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HomeMy WebLinkAbout3. PLN-14-00199 11610 Lakewood STAFF REPORT PLANNING DIVISION DATE: OCTOBER 15, 2014 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-14-00199 (SPECIAL EVENT PERMIT) - A REQUEST BY DESERT REIGN ASSEMBLY OF GOD CHURCH TO CONDUCT A ONE-DAY OUTDOOR “HARVEST FESTIVAL” ON FRIDAY OCTOBER 31, 2014, FROM 6:00 P.M. TO 9:00 P.M. LOCATION: 11610 LAKEWOOD BLVD ZONING: C-P (PROFESSIONAL OFFICE) REPORT SUMMARY The Applicant, Desert Reign Assembly of God Church, seeks the Planning Commission’s approval of PLN-14-00199 (Special Event Permit) to allow a one-day “Harvest Festival” event on the courtyard and parking lot of the church property, on Friday, October 31, 2014. The Applicant’s request is made pursuant to Downey Municipal Code Section 9420, which allows temporary outdoor events, subject to the approval of a Special Event Permit. The Planning Commission’s authority to consider the requested Special Event Permit is set forth in Municipal Code Section 9420.04 (c), which states that events involving over five hundred (500) people shall require Commission approval. As such, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00199 (SPECIAL EVENT PERMIT) - A REQUEST BY DESERT REIGN ASSEMBLY OF GOD CHURCH TO CONDUCT A ONE-DAY OUTDOOR “HARVEST FESTIVAL” ON FRIDAY OCTOBER 31, 2014, FROM 6:00 PM TO 9:00 PM, WHICH INCLUDES LIVE ENTERTAINMENT, JUMPERS, GAME BOOTHS, KID RIDES, AND FOOD TRUCKS, ON THE COURTYARD AND PARKING LOT OF THE CHURCH PROPERTY LOCATED AT 11610 LAKEWOOD BLVD, ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The subject property is a 2.60 acre, irregular-shaped lot that is located on the south side of Hall Road, between Bellflower Boulevard and Lakewood Boulevard. It is zoned C-P (Professional Agenda Page 1 PLN-14-00199 – 11610 Lakewood Blvd October 15, 2014 - Page 2 Office) and its General Plan Land Use Designation is “O” (Office). The subject property is developed with a two-story, 27,500 square foot church and a single story, 9,000 square foot dialysis (medical) clinic. Also, 114 parking spaces are distributed throughout the site. The surrounding properties include apartment buildings bordering the south side of the site, the Coca-Cola bottling plant is west of the subject site on the opposite side of Lakewood Boulevard, retail and restaurant uses just north of the subject site, and apartment buildings exist on the east side of the church, across from Bellflower Boulevard. DISCUSSION PLN-14-00199 proposes a one-day outdoor event on Friday, October 31, 2014, from 6:00 p.m. to 9:00 p.m. The applicant will close down the parking lot at the northwest corner of Lakewood Boulevard and Hall Road to setup the event. The event will consist of selling various fast foods from catering trucks, carnival game booths, an activity room, kid rides, a petting zoo, jumpers, and live entertainment. Desert Reign Assembly of God Church will promote the event. Set-up will begin no earlier than 12:00 noon the day of the event, and clean-up activity shall take place until 11:00 p.m. Friday, October 31, 2014, and from 8:00 a.m. to 6:00 p.m. on Saturday, November 1, 2014. According to the applicant, there will be 300 to 500 attendees to the festival. These types of events 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. However, to avoid potential impacts to the surrounding residences, staff has recommended conditions of approval that require the speakers to be pointed away from them. The conditions of approval also allow the Downey Police Watch Commander to order the music be turned down or stopped if the Police Department receives excessive noise complaints. In addition, a condition of approval requires the applicant to pick up trash during the event and in the immediate vicinity of the church, and to make restroom facilities available to patrons. As mentioned earlier, the applicant’s proposal will include closing the parking lot on the north side of the site. The applicant states that 45 parking spaces to the south of the site will be available for visitors. Also, street parking along Hall Road allows on-street parking after 6:00 p.m. daily. 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. Agenda Page 2 PLN-14-00199 – 11610 Lakewood Blvd October 15, 2014 - Page 3 FINDINGS Pursuant to the requirements of the Municipal Code, staff recommends that the Planning Commission make the following findings 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. 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 carnival that is open to the community and will have family friendly activities. As such, approval of the carnival is consistent with the General Plan Policy 8.4.3. The activity proposed by PLN-14-00199 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.” The proposed event is a fundraising event to benefit Desert Reign Assembly of God Church, it is open to the public, and it will include food, games, bouncers, and music entertainment for attendees to enjoy, allowing the proposed activity will be consistent with the aforementioned General Plan program. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The location of the proposed festival is on the north parking lot and the courtyard of Desert Reign Assembly of God Church. The subject property is located within the C-P (Professional Office) zone, where special events such as outdoor activities, carnivals and fairs are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The one-day outdoor festival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Desert Reign Assembly of God Church will not be impacted by the by the proposed event, because the event will take place in the evening, between 6:00 pm and 9:00 pm, when church is not in session. 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event PLN-14-00199 proposes will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary one-day outdoor event. Nevertheless, the attached conditions of approval include requirements for the applicant to ensure amplified speakers shall face away from the adjoining residential properties. These conditions will address any issues that may arise and will prevent the event from impacting surrounding sites. