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HomeMy WebLinkAbout4. PLN-17-00062 - 10830 Downey AveSTAFF REPORT PLANNING DIVISION DATE: MAY 17, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER SUBJECT: PLN-17-00062 (SPECIAL EVENT) – A REQUEST BY SAINT GEORGE GREEK ORTHODOX CHURCH TO CONDUCT A GREEK FESTIVAL FOR THREE CONSECUTIVE DAYS (JUNE 2, 2017 THROUGH JUNE 4, 2017) INCLUSIVE OF FOOD, DRINK AND VENDOR SALES, ALCOHOLIC BEVERAGE SALES, MECHANICAL RIDES, AND LIVE ENTERTAINMENT LOCATION: 10830-10846 DOWNEY AVENUE ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY Saint George Greek Orthodox Church (hereinafter referred to as “the Applicant”) is requesting approval of a special event permit that would allow Saint George Greek Orthodox church to hold their annual Greek Food Festival in the church parking lot on June 2, 3, and 4, 2017. Pursuant to Code Section 9420.04(c), special events involving over five hundred (500) people shall require approval from the Planning Commission. Based on the analysis contained in this report, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00062 (SPECIAL EVENT), THEREBY ALLOWING THE OPERATION OF A GREEK FESTIVAL ON JUNE 2, 3, AND 4, 2017 IN THE PARKING LOT OF SAINT GEORGE GREEK ORTHODOX CHURCH LOCATED AT 10830-10846 DOWNEY AVENUE, AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) BACKGROