HomeMy WebLinkAbout2. PLN-13-00077 - 10846 DowneySTAFF REPORT
DATE:
MAY 15, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00077 (SPECIAL EVENT) – A REQUEST TO CO NDUCT AN ANNUAL
GREEK FESTIVAL ON SATURDAY, JUNE 1 AND SUNDAY JUNE 2, 2013,
FROM 11:00 AM TO 10:00 PM, AT 10830 DOWNEY AVENUE, ZONED DDSP
(DOWNTOWN DOWNEY SPECIFIC PLAN).
LOCATION:
10830 DOWNEY AVENUE (AIN 6254-017-024 & 025)
ZONING:
DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN- 13-00077) is a request to conduct a two-day
festival on the parking lot of Saint George Greek Orthodox Church. This is an annual event that
the church has put together over the past years to help support the Church’s 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-13-00077 (SPECIAL EVENT), TO PERMIT AN ANNUAL
GREEK FESTIVAL FOR TWO CONSECUTIVE DAYS (SATURDAY, JUNE 1
AND SUNDAY, JUNE 2, 2013, 11:00 A.M. TO 10:00 P.M.) IN CONJUNCTION
WITH SAINT GEORGE GREEK ORTHODOX CHURCH ON PROPERTY AT
10830 DOWNEY AVENUE, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC
PLAN).
BACKGROUND
The subject site is a 2.2 acre irregular-shaped lot that is located on the southeast corner of
Downey Avenue and La Villa Street. The site is currently improved with the Saint George Greek
Orthodox Church and an office building. Parking facilities exist on the easterly half of the subject
site.
On April 12, 2013, the applicant, Mrs. Christina Davilas, submitted an application for a Special
Event Permit, to allow an outdoor festival to take place in part of the parking lot of the subject site.
Staff deemed the application complete on May 1, 2013.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
On May 2, 2013, notice of the pending application was mailed to all property owners within 500’
of the subject site and published in the Downey Patriot.
DISCUSSION/ ANALYSIS
The proposed outdoor event will take place in the eastern portion of the church’s parking lot,
immediately adjacent to Downey Av enue and La Villa Street. As noted previously, the event will
occur on Saturday, June 1, and Sunday,
June 2, 2013, from 11:00 a.m. to 10:00
p.m. Set up of the event will take place
on Friday, May 31, 2013, and the site
will be cleaned up no later than Monday,
June 3, 2013, by 3:00 p.m. Activities at
the festival include the sales of a variety
of foods and alcoholic beverages,
dancing, live music, games, cultural
events, and a kid’s zone (See attached
site plan).
These types of events are typical for churches and can prove to be a pleasant community affair for
the surrounding residents. Due to the location of the event on the property, staff is not concerned
about significant impacts to surrounding properties. Parking will not be impacted, because the First
Baptist Church located at 8348 East Third Street and Downey United Methodist Church located at
10801 Downey Avenue have permitted Saint George Greek Orthodox Church to use their parking
lot during the Greek Festival (See attached letters fr om Pastor J.D. Williams and Pastor Lui Tran).
Additionally, street parking along Downey Avenue offers two-hour parking between 7:00 a.m. to
6:00 p.m., and La Villa Street permits parking except on Thursdays 10:00 a.m. to 2:00 p.m. for
street sweeping. To minimize impacts further, staff has recommended several conditions of
approval on the permit, which include, among other things, litter to be picked up during the event,
and church restroom facilities be made available to patrons.
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 use 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 (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 exemptions include temporary uses, such as a
carnival, that will have no permanent effect on the environment.
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.
PLN-13-00077 – 10830 Downey 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 two-day church festival that is
open to the community and will have family friendly activities. Approval of the festival is
consistent with the General Plan Policy 8.4.3.
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 easterly portion of the church parking
lot. The event will utilize temporary structures only and operation of the event will not hinder
the movement of traffic (on and/or off site) or create impacts unto adjoining properties.
Furthermore, there is sufficient parking on-site and at the First Baptist Church nearby to
accommodate the patrons of the event. Therefore, the special event is consistent with the
other provisions of Article IX of the Municipal Code.
3. That the proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
As noted previously in this report, the proposed event will not create a significant impact to
surrounding properties. The location of the event will not hinder traffic circulation or
pedestrian movement. The event will not create a condition of circumstance that is contrary
to the general public health, safety, or welfare. As such, conditions have been imposed to
prevent such conditions and circumstances (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-13-00077 (Special
Event), subject to the conditions of approval.
