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HomeMy WebLinkAbout4.PLN-12-00233-9001 Paramount BlvdSTAFF REPORT DATE: OCTOBER 17, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT AARON LOBLINER, PLANNING INTERN SUBJECT: PLN-12-00233 (SPECIAL EVENT PERMIT) – A REQUEST TO CO NDUCT A THREE-DAY OUTDOOR CARNIVAL ON OCTOBER 26, OCTOBER 27, AND OCTOBER 28, 2012, IN THE PARKING LOT OF ST. RAYMOND’S CHURCH LOCATED AT 12348 PARAMOUNT BOUL EVARD, ZONED R-1 5,000 (SINGLE- FAMILY RESIDENTIAL). CEQA Staff has reviewed the proposed special event for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been 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-12-00233 (SPECIAL EVENT), TO PERMIT THE OPERATION OF A THREE-DAY ANNUAL CARNIVAL, (OCTOBER 26, 27 AND 28, 2012 ) ON PROPERTY LOCATED AT 12348 PARAMOUNT BOULEVARD, ZONED R-1 5,00 0 (SINGLE-FAMILY RESIDENTIAL). 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 12348 Paramount Boulveard SITE DESCRIPTION A. Subject Property 1. Property Information: Site Location: 12348 Paramount Boulevard AIN 6259-011-032, 033, 049 & 050 2. Applicant Information: Property Owner: Archdiocese of Los Angeles 3424 Wilshire Blvd. Los Angeles, CA 90010 Applicant: Mr. John Higgins Saint Raymond’s Catholic Church 12348 Paramount Boulevard Downey, CA 90242 (562) 923-4509 3. CEQA Determination : Categorically Exempt, Class 4 4. Noticing Information : Applicant Notification: October 8, 2012 Decision Deadline: December 7, 2012 PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 2 B. Surrounding Properties Zone Use North C-2 Retail East R-1 5,000 Single-Family Residential R-1 5,000 Single-Family Residential West R-1 5,000 Single-Family Residential South BACKGROUND The subject site is a 4.27-acre, irregular-shaped lot that is located on the east side of Paramount Boulevard, between Quoit Street and Conrad Street. The subj ect site is improved with five (5) buildings, which comprise Saint Raymond’s Catholic Church. The northeasterly building (facing Conrad Street) is approximately 21,594 square feet in size and is the Sanctuary and the school. The northwesterly building (fac ing Paramount Boulevard) is approximately 13,982 square feet in size and is a Parish hall. The southeasterly building (facing Quoit Street) is approximately 3,990 square feet in size and is a convent. The southwesterly building (facing Quoit Street) is approximately 6,097 square feet in size and is a rectory. The easterly building (adjacent to the single family houses) is approximately 15,014 square feet in size and is the school classrooms. The existing parking area for the site that the carnival will be conducted on is centrally located and has a total of 224 parking spaces. The property has a General Plan Land Use Designation of S-PR (School-Private) and is zoned R-1 5,000 (Single Family Residential). Saint Raymond’s Catholic Chur ch was originally approved under Zone Exception No. 104 in 1959. On September 6, 2012, the applicant submitted an application requesting permission to conduct a carnival on the parking lot of the Church (attached) on October 26, 27 and 28, 2012. On September 26, 2012 staff deemed the application complete. On October 4, 2012, notice of the pending application was published in the Downey Patriot . Additionally, the notice was mailed to all property owners within 500’ on the subject site on October 5, 2012. DISCUSSION/ANALYSIS The applicant’s request is to conduct a three-day outdoor carnival on October 26, 27, and 28, 2012. The proposed ou tdoor carnival will take pl ace in the Church’s parkin g lot. The hours for the proposed outdoor carnival will be as follows: Friday, October 26, 2012, between the hours of 4:00 p.m. and 11:00 p.m. Saturday, October 27, 2012, between 10:00 a.m. and 11:00 p.m. Sunday, October 28, 2012, between 1:00 p.m. and 10:00 p.m. The applicant is proposing to begin set-up on Wednesday, October 24, 2012, and on Thursday October 25, 2012, from daylight hours to no later than 10:00 p.m. According to the applicant, the event will include various carnival rides, a haunted house (located in side the existing Parish hall), a beer garden, carnival booths, a stage, food booths, and a grill area. Clean up is proposed to begin on Monday, October 29, 2012, during daylight hours to no later than 10:00 p.m. Additionally, staff is recommending a condition of approval that requires the applicant to have a minimum of three (3) licensed uniformed security guards patrolling the outdoor carnival, which shall include one licensed uniformed security guard to be located at the beer garden. PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 3 The applicant is proposing to use amplified music during the event. In order to avoid potential impacts to the surrounding residences, the applicant is proposing to locate the speakers away from homes, facing Paramount Boulevard; therefore, mitigating the potential noise impact on adjacent properties. However, staff has recommended a condition of approval to allow the Police Department to require music to be turned down or stopped, should they receive excessive complaints about noise. In addition to noise, staff is concerned about accumulation of litter on the site and surrounding area. Accordingly, staff is recommending a condition of approval that requires the applicant to have a roving patrol of volunteers to pick-up litter from the site (including parking lots) and adjoining sidewalk. Furthermore, the