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HomeMy WebLinkAbout4. PLN-14-00101 (10830-10846 Downey) STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MAY 21, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-14-00101 (SPECIAL EVENT PERMIT) - A REQUEST BY SAINT GEORGE GREEK ORTHODOX CHURCH TO CONDUCT A GREEK FESTIVAL ON TWO CONSECUTIVE DAYS (JUNE 7 AND JUNE 8, 2014 LOCATION: 10830-10846 DOWNEY AVENUE ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY May 5, 2014 , Christina Davilas submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00101) on behalf of Saint George Greek Orthodox Church, seeking the Planning Commission’s approval of a special event permit to hold their annual Greek festival on the parking lot of the church. After reviewing the Applicant’s request, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00101 (SPECIAL EVENT PERMIT) - A REQUEST BY SAINT GEORGE GREEK ORTHODOX CHURCH TO CONDUCT A GREEK FESTIVAL ON TWO CONSECUTIVE DAYS (JUNE 7 AND JUNE 8, 2014), ON PROPERTY LOCATED AT 10830-10846 DOWNEY AVENUE AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) BACKGROUND On May 5, 2014, Christina Davilas submitted a Land Use Permit Application (PLN 11-00101) on behalf of Saint George Greek Orthodox Church, to request the Planning Commission’s approval of a special event permit to hold their annual Greek festival on the parking lot of the church. Saint George proposes the event will occur over two days, Saturday June 7 and June 8, 2014. Saint George Greek Orthodox Church is located at 10830 Downey Avenue. The subject property covers approximately 2.2 acres of land at the southeast corner of Downey Avenue and La Villa Street. The subject site has 220 feet of frontage along Downey Avenue and about 164 feet of frontage along La Villa Street. Site improvements include the Saint George Greek Orthodox Church building, a small commercial building that houses the Hall of Fame Market and several vacant tenant spaces, and a parking lot. Driveway aisles adjacent to the south and east sides of the church building provide vehicular access from Downey Avenue and La Villa Street to the parking lot, which is at the easterly side of the subject site. PLN-14-00101 – 10830-10846 Downey Avenue May 21- Page 2 The festival activities will take place along the southerly driveway and on the Saint George Greek Orthodox Church parking lot, which comprises approximately120 parking spaces. In an effort to provide parking for the festival and minimize impacts on the streets and neighborhoods nearby, Saint George Greek Orthodox Church has obtained permission from Downey United Methodist Church and First Baptist Church to utilize their parking lots on both days of the Greek festival (See attached confirmation letters). Downey United Methodist Church (10801 Downey Avenue) will provide 108 parking spaces on the west side of Downey Avenue, across the street from the subject site. However, Pastor Jon Wesley Waterson of Downey United Methodist Church mentioned that the parking lot is not available on June 8, 2014, until after noon, because their members require parking for Sunday worship. The Church also intends to charge $5.00 per car for the Greek festival visitors. First Baptist Church (8348 East Third Street) owns properties adjacent to Saint George Greek Church. They authorized the use of their 75-space parking lot bordering the south side of the church property, which is accessible via Third Street and Downey Avenue. PLN-14-00101 proposes the special event as a fundraiser for Saint George Greek Orthodox Church. Activities at the Greek festival include the sale of food, dancing, live music, games, cultural events, and a Kids Zone. Guests will enter the site from the driveway at Downey Avenue and venture easterly toward the center of the property to the festival activities, while encountering vendors, eating areas, a beer garden, and a stage along the way. A letter from Fr. John E. Constantine, describes the Greek festival activities as follows: Food: The Church sells a variety of Greek ethnic foods at the festival that include lamb, souvlaki, pastichio, moussaka, Greek chicken, Greek salad, and Greek sweets. They will obtain a permit from the Los Angeles County Health Department for the event. Beverages: The Church sells soft drinks, beer, wine, hard liquor at the festival. Alcoholic beverages will be served in a cordoned area with security personnel in place, under a temporary license from the State of California Alcoholic Beverages Control Board (ABC). Music PLN-14-00101 proposes a stage for live music and a dance area. Located on the basketball court at the south property line, the stage borders the First Baptist Church parking lot and is approximately 150 feet from residential properties to the east. Musicians will perform on the three feet tall and 16’ x 16’ covered stage, from noon to 10:00 PM. The abutting dance area will feature exhibition dancing by the Greek Church’s award-winning dance groups each evening. Kid’s Zone The Kid’s Zone, which an independent contractor will operate, features mechanical rides for the festival. This area is proposed at the easternmost section of the subject property, adjacent to an apartment complex. Cultural Events Tours of the Church will be conducted throughout the day. The festival also features presentations on Greek culture and history throughout