HomeMy WebLinkAbout1. PLN-13-00053 - 12145 WoodruffSTAFF REPORT
DATE:
MAY 15, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00053 (SPECIAL EVENT) – A REQUEST TO ALLOW IGLESIA DE
CRISTO CHURCH TO CONDUCT A ONE-DAY SPRING FESTIVAL ON
SATURDAY, JUNE 1, 2013 FROM 9:00 AM TO 8:00 PM, ON PROPERTY
ZONED C-1 (NEIGHBORHOOD COMMERCIAL).
LOCATION:
12145 WOODRUFF AVE (AIN 6283-013-026)
ZONING:
C-1 (NEIGHBORHOOD COMMERCIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-13-00053) is a request to conduct a one-day
spring festival on the parking lot of Iglesia De Cristo Church. This is an annual event that the
church has put together over the past five years to help support its religious services. Based on
the analysis contained within this report, staff feels that all required findings to approve the
request can be made in a positive manner; as such, staff is recommending the Planning
Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00053 (SPECIAL EVENT), A REQUEST TO ALLOW
IGLESIA DE CRISTO CHURCH TO CONDUCT A ONE-DAY SPRING FESTIVAL
ON SATURDAY, JUNE 1, 2013 FROM 9: 00 AM TO 8:00 PM, ON PROPERTY
LOCATED AT 12145 WOODRUFF AV E, ZONED C-1 (NEIGHBORHOOD
COMMERCIAL).
BACKGROUND
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 and a sanctuary building.
On April 12, 2013, Mr. Enzo Calandra, a representative for Iglesia de Cristo Church, submitted
an application requesting permission to conduct a special event on the subject site’s parking lot
on Saturday, June 1, 2013, from 9 a.m. to 8 p.m.
The surrounding land uses include various industrial businesses to the north (across Washburn
Road) and east (across Woodruff Avenue) of the site. These properties are zoned M-2 (General
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
Manufacturing). The west side of the project site is currently being developed with single family
homes, which are zoned R-1 5,000 (Single Family Residential). Finally, the south side of the
site is zoned M-1 (Light Manufacturing) and improved with an automobile paint and body repair
shop.
DISCUSSION/ANALYSIS
According to the applicant, this event will be held to help support the Church’s religious services.
Activities at the outdoor event include: erecting 65 temporary canopies (10’ x 10’), nine 10’x20’
canopies, one 10’x30’ canopy, three (3) 22’ x 22’ x 15’ high jumpers, six (6) ponies providing rides
(no mechanical rides), serving a variety of foods and non-alcoholic beverages, and outdoor
entertainment (live music) with amplified sound. No outside vendors are permitted and all foods
and services will be provided
by the church. Two hundred
twenty-eight (228) parking
spaces will be provided on
site and an additional 180
off-site parking spaces will be
provided at various locations
surrounding the subject site
(see attached site-plan).The
applicant has indicated that
all outdoor activities will
cease by 8:00 p.m. on
Saturday, June 1, 2013.
Approximately 1,000 visitors are expected throughout the 1-day event. As the attached site-plan
shows, visitors will enter the subject site from Washburn Road. However, accessing the event
from Woodruff Avenue will be limited to pedestrians and handicap parking only.
Pursuant to Municipal Code Section 9420, consideration of this event is within the discretion of the
Planning Commission. The Commission may also impose conditions of approval that are
necessary to protect the public’s health, safety, and welfare. Staff has provided several conditions
of approval from various City Departments for the Commission’s consideration.
ENVIRONMENTAL ANALYSIS
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.
FINDINGS
Pursuant to Municipal Code 9814.08, there are three (3) findings that must be adopted prior to
Planning Commission approving a Special Event. A discussion of the findings follows:
PLN-13-00053 – 12145 Woodruff Ave
May 15, 2013 - Page 2
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
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.
It is staff’s opinion that approving the PLN-13-00053 (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. Nevertheless, 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).
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-13-00053 (Special
Event), subject to the conditions of approval.
