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HomeMy WebLinkAbout5.PLN-12-00242 -12808 Woodruff AveSTAFF REPORT DATE: OCTOBER 17, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-12-00242 ( SPECIAL EVENT) - A REQUEST TO CONDUCT A ONE-DAY OUTDOOR “ALTERNATIVE NIGHT” EVENT WITHIN THE PARKING LOT OF AN EXISTING CHURCH (CAL VARY CHAPEL) ON WEDNESDAY, OCTOBER 31, 2012, FROM 5:00 PM TO 9:00 PM, ON THE PARKING LOT OF PROPERTY LOCATED AT 128 08 WOODRUFF AVENUE, ZONED C-2 (GENERAL COMMERCIAL). CEQA Staff has reviewed the proposed application 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 (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 Calif ornia 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-12-00242 ( SPECIAL EVENT) - A REQUEST TO CONDUCT A ONE-DAY OUTDOOR “ALTERNATIVE NIGHT” EVENT WITHIN THE PARKING LOT OF AN EXISTING CHURCH (CALVARY CHAPEL) ON WEDNESDAY, OCTOBER 31, 2012, FROM 5:00 PM TO 9:00 PM, ON THE PARKING LOT OF PROPERTY LOCATED AT 12808 WOODRUFF AVENUE, ZONED C-2 (GENERAL COMMERCIAL). CODE AUTHORITY The applicant is making this request pursuant to the provisions of Downey Municipal Code Section 9420.20 which lists this type of event as a “Special Outdoor Event – Residential Zones or Land Uses”. The Planning Commission’s authority to act on it is pursuant to Municipal Code Section 9420.04 (b) which states that the City Planner may forward a Special Event Permit application to the Comm ission if the use may result in extensive potential and/or temporary impacts to the community. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE LOCATION 12808 Woodruff Avenue SITE DESCRIPTION A. Subject Property: 1. Property Information: Site Location: 12808 Woodruff Avenue APN: 6283-024-007 & 008 Applicant Information: 2. Calvary Chapel of Downey Property Owner: 12808 Woodruff Avenue Downey, CA 90242 Representative: Hector Gonzales Calvary Chapel Downey 12808 Woodruff Avenue Downey, CA 90242 3. CEQA Determination: Categorically Exempt, Class 4 – Minor Alterations to Land B. Surrounding Properties: Zone Use North R-1, 5000 (Single Family Residential) Single Family Residences East R-3 (Multi-Family Residential) Apartment Buildings R-1, 5000 (Single Family Residential) Downey Adult School South and C-2 (General Commercial) West R-1, 5000 (Single Family Residential) Single Family Residences PLN-12-00242 – 12808 Woodruff Avenue October 17, 2012 - Page 2 C. Partial Photograph of Subject Property: BACKGROUND/ DISCUSSION The subject site is an approximately 12 acre irregular-shaped corner lot located on the southeast corner of Woodruff Avenue and Imperial Highway. The subject site is zoned C-2 (General Commercial). It is developed with a ch urch, parochial school, gymnasium, offices, child care facilities, and kitchen room. Additionally, an 890 space parking lot surrounds the building, with the majority of the field of parking being located on the north and west sides of the building. The applicant’s request is for Planning Commission approval to conduct an outdoor special event on Wednesday, October 31, 2012, from 5:00 p.m. to 9:00 p.m. The applicant will close down the north parking lot to setup the event. The event will include two obstacle courses, two jumpers, a mechanical train, bungee run, food area and various other activity/fun booths. Set-up is conditioned to begin at 12:00 p.m. the day of the event, and clean-up is conditioned to be completed by 6:00 p.m. Thursday, November 1, 2012. The applicant estimates that there will be approximately 300-400 guests in attendance. The applicant is proposing to use amplified sound during the event. In order to avoid potential impacts to the surrounding residences, staff has recommended conditions of approval that speakers be pointed away from the adjoining residences and the if the Police Department receives excessive complaints about noise, the Watch Commander can order the music be turned down or stopped. Staff is also 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 and adjoining sidewalk during the event. Finally, staff would like to address concerns about parking. The applicant’s proposal will include closing the parking lot on the north side of the building. It is staff’s opinion that this will not present a parking issue for the event due to the large parking lot on the west side of the building and the parking area on the south side of the building. In fact, the applicant will be closing approximately 300 of the 890 spaces available, which in staff’s opinion is more than sufficient to accommodate the anticipated crowd and volunteers/employees at the event. PLN-12-00242 – 12808 Woodruff Avenue October 17, 2012 - Page 3 FINDINGS 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. PLN-12-00242 (Special Event) is consistent wi th Program 1.1.5.3 of the City’s Vision 2025 General Plan, Chapter 1. Land Use , which states that the City shall “Promote recreation and entertainment uses that serve needs of the public.” In addition, to address Program 2.5.1.4 (Vision 2025, General Plan, Chapter 2, Circulation ) that states that the City shall “Maximize off-street parking to minimize demands on on-street parking,” the church proposes