states that the church anticipates as many as 500 people will attend the special event at any particular time. Activities at the harvest festival include carnival type games, pony rides, jumpers, a bookstore, lottery, live music, and food and beverages (no alcohol). The church will utilize se venty-five (75) tents for these activities. The church will reserve approximately 228 standard parking spaces and ten (10) ADA accessible parking spaces on the site, with an additional 180 parking spaces provided off-site. Ten portable restrooms will be available to the event guests, in addition to restrooms in the office buildings. The Applicant does not intend to hire musicians for the harvest festival; however, church members will perform on the stage during the event. Their activities, as well as the music associated with the carnival rides, will be amplified. The carnival will be set up in the southerly (Paramount) parking lot, more than 300 feet from the residential properties to the west. Over the past few years, Iglesia de Cristo Church has conducted special events on the site, which have attracted large numbers of guests who enjoy the festivities. With each event, the Church has become more effective at dealing with impacts the events have created that effect the residential properties nearby. Those issues have involved automo bile parking on public streets, traffic, trash accumulation on the adjacent residential properties, and concerns about the sheer numbers of people who attend the events. Although the Church has implemented measures to address these issues in the past, Mr. Lopez’ letter does not discuss them. Therefore, staff prepared conditions of approval to address security, parking control in the vicinity, neighborhood clean-up, set-up activities, and site clean-up. FINDINGS Pursuant to the requirements of the Municipal Code, staff recommends that the Planning Commission make the following findings to approve the request. 1. 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. General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,” which in part is implemented by Program 8.4.3.2 that states “Support and encourage community PLN-12-00236 – 12145 Woodruff Ave October 3, 2012 - Page 3 events…” The proposed Special Event Permit will allow a one-day festival that is open to the community and will have family friendly activities. As such, approval of the festival is consistent with the General Plan Policy 8.4.3. 2. That the proposed activity or use will be consistent with other provisions of this article. The proposed activity is located within the C-1 (Neighborhood Commercial) zone where special events such as outdoor events and fest ivals are permitted, subject to the approval of the City Planner or the Planning Commission. Said special event will occur within the southerly portion of the church in a parking lot. Temporary structures will be utilized and operation of the event will not hinder vehicular movements on site or off site, nor create impacts unto adjoining properties. Also, there is sufficient parking on-site and the applicant is providing additional parking spaces at the various locations nearby. As such, the festival is consistent with the provisions of Article IX. 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event PLN Case No.-12-00236 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. CONCLUSION Staff supports the proposed Harvest Festival and recommends that the Planning Commission adopt a resolution approving PLN-12-00236, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution H:\Community Development\Davis\cases\Special Events\PLN-12-00236 (12145 Woodruff Iglesia de Cristo)\staff report.doc PLN-12-00236 – 12145 Woodruff Ave October 3, 2012 - Page 4 ZONING MAP SUBJECT PROPERTY ZONING LEGEND DDSP Downtown Downey Specific Plan R-1 Single-Famil y Residential R-2 Two-Family Residential R-3 Multiple-Fam ily Residential C-2 General Commercial P-B Parking Buffer C-M Commercial Manufacturing H-M Hospital-Medical Arts C-P Professional Office M-2 General Manufacturing PLN-12-00236 – 12145 Woodruff Ave October 3, 2012 - Page 5 éçúò÷ùè ìêíì÷êèã ÷æ÷îè ûê÷û A ERIAL PHOTOGRAPH SITE PHOTOGRAPH PLN-12-00236 – 12145 Woodruff Ave October 3, 2012 - Page 6 RESOLUTION NO. 12-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-12-00236 (SPECIAL EVENT), A REQUEST TO ALLOW IGLESIA DE CRISTO CHURCH TO CONDUCT A ONE-DAY HARVEST FESTIVAL ON SATURDAY, OCTOBER13, 2012, FROM 9:00 AM TO 8:00 PM, AT 12145 WOODRUFF AVE, ZONED C-1 (NEIGHBORHOOD COMMERCIAL) 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 September 7, 2012, Edwin Lopez, submitted a Land Use Permit Application (PLN 12-00236) to request the Planning Commission’s approval of a special event permit for a Harvest Festival at Iglesia De Cristo Church, located at 12145 Woodruff Avenue (hereinafter "Subject Property"). B. The subject property is zoned C-1 (Neighborhood Commercial). C. On September 20, 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. D. The Planning Commission held a duly noticed public hearing on October 3, 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 devel opment 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. General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,” which in part is implemented by Program 8.4.3.2 that states “Support and encourage community