applicant sent out letters to Saint Raymond’s neighbors informing them about the upcoming event and giving them a phone number in case they have any concerns about parking, trash, noise, etc. (See attached letter). Finally, staff would like to address concerns abou t parking. The applicant’s proposal will include closing the parking lot on the subject property. It is staff’s opinion that this will not present a parking issue for the event because the applicant has secured the approval of Downey First Church at 7936 Quill Drive, The Church of Jesu s Christ of Latter-Day Saints (Mormon Church) located at 12545 Orizaba Avenue, and former Beach’s Market at 7900 Imperial Highway to utilize their parking during the outdoor carnival (See attached letters from Beach’s Market and Downey First Church, and insurance agreement with the Mormon Church). FINDINGS Pursuant to the requirements of the Municipal Code, the following findings shall be made in order for the Planning Commission 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. The City of Downey General Plan Program No. 1.1.5.3 states, the City shall “promote recreation and entertainment uses that serve the needs of the public.” Inasmuch as the proposed event is a community event that is open to the public and will include live entertainment, games, and rides for attendees to enjoy, it is staff’s opinion that allowing this event will be consistent with the af orementioned Gene ral Plan program. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The proposed special event will be located within the R-1 5,000 (Single Family Residential) zone, where special events such as outdoor carnivals and festivals are permitted, subject to Section 9420.04 of the Downey Municipal Code. It is staff’s belief that the three-day outdoor carnival will not impinge on the surr ounding properties; since the special event is not a permanent alteration to the site. The applicant proposes to utilize parking located at the Downey First Church, the Mormon Church, and Beach’s Market for the event. In staff’s opinion, the parking needs for the site will not be affected by the proposed event, since there will be over 500 parking spaces available to meet the parking needs during the outdoor carnival. Therefore, the special event is consistent with the other provisions of Article IX of the Municipal Code. PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 4 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. It is staff’s opinion that approving the Special Event Permit 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 in which staff believe will prev ent the event from impact ing surrounding sites. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION After considering the information provided by the applicant and contained in this report, staff feels that any potential impacts can be mitigated with the recommended conditions of approval. As such, staff recommends that the Planning Commission approve PLN-12-00233 (Special Event) – A request to permit the operation of a three-day outdoor carnival, which includes rides, game booths, food sales, and live entertainment on October 26, 27, and 28, 2012, in the parking lot of St. Raymond’s Catholic Church, on pr operty located at 12348 Paramount Boulevard, zoned R-1 5,000 (Single Family Residential), subject to the conditions of approval contained in Resolution No. 12-2730. H:\Community Development\Lobliner\Cases and entitlements\PLN-12-00233 SE at 12348 Paramount PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 5 E 1 XHIBIT A P ERIAL HOTOGRAPH Sub ect Site j NORTH CITY OF DOWNEY PLANNING DIVISION PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 6 E 2 XHIBIT Zoning Sub j ect Site NORTH CITY OF DOWNEY PLANNING DIVISION PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 7 RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-12-00233 (SPECIAL EVENT) , TO PERMIT THE OPERATION OF A THREE- OUTDOOR CARNIVAL, (OCTOBER 26, 27 AND 28, 2012) IN THE PARKING LOT OF ST. RAYMOND CATHOLIC CHURCH ON PROPERTY LOCATED AT 12348 PARAMOUNT BOULEVARD, ZONED R-1 5,000 (SINGLE-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 September 6, 2012, an application was filed by John Higgins (hereinafter “Applicant”) requesting approval of a Special Event Permit to allow the operation of a three-day outdoor carnival, on property 12348 Paramount Boulevard (St. Raymond Catholic Church), Downey, California (hereinafter “Subject Site”), zoned R-1 5,000 (Single Family Residential); and, B. On October 4, 2012, notice of the pending public hearing was sent to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot ; and, C. The Planning Commission held a duly noticed public hearing on October 17, 2012, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 12- , 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. 