the day. PLN-14-00101 – 10830-10846 Downey Avenue May 21- Page 3 Independent Vendors The festival features booths for independent sellers whose items include jewelry, ceramics, books, art work, general merchandise and services. Tents PLN-14-00101 proposes several tents for the Greek Festival activities as described below: a) One 10’ x 40’ tent for festival entrance; b) One 10’ x 70’ for 5 vendors; c) One 10’ x 80’ for 6 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/beverage vending area; i) Three 10’ x 20’ food/ beverage vending area; Saint George Greek Orthodox Church anticipates 4,000 attendees over the two-day period. The Greek Festival will begin at 11:00 a.m. each day and end at 10:00 p.m. Set up for the event will start on Thursday May 3, 2012, and take down and clean up with be completed on Monday June 9, 2014, by 4:00 PM. The Church intends to utilize 100-150 volunteers to manage the event. CEQA 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(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 are exempt from the requirements of the California Environmental Quality Act. Class 4 exemptions consist of minor alterations in the condition of land, including approval of temporary land uses that will have no permanent effect on the environment. It is staff’s opinion that the Greek Festival PLN-14-00101 proposes, will not have a permanent effect on the environment; therefore, it qualifies for the Class 4 exemption. FINDINGS Pursuant with Section 9814.08 of the Municipal Code, staff recommends that the Planning Commission make the following findings to approve PLN-14-00101: 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 Special Event proposed by PLN-14-00101 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, this is an annual event for St. George Greek Orthodox Church. Program 6.3.1.6 of the City’s Vision 2025, General Plan, Chapter 6, Noise, states that City shall “Discourage the placement of air conditioning, electric generators, or other noise-generating equipment in close proximity to adjacent properties”. Accordingly, staff has conditioned that the Applicant shall not install PLN-14-00101 – 10830-10846 Downey Avenue May 21- Page 4 electric generators, or other noise-generating equipment any closer than 10 feet from any structures and not less than 25 feet from any property line. 2. That the proposed activity or use will be consistent with other provisions of this article. The site of the special event proposed by PLN-14-00101 is located within the DDSP (Downtown Downey Specific Plan), where special events such as outdoor events and festivals are permitted, subject to Section 2.4.2 – Temporary Uses and Special Events of the Downtown Downey Specific Plan. The proposed special event will occur within the easterly portion of the Saint George Greek Orthodox Church parking lot. The event will not hinder the movement of traffic or create impacts unto adjoining properties. The Applicant will meet the City’s parking requirements by securing permission to utilize 108 parking spaces at Downey United Methodist Church across the street from the subject site, and 75 parking spaces on a parking lot owned by First Baptist Church (8348 East Third Street) to the south. Staff has prepared conditions of approval to address concerns related to noise, light and glare, and other potential nuisances. 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. It is staff’s opinion that approving PLN-14-00101 (Special Event) will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary two-day event and it occurs once a year at the subject property. Nevertheless, staff has recommended conditions of approval to prevent such conditions and circumstances that may be contrary to the public health, safety and welfare from occurring. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-14-00101, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN-14-00101 – 10830-10846 Downey Avenue May 21- Page 5 SITE LOCATION 10830-10846 Downey Avenue SITE PHOTOGRAPH PLN-14-00101 – 10830-10846 Downey Avenue May 21- Page 6 ZONING MAP AERIAL PHOTOGRAPH SUBJECT PROPERTY SUBJECT PROPERTY PLN-14-00101 – 10830-10846 Downey Avenue May 21- Page 7 AERIAL PHOTOGRAPH: (OFF-SITE PARKING) 500 FOOT RADIUS MAP DOWNEY UNITED METHODIST CHURCH FIRST BAPTIST CHURCH SAINT GEORGE GREEK ORTHODOX CHURCH RESOLUTION NO. ________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00101 (SPECIAL EVENT PERMIT) - A REQUEST BY SAINT GEORGE GREEK ORTHODOX CHURCH TO CONDUCT A GREEK FESTIVAL ON TWO CONSECUTIVE DAYS (JUNE 7 AND JUNE 8, 2014), ON PROPERTY LOCATED AT 10830-10846 DOWNEY AVENUE AND 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. On May 5, 2014, Christina Davilas (hereinafter "Applicant") submitted a Land Use Permit Application (PLN 14-00101) requesting approval of a special event permit to allow the operation of a Greek festival on property located at 10830-10846 Downey Avenue (Saint George Greek Orthodox Church), Downey, California (hereinafter "Subject Property”). B. The proposed special event will occur over a two-day period: Saturday June 7 and Sunday June 8, 2014. C. The subject property is zoned R-2 (Two-Family Residential) and R-3 (Multiple- Family Residential). D. On May 8, 2014, the City of Downey sent notice of the pending public hearing to all Downey property owners within 500 feet of the subject site and