events…” The proposed Special Event Permit will allow a one-day festival that is open to the community and will have family friendly activities. As such, approval of the festival is consistent with the General Plan Policy 8.4.3. B. That the proposed activity or use will be consistent with other provisions of this article. Resolution No. 12-____ Downey Planning Commission The proposed activity is located within the C-1 (Neighborhood Commercial) zone where special events such as outdoor events and festivals are permitted, subject to the approval of the City Planner or the Planning Commission. Said special event will occur within the southerly portion of the church in a parking lot. Temporary structures will be utilized and operation of the event will not hinder vehicular movements on site or off site, nor create impacts unto adjoining properties. Also, there is sufficient parking on-site and the applicant is providing additional parking spaces at the various locations nearby. As such, the festival is consistent with the provisions of Article IX. C. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event PLN Case No.-12-00236 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 believe s 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-12-00236 (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 ___ day of _____ 2012. Michael Murray, 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 ___day of October, 2012, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission PLN-12-00082 – 12145 Woodruff Ave April 18, 2012 - Page 2 Resolution No. 12-____ Downey Planning Commission PLN-12-00236 (SPECIAL EVENT) EXHIBIT A - CONDITIONS PLANNING 1. This approval of PLN-12-00236 (Special Event) allows Iglesia de Cristo Ministerios Llamada Final Church to operate a Harvest Festival on Saturday, October 13, 2012, from 9:00 a.m. to 8:00 p.m. 2. Approved activities for the Harvest festival shall consist of carnival type games, pony rides, jumpers, a bookstore, lottery, live music, and food and beverages (no alcohol). 3. The Applicant will utilize seventy-five (75) tents for the harvest festival activities and provide approximately 228 standard parking spaces and ten (10) ADA accessible parking spaces on the site, with an additional 180 parking spaces provided off-site. Ten portable restrooms will be available to the event guests, in addition to restrooms in the office buildings. 4. 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. 5. 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. 6. 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 every two (2) hours to remove trash on the subject site (including parking lots) and the adjacent streets. 7. If a temporary generator is to be used, it shall not exceed a noise level of 65 dBA. 8. Loudspeakers for amplified sound shall not face the adjoining residential properties. 9. All outdoor activities shall cease by 8:00 p.m. on Saturday, October 13, 2012. 10. Set-up will begin Friday, October 12, 2012, between the hours of 7:00 a.m. and 7 p.m. 11. Site clean-up activities, which include the removal of all canopies, jumpers and garbage, shall be completed Sunday, October 14, 2012, between the hours of 7:00 a.m. and 7:00 p.m. 12. The Applicant shall obtain all permits requir ed 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. 13. The owner/applicant is required to provide paved off-street parking for the event attendees and hold letters of agreement from the pr operty owners for any off-street parking arrangement. Said off-street parking shall be located at 12229 Woodruff Avenue, 12152 Woodruff Avenue, 12209 Woodruff Avenue, 12105-12147 Woodruff Avenue, 12222 PLN-12-00082 – 12145 Woodruff Ave April 18, 2012 - Page 3 Resolution No. 12-____ Downey Planning Commission Woodruff Avenue, 12200 Woodruff Avenue, 12049 Woodruff Avenue, 9545 Washburn Road and 9501 Washburn Road. 14. All necessary lighting fixtures shall face the main event (booths and stage) and the Applicant shall direct them away from Cornuted Avenue and away from any residential uses. 15. The sale and consumption of alcoholic beverages shall be prohibited. 16. The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 17. Hand held signs shall not be utilized on public or private property to advertise the event. 18. 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 pr omptly 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 FIRE 19. The applicant shall obtain the Fire Department’s approval for the use of any tents. 20. If a generator is to be used, it shall be located a minimum distance of 10 feet from any structure. 21. All tents, extinguishers and electrical work must in place by 4:00 p.m. on the Friday before the event (October 12, 2012) to enable an inspection by the fire department and building and safety. PUBLIC WORKS/ENGINEERING 22. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal of food and debris. 23. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 24. 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). PLN-12-00082 – 12145 Woodruff Ave April 18, 2012 - Page 4 Resolution No. 12-____ Downey Planning Commission 25. Closure of public streets for parking purposes shall not be permitted at any time. BUILDING 26. Handicap stalls in the parking area must remain accessible for all uses. PLN-12-00082 – 12145 Woodruff Ave April 18, 2012 - Page 5