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained within this report, staff recommends that the Planning Commission adopt a resolution to approve PLN-14-00199 (Special Event Permit), thereby Agenda Page 3 PLN-14-00199 – 11610 Lakewood Blvd October 15, 2014 - Page 4 allowing a one-day carnival at the Desert Reign Assembly of God Church, subject to the conditions of approval. EXHIBITS A. Site Plan B. Maps C. Draft Resolution Agenda Page 4 PLN-14-00199 – 11610 Lakewood Blvd October 15, 2014 - Page 5 Exhibit ‘A’ PROJECT LOCATION SITE PLAN Agenda Page 5 Exhibit ‘B’ AERIAL PHOTOGRAPH ZONING MAP SUBJECT PROPERTY Carnival Parking Agenda Page 6 Exhibit ‘C’ RESOLUTION NO. 14-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00199 (SPECIAL EVENT PERMIT) - A REQUEST BY DESERT REIGN ASSEMBLY OF GOD CHURCH TO CONDUCT A ONE-DAY OUTDOOR “HARVEST FESTIVAL” ON FRIDAY OCTOBER 31, 2014, FROM 6:00 PM TO 9:00 PM, WHICH INCLUDES LIVE ENTERTAINMENT, JUMPERS, GAME BOOTHS, KID RIDES, AND FOOD TRUCKS, ON THE COURTYARD AND PARKING LOT OF THE CHURCH PROPERTY LOCATED AT 11610 LAKEWOOD BLVD, 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. On September 25, 2014, Larry Salazar, submitted a Land Use Permit Application (PLN-14-00199) on behalf of Desert Reign Assembly of God Church, to request the Planning Commission’s approval of a special event permit for a one-day “Harvest Festival” on the church parking lot, located at 11610 Lakewood Boulevard (hereinafter "Subject Property"), B. The proposed event would occur over a one-day period: October 31, 2014. C. On October 2, 2014, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and it was published in the Downey Patriot. D. The Planning Commission held a duly noticed public hearing on October 15, 2014, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 14-____, 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. 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 carnival that is open to the community and will have family friendly activities. As such, approval of the carnival is consistent with the General Plan Policy 8.4.3. The activity proposed by PLN-14-00199 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.” The proposed event is a fundraising event to benefit Calvary Chapel Church, it is open to the public, and it will include food, games, bouncers, and music entertainment for attendees to enjoy, allowing the proposed activity will be consistent with the aforementioned General Plan program. Agenda Page 7 Resolution No. 14-____ Downey Planning Commission PLN-14-00199 (Special Event) – 11610 Lakewood Blvd October 15, 2014 - Page 2 B. The location of the proposed festival is on the north parking lot and the courtyard of Desert Reign Assembly of God Church. The subject property is located within the C-P (Professional Office) zone, where special events such as outdoor activities, carnivals and fairs are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The one-day outdoor celebration will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Desert Reign Assembly of God Church will not be impacted by the by the proposed event, because the event will take place in the evening, between 6:00 pm and 9:00 pm, when church is not in session. C. The special event PLN-14-00199 proposes will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary one-day outdoor event. Nevertheless, the attached conditions of approval include requirements for the applicant to ensure amplified speakers shall face away from the adjoining residential properties. These conditions will address any issues that may arise and 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-14-00199 (Special Event), subject to the conditions of approval attached hereto, 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 15th day of October 2014. Robert Kiefer, Chairman City Planning Commission 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 15th day of October 2014, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 8 Resolution No. 14-____ Downey Planning Commission PLN-14-00199 (Special Event) – 11610 Lakewood Blvd October 15, 2014 - Page 3 PLN-14-00199 (SPECIAL EVENT) CONDITIONS OF APPROVAL PLANNING 1. This approval of PLN-14-00199 (Special Event) allows for a special event to be held on Friday, October 31, 2014, from 6:00 p.m. to 9:00 p.m. Approved activities include: Various fast foods from catering trucks, carnival game booths, activity room, kid rides, a petting zoo, jumpers, and live entertainment, all taking place within the north parking lot and the courtyard of the church’s property (see attached, approved site plan). 2. Activities of the Special Event shall be limited to the courtyard area and the north parking lot of the Desert Reign Assembly of God Church with the remained of the parking area to south 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 noon on Friday, October 31, 2014. Site cleaning activities shall not take place past 11:00 p.m. on Friday, October 31, 2014. Site cleanup activities may also occur between 8:00 a.m. and 6:00 p.m. on Saturday, November 1, 2014. 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 noon on Friday, October 31, 2014. 6. 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 11:00 p.m. the day of the event. 7. The Applicant shall provide sufficient trash receptacles on-site for the disposal of food and other goods. 8. The sale of alcoholic beverages on the subject property is prohibited at all time. 9. Live entertainment (disc jockey, karaoke) shall be permitted during the event. 10. All speakers for amplified noise shall be directed away from adjacent residential areas. 11. All required Building Department, Police Department, Public Works Department and Fire Department permits shall be obtained prior to the start of the event. 12. All Health Department approvals required for the sale or serving of food shall be obtained prior to the start of the event. 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 Agenda Page 9 Resolution No. 14-____ Downey Planning Commission PLN-14-00199 (Special Event) – 11610 Lakewood Blvd October 15, 2014 - Page 4 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. FIRE 14. The applicant shall obtain the Fire Department’s approval for the use of any tents. 15. 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 the Building and Safety Division. POLICE 16. The owner/applicant must provide licensed security guards on-site during the duration of the event. PUBLIC WORKS/ENGINEERING 17. The owner/applicant shall provide sufficient trash and recycling receptacles for the disposal of food and debris. 18. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 19. 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). 20. The owner/applicant shall obtain all necessary plan approvals and permits. 21. Closure of public streets for parking purposes shall not be permitted at any time. 22. Handicap stalls in the parking area must remain accessible for all uses. 23. The owner/applicant shall provide sufficient restroom facilities for patrons. H:\Community Development\Nguyen\CASES\Special Event (PC)\11610 Lakewood (Desert Reign) 2014 carnival\14-00199 reso.doc Agenda Page 10 Agenda Page 11