published the in the Downey Patriot. E. The Planning Commission held a duly noticed public hearing on May 21, 2014, and fully considered all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN-14- 00101 (Special Event Permit), subject to the 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. The Special Event proposed by PLN-14-00101 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, this is an annual event for St. George Greek Orthodox Church. Program 6.3.1.6 of the City’s Vision 2025, General Plan, Chapter 6, Noise, states that City shall “Discourage the placement of air conditioning, electric generators, or other noise-generating equipment in close proximity to adjacent properties”. Accordingly, a condition of approval of PLN-14-00101 prohibits the Resolution No. 14- Downey Planning Commission PLN-14-000101 – 10830-10846 Downey Avenue May 21, 2014 - Page 2 Applicant from installing electric generators, or other noise-generating equipment any closer than 10 feet from any structures and not less than 25 feet from any property line. B. The site of the special event proposed by PLN-14-00101 is located within the DDSP (Downtown Downey Specific Plan), where special events such as outdoor events and festivals are permitted, subject to Section 2.4.2 – Temporary Uses and Special Events of the Downtown Downey Specific Plan. The proposed special event will occur within the easterly portion of the Saint George Greek Orthodox Church parking lot. The event will not hinder the movement of traffic or create impacts unto adjoining properties. The Applicant will meet the City’s parking requirements by securing permission to utilize 108 parking spaces at Downey United Methodist Church across the street from the subject site, and 75 parking spaces on a parking lot owned by First Baptist Church (8348 East Third Street) to the south. A condition of approval addresses concerns related to noise, light and glare, and other potential nuisances. Therefore, the special event is consistent with the other provisions of Article IX of the Municipal Code. C. Approving PLN-14-00101 (Special Event) will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary two-day event and it occurs once a year at the subject property. Nevertheless, the conditions of approval prevent such conditions and circumstances that may be contrary to the public health, safety and welfare from occurring. 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-14-00101 (Special Event Permit), subject to the Conditions Of Approval attached hereto as Exhibit A, 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 21st day of May 2014. Robert Kiefer, Chairman City Planning Commission Resolution No. 14- Downey Planning Commission PLN-14-000101 – 10830-10846 Downey Avenue May 21, 2014 - Page 3 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 21st day of May 2014, by the following vote, to wit: AYES: COMMISSIONER: ABSENT: COMMISSIONER: NOES: COMMISSIONER: Mary Cavanaugh, Secretary City Planning Commission Resolution No. 14- Downey Planning Commission PLN-14-000101 – 10830-10846 Downey Avenue May 21, 2014 - Page 4 EXHIBIT A – CONDITIONS PLN-14-00101 (SPECIAL EVENT) PLANNING 1. This approval of PLN-14-00101 (Special Event Permit) allows Saint George Greek Orthodox Church, to host a two-day Greek festival on Saturday, June 7 and Sunday, June 8 2014, between the hours of 11:00 a.m. and 10:00 p.m. 2. Approved activities for the Greek festival shall consist of: a) One 10’ x 40’ tent for festival entrance; b) One 10’ x 70’ for 5 vendors; c) One 10’ x 80’ for 6 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 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. 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 promptly 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. 5. 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 9, 2014, by 4:00 p.m. 6. 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. 7. The Applicant shall ensure that all necessary lighting shall face the main event (booths and stage). The Applicant shall direct lighting away from La Villa Street and away from any residential uses nearby. 8. The Applicant shall obtain any necessary Health Department approvals required for the sale of food at the Greek Festival, prior to the start of the event. Resolution No. 14- Downey Planning Commission PLN-14-000101 – 10830-10846 Downey Avenue May 21, 2014 - Page 5 9. The sale of alcoholic beverages shall comply with the requirements of the State Department of Alcoholic Beverage Control. 10. The alcohol area (beer and wine) shall be contained within a “beer garden” area where patrons may consume alcohol. 11. The Applicant shall obtain all required Building Department, Police Department and Fire Department permits prior to the start of the event. ENGINEERING 12. Provide sufficient trash receptacles for the disposal of food and other goods. 13. Parking areas shall be swept clean after the event. There shall be no hosing down of the parking area. 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. Occupancy within the building shall not exceed the maximum allowed. 17. If a generator is to be used, it shall be located a minimum distance of 10 feet from any structure. POLICE 18. The Applicant must have two (2) licensed security guards on-site during the duration of the event (June 7 and June 8, 2014 from 10:00 a.m. to 11:00 p.m.).