to park all visitors on-site on the west and south parking lots of the property. Finally, Program 6.3.1.6 of the City’s Vision 2025, General Plan, Chapter 6, Noise, states that the City shall “Discourage the placement of air conditioning, electric generators, or other noise-generating equipment in close proximity to adjacent properties”. Accordingly, staff has proposed conditions of approval which require any generator used for this event, shall be located 10 feet from any building and a minimum of 25 feet from any property lines and that any speakers or amplified sound must be directed towards the north and south of the property, away from any residential uses. 2. That the proposed activity or use will be consistent with other provisions of this article. PLN-12-00242(Special Event), is consistent with Section 9420.04(c) of the Downey Municipal Code, Article IX – Land Use, which states that “If an event is of a scale … or use that may result in extensive potential, even temporary, impacts to the community, the City Planner may use his/her discretion and forward the Special Event Permit application to the Commission for their decision.”; Consequently, the City Planner forwarded this to the Planning Commission for approval on October 17, 2012. 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 PLN-12-00242 (Special Event) will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary one day event. As such, conditions of approval have been imposed to prevent such conditions and circumstances that may be contrary to the public health, safety and welfare (see Exhibit A – Conditions, of this Resolution). CONCLUSION After considering the information provided by the applicant and contained in this report, staff feels that any potential impacts can be mitigated by the recommended conditions of approval. As such, staff recommends that the Planning Commission approve PLN-12- 00242 (Special Event), a request to conduct a one-day outdoor event entitled “Alternative Night”, event on Wednesday, October 31, 2012, from 5:00 pm to 9:00 pm, on the parking lot of Calvary Chapel property located at 12808 Woodruff Avenue, zoned C-2 (General Commercial). PLN-12-00242 – 12808 Woodruff Avenue October 17, 2012 - Page 4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-12-00242 ( SPECIAL EVENT) - A REQUEST TO CONDUCT A ONE- DAY OUTDOOR “ALTERNATIVE NIGHT” EVENT WITHIN THE PARKING LOT OF AN EXISTING CHURCH (CALVARY CHAPEL) ON WEDNESDAY, OCTOBER 31, 2012, FROM 5:00 PM TO 9:00 PM, ON THE PARKING LOT OF PROPERTY LOCATED AT 12808 WOODRUFF AVENUE, ZONED C-2 (GENERAL 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. An application was filed by Hector Gonzales (hereinafter "Applicant") requesting approval of a PLN-12-00242 (Special Event), a request to conduct a one-day outdoor “Alternative Night” event within the parking lot of an existing church (Calvary Chapel) on Wednesday, October 31, 2012, from 5:00 pm to 9:00 pm, on the parking lot of property located at 12808 Woodruff Avenue (hereinafter "Subject Site"), , zoned C-2 (General Commercial); and, B. On October 4, 2012 notice of the pending public hearing was published in the Downey Patriot was sent to all Downey property owners within 500 feet of the subject site; and, C. The Planning Commission held a duly noticed public hearing on October 17, 2012, and fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing, hereby adopted this resolution, approving PLN-12-00242 (Special Event), subject to the conditions of approval (hereto attached as 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), Temporary Land Uses. 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: That the proposed activity or use will be consistent with the 1. objectives, policies, and general land uses and programs specified in the City’s General Plan. PLN-12-00242 (Special Event) is consistent with Program 1.1.5.3 of the City’s Vision 2025 General Plan, Chapter 1. Land Use , which states that the City shall “Promote recreation and entertainment uses that serve needs of the public.” In addition, to address Program 2.5.1.4 (Vision 2025, General Plan, Chapter 2, Circulation ) that states that the City shall “Maximize off-street parking to minimize demands on on-street parking,” the church proposes to park all visitors on-site on the west and south parking lots of the property. Finally, Program 6.3.1.6 of the City’s Vision 2025, General Plan, Chapter 6, Noise, states that the City shall “Discourage the placement of air conditioning, electric generators, or other noise-generating equipment in close proximity to adjacent properties”. Accordingly, staff has proposed conditions of approval which require any Resolution No. Downey Planning Commission generator used for this event, shall be located 10 feet from any building and a minimum of 25 feet from any property lines and that any speakers or amplified sound must be directed towards the north and south of the property, away from any residential uses 2. That the proposed activity or use will be consistent with other provisions of this article. PLN-12-00242(Special Event), is consistent with Section 9420.04(c) of the Downey Municipal Code, Article IX – Land Use, which states that “If an event is of a scale … or use that may result in extensive potential, even temporary, impacts to the community, the City Planner may use his/her discretion and forward the Special Event Permit application to the Commission for their decision.”; Consequently, the City Planner forwarded this to the Planning Commission for approval on October 17, 2012. 