H:\Community Development\Nguyen\CASES\Special Event (PC)\10846 Downey (St.George Greek Festival) May 2013\PLN-13-00077
staff report.doc
PLN-13-00077 – 10830 Downey Ave
May 15, 2013 - Page 3
Exhibits
Location
Aerial Photograph
PLN-13-00077 – 10830 Downey Ave
May 15, 2013 - Page 4
500’ Radius
Zoning
PLN-13-00077 – 10830 Downey Ave
May 15, 2013 - Page 5
RESOLUTION NO. 13-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00077 (SPECIAL EVENT), TO PERMIT AN ANNUAL GREEK
FESTIVAL FOR TWO CONSECUTIVE DAYS (SATURDAY, JUNE 1 AND SUNDAY,
JUNE 2, 2013, 11:00 A.M. TO 10:00 P.M.) IN CONJUNCTION WITH SAINT GEORGE
GREEK ORTHODOX CHURCH ON PROPERTY AT 10830 DOWNEY AVENUE, ZONED
DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN).
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 Christina Davilas (hereinafter "Applicant") requesting
approval of a special event permit to allow the operation of a Greek festival for
two consecutive days (June 1 and June 2, 2013) on property located at 10830
Downey Avenue (Saint George Greek Or thodox Church), Downey, California
(hereinafter "Subject Site"), and zoned DDSP (Downey Downtown Specific Plan)
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
two-day church festival that is open to the community and will have family friendly
activities. 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 special event will be located within the easterly portion of the
church parking lot. The event will utilize temporary structures only and operation
Resolution No. 13- ____
Downey Planning Commission
of the event will not hinder the movement of traffic (on and/or off site) or create
impacts unto adjoining properties. Furthermore, there is sufficient parking on-site
and at the First Baptist Church nearby to accommodate the patrons of the event.
Therefore, the special event is consistent with the other provisions of Article IX
of the Municipal Code.
That the proposed activity or use will not result in conditions or
C.
circumstances contrary to the public health, safety, and general welfare.
As noted previously in this report, the proposed event will not create a significant
impact to surrounding properties. The location of the event will not hinder traffic
circulation or pedestrian movement. The event will not create a condition of
circumstance that is contrary to the general public health, safety, or welfare. As
such, conditions have been imposed to prevent such conditions and
circumstances (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-13-00077
(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-13-00077 – 10830 Downey Ave
May 15, 2013 - Page 2
Resolution No. 13- ____
Downey Planning Commission
PLN-13-00077 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
PLANNING
1. This approval of PLN-13-00077 (Special Event) allows Saint George Greek Ort hodox Church,
to host a two-day Greek festival on Saturday, June 1 and Sunday, June 2, 2013 betw een the
hours of 11:00 a.m. and 10:00 p.m.
2. Approved activities for Special Event Permit (PLN-13-00077) shall consist of:
a) One 10’ x 40’ festival entrance;
b) One 10’ x 70’ tent for five vendors;
c) One 10’ x 80’ tent for six vendors;
d) One 10’ x 10’ raffle booth;
e) One 10’ x 45’ sweets booth;
f) One 20’ x 20’ covered eating area;
g) One 20’ x 40’ covered eating area;
h) Two 10’ x 30’ food vending area;
i) Three 10’ x 20’ food/ beverage vending area;
j) One 20’ x 20’ covered music area with 3 ft high raised 16’ x 16’ stage.
3. 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.
4. Speakers for amplified sound shall not face the adjoining residential properties.
5. All outdoor activities shall cease by 10:00 p.m. on Sunday, June 2, 2013.
6. Set-up will begin Friday, May 31, 2013, between the hours of 7:00 a.m. and 7 p.m.
7. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles,
stage, electrical equipment, and garbage shall be removed between 8:00 a.m. to 3:00 p.m. on
Monday, June 3, 2013.
8. 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.
9. All necessary lighting shall face the main event (booths and stage) and shall be directed
away from La Villa Street and any residential uses nearby.
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.
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Resolution No. 13- ____
Downey Planning Commission
12. The alcohol area (beer and wine) shall be contained within a “beer garden” area where patrons
may consume alcohol.
13. 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.
BUILDING
14. Handicap stalls in the parking area must remain accessible for all uses.
FIRE
15. The applicant shall obtain the Fire Department’s approval for the use of any tents.
16. 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.
17. During the two-day event, cooking is not permitted inside buildings without the advance
approval from the Downey Fire Prevention Bureau.
POLICE
18. The owner/applicant must provide three (3) licensed security guards on-site during the
duration of the event (June 1, and June 2, 2013 from 10:00 a.m. to 11:00 p.m.).
PUBLIC WORKS/ENGINEERING
19. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal
of food and debris.
20. All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
21. 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-13-00077 – 10830 Downey Ave
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Resolution No. 13- ____
Downey Planning Commission
22. The owner/applicant shall obtain all necessary plan approvals and permits.
H:\Community Development\Nguyen\CASES\Special Event (P C)\10846 Downey (St.George Greek Festival) May 2013\PLN-13-
00077 reso.doc
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