PLN-13-00053 – 12145 Woodruff Ave
May 15, 2013 - Page 3
Exhibits
Location
Aerial Photograph
PLN-13-00053 – 12145 Woodruff Ave
May 15, 2013 - Page 4
500’ Radius
Zoning
H:\Community Development\Nguyen\CASES\Special Event (PC)\12145 Woodruff (Iglesia De Cristo) March 2013\PLN-13-00053 staff
report.doc
PLN-13-00053 – 12145 Woodruff Ave
May 15, 2013 - Page 5
RESOLUTION NO. 13-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00053 (SPECIAL EVENT), A REQUEST TO ALLOW IGLESIA
DE CRISTO CHURCH TO CONDUCT A ONE-DAY SPRING FESTIVAL ON
SATURDAY, JUNE 1, 2013 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. An application was filed by Enzo Calandra (hereinafter "Applicant") requesting
approval of PLN-13-00053 (Special Event), a request to permit Iglesia De Cristo
Church the operation of a one-day Spring Festival on Saturday, June 1, 2013,
from 9:00 am to 8:00 pm, at 12145 Woodruff Avenue, zoned C-1 (Neighborhood
Commercial); and,
B. On May 2, 2013, 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 May 15, 2013,
and after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 13-_____ , 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:
That the proposed activity or use will be consistent with the objectives,
A.
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.
That the proposed activity or use will be consistent with other provisions of
B.
this article.
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
Resolution No. 13-_____
Downey Planning Commission
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.
That the proposed activity or use will not result in conditions or
C.
circumstances contrary to the public health, safety, and general welfare.
It is staff’s opinion that approving the PLN-13-00053 (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. Nevertheless, 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-13-00053
(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 15 day of May 2013.
Louis Morales, 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 15 day of May
2013, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN-13-00053 – 12145 Woodruff Ave
May 15, 2013 - Page 2
Resolution No. 13-_____
Downey Planning Commission
PLN-13-00053 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval allows Iglesia de Cristo Church to operate an outdoor event (Spring Festival)
on Saturday, June 1, 2013, from 9:00 a.m. to 8:00 p.m. Approved activities consist of the
following:
75 canopies to accommodate the serving of food and non-alcoholic beverages;
Carnival-type games;
A 20’ x 40’ raised stage for outdoor entertainment (live music with amplified sound);
Three (3) 22’ x 22’ x 15’ high jumpers; and
Six (6) pony rides (no mechanical rides).
2. 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.
3. If a temporary generator is to be used, it shall not exceed a noise level of 65 dBA.
4. Speakers for amplified sound shall not face the adjoining residential properties.
5. All outdoor activities shall cease by 8:00 p.m. on Saturday, June 1, 2013.
6. Set-up will begin Friday, May 31, 2013, between the hours of 7:00 a.m. and 7 p.m.
7. Site clean-up, which includes the removal of all canopies, jumpers and garbage, shall be
completed Sunday, June 2, 2013, between the hours of 7:00 a.m. and 7:00 p.m.
8. 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, 12105-12125 Woodruff Avenue, 12222
Woodruff Avenue, 12200 Woodruff Avenue, and 9501 Washburn Road.
9. All necessary lighting shall face the main event (booths and stage) and shall be directed
away from Cornuta Avenue and any residential uses.
10. 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,
PLN-13-00053 – 12145 Woodruff Ave
May 15, 2013 - Page 3
Resolution No. 13-_____
Downey Planning Commission
action or proceeding, but such participation shall not relieve Applicant of the obligations of
this condition.
11. All required Building Division, Fire Depar tment, and Health Department approvals shall be
obtained prior to the start of the event.
12. The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions of approval, if such modifications achieve substantially the
same results as would strict compliance with said plans and conditions.
FIRE
13. The applicant shall obtain the Fire Department’s approval for the use of any tents.
14. If a generator is to be used, it shall be located a minimum distance of 10 feet from any
structure.
15. All tents, extinguishers and electrical work must in place by 4:00 p.m. on the Friday before
the event to enable an inspection by the fire department and building and safety.
PUBLIC WORKS/ENGINEERING
16. Provide sufficient trash receptacles for the disposal of food and other goods.
17. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
18. 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).
BUILDING
19. Handicap stalls in the parking area must remain accessible for all uses.
H:\Community Development\Nguyen\CASES\Special Event (PC) \12145 Woodruff (Iglesia De Cristo) March 2013\PLN-13-00053
reso and conditions.doc
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