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 PLN-12-00242 (Special Event) will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary one day ev ent. As such, conditions of approval have been imposed to prevent such conditions and circumstances that may be contrary to the public health, safety and welfare (see Exhibit A – Conditions, of this Resolution). 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-12-00242 (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: COMMISSIONER: ABSENT: COMMISSIONER: NOES: COMMISSIONER: Theresa Donahue, Secretary PLN-12-00242 (SE) – 12808 Woodruff Avenue October 17, 2012 - Page 2 Resolution No. Downey Planning Commission City Planning Commission PLN-12-00242 (SE) – 12808 Woodruff Avenue October 17, 2012 - Page 3 Resolution No. Downey Planning Commission EXHIBIT A – CONDITIONS PLN-12-00242 (SPECIAL EVENT) PLANNING 1. This approval of PLN-12-00242 (Special Event) allows for a special event to be held on Wednesday October 31, 2012, from 5:00 p.m. to 9:00 p.m. Approved activities include: Activity/fun booths, food booths, a live entertainment stage and open area seating, all taking place within the northern portion of the church’s property, in a parking lot (see attached, approved site plan). 2. Activities of the Special Event shall be limited to the north parking lot of the Cavalry Chapel, with the remained of the site being reserved for parking of patron vehicles. 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. Setup for the event shall occur no earlier than 12:00 p.m. on Wednesday, October 31, 2012 and the event shall be cleaned up no later than Thursday, November 1, 2012 at 6:00 p.m. 5. Light generators may be brought to the property the day before the event. The remainder of the set-up for the event shall commence no sooner than 12:00 p.m. on Wednesday, October 31, 2012. 6. All temporary signs shall comply with the requirements set forth in the Downey Municipal Code. 7. The applicant shall have volunteers patrol the parking areas and 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 11:30 p.m. the day of the event. 8. The Applicant shall provide sufficient trash receptacles on-site for the disposal of food and other goods. 9. There sale of alcohol on the subject property is prohibited. 10. Live entertainment (dj, dancing, amplified music, etc) shall be permitted during the hours of the event. 11. All speakers for amplified noise shall be directed away from adjacent residential areas. 12. All required Building Department, Police Department, Public Works Department and Fire Department permits shall be obtained prior to the start of the event. 13. All Health Department approvals required for the sale or serving of food shall be obtained prior to the start of the event. 14. Pursuant to Downey Municipal Code Section 9534.16, the subject property shall maintain, PLN-12-00242 (SE) – 12808 Woodruff Avenue October 17, 2012 - Page 4 Resolution No. Downey Planning Commission for safety vision purposes, a triangular area formed by the lot lines adjoining the intersecting streets for a distance of twenty-five (25) feet from such intersection and a line connecting the ends of such lot lines, and within the area comprising such triangle nothing shall be erected, or placed in such a manner as materially to impede vision (see diagram). 15. No noise shall exceed 5 dba above the ambient noise level, as measured at the property line. If the Police Department receives complaints related to the volume of an activity, the on-duty watch commander will make a determination as to whether the activity will be silenced. 16. Obstacle courses shall not be constructed of combustible materials such as hay bales or wooden pallets. 17. No event activity shall be designed or used to represent an entrapment hazard to attendees. 18. There shall be no open flame cooking using wood or c harcoal fuels at the special event, without approval of the City of Downey Fire Department. 19. The facility must provide trash receptacles (refuse/recycles) for the proper disposal of food items and trash generated from the event. 20. 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/hosing down the parking lot for maintenance purposes shall be prohibited at all times. 21. On-street parking along Woodruff Avenue and Imperial Highway frontage shall be prohibited at all times. PLN-12-00242 (SE) – 12808 Woodruff Avenue October 17, 2012 - Page 5 R-1 5,000 – SINGLE-FAMILY RESIDENTIAL SUBJECT R-3 – MULTI_FAMILY RESIDENTIAL PROPERTY C-2 – GENERAL COMMERCIAL ZONING MAP ÷äôóúóèû PLN-12-00242 ìêíò÷ùèîí North 12808 WOODRUFF AVENUE ìêíò÷ùèðíùûèóíî ÜÑÉÒÛÇ ÐÔßÒÒ×ÒÙ Ü×Ê×Í×ÑÒ SUBJECT PROPERTY AERIAL PHOTOGRAPH ÷äôóúóèú PLN-12-00242 ìêíò÷ùèîí North 12808 WOODRUFF AVENUE ìêíò÷ùèðíùûèóíî ÜÑÉÒÛÇ ÐÔßÒÒ×ÒÙ Ü×Ê×Í×ÑÒ