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. The City of Downey General Plan Program No. 1.1.5.3 states, the City shall “promote recreation and entertainment uses that serve the needs of the public.” Inasmuch as the proposed event is a community event that is open to the public and will include live entertainment, games, and rides for attendees to enjoy, it is staff’s opinion that allowing this event will be consistent with the aforementioned General Plan program. B. That the proposed activity or use will be consistent with other provisions of Article IX of the Downey Municipal Code. The proposed special event will be located within the R-1 5,000 (Single Family Resident ial) zone, where special events such as outdoor carnivals and festivals are permitted, subject to Section 9420.04 of the Downey Municipal Code. It is staff’s belief that 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 applicant proposes to utilize parking Resolution No. 12- Downey Planning Commission located at the Downey First Church, the Mormon Church, and Beach’s Market for the event. In staff’s opinion, the parking needs for the site will not be affected by the proposed event, since there will be over 500 parking spaces available to meet the parking needs during the outdoor carnival. Therefore, the special event is consistent with the other provisions of Article IX of the Municipal Code. C. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. It is staff’s opinion that approving the Special Event Permit will not result in conditions contrary to the public health, safety and general welfare giv en that it is a temporary three-day outdoor event. Nevertheless, staff is recommending several conditions of approval in which staff believe 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-12-00233 (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. th PASSED, APPROVED AND ADOPTED this 17 day of October 2012. Michael Murray, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 17 day of October 2012, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: NOES: COMMISSIONERS: __ Theresa Donahue, Secretary City Planning Commission PLN-12-00233 – 12348 Paramount Blvd. October 1 7, 2012 - Page 2 Resolution No. 12- Downey Planning Commission PLN-12-00233 (SPECIAL EVENT) EXHIBIT A - CONDITIONS PLANNING 1) This approval of PLN-12-00233 (Special Event) allows the Applicant to host a three-day outdoor Carnival on the parking lot area of the Saint Raymond Catholic Church at 12348 Paramount Boulevard. The proposed hours fo r the carnival shall be as follows: Friday, October 26, 2012, between the hours of 4:00 p.m. and 11:00 p.m. Saturday, October 27, 2012, between the hours of 10:00 a.m. and 11:00 p.m. Sunday, October 28, 2012, between the hours of 1:00 p.m. and 10:00 p.m. 2) Live music for the event shall cease by 11:00 p.m. on Friday, October 26 and Saturday October 27, and by 9:30 p.m. on Sunday, October 28, 2012. 3) Approved activities for Special Event Permit (PLN-12-00233) shall consist of: Six “Big” rides; Six “Kiddy” rides; One haunted house (within the existing Parish hall); One 40’ by 40’ beer garden; Three 10’ x 10’ food booths; Two 20’ x 20’ food booths; One 10’ x 20’ grill area; Game area with approximately ten 4’ x 8’ tables; One 20’ x 20’ game area; Twenty-fixe 10’ x 10’ rental booths; One 3 ft. high raised 12’ x 24’ stage. The 4) 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, organized member(s) shall walk around the premises to remove trash on the subject site (including parking lots) and the adjacent sidewalks and neighborhood. 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, October 28, 2012. 8) Set up may begin Wednesday, October 24, 2012 and shall occur only between the hours of 7:00 a.m. to 10:00 p.m. 9) Clean up activities, which include the removal of all tables and chairs, booths, trash receptacles, stage, electrical equipment, mechanical rides, and garbage shall be removed between 7:00 a.m. and 10:00 p.m. on Monday, October 29, 2012. PLN-12-00233 – 12348 Paramount Blvd. October 1 7, 2012 - Page 3 Resolution No. 12- Downey Planning Commission 10) Any necessary Health Department approvals required for the sale of food shall be obtained prior to the start of the event. 11) The sale of alcoholic beverages shall comply with the requirements of the State Department of Alcoholic Beverage Control. 12) The sale and consumption of alcoholic beverages shall be contained within the “beer garden” area. 13) All required Building Department, Police D epartment and Fire Department permits shall be obtained prior to the start of the event. 14) If a generator is to be used, it 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. POLICE 15) The owner/applicant must provide three (3) licensed security guards on-site during the duration of the event (October 26, 27 and 28, 2012). At least one of the security guards shall be stationed in the beer garden. PUBLIC WORKS/ENGINEERING 16) Provide sufficient trash receptacles for the disposal of food and other debris. 17) Parking areas shall be swept clean after the event; there shall be no hosing down of the parking area. 18) The owner/applicant shall maintain the public right-of-way free from any trash and waste disposal and comply with the National Pollu tant 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). 19) Closure of public streets for parking purposes shall not be permitted at any time. FIRE 20) The Applicant shall obtain the Fire Department’s approval for the use of any tents. 21) 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 building and safety. 22) During the three-day event, cooking is not permitted inside buildings without the advance approval from the Downey Fire Prevention Bureau. 23) Generators shall not be refueled hot. H:\Community Development\Lobliner\Cases and entitlements\PLN-12-00233 SE at 12348 Paramount PLN-12-00233 – 12348 Paramount Blvd. October 1 7, 2012 - Page 4 Resolution No. 12- Downey Planning Commission PLN-12-00233 – 12348 Paramount Blvd. October 17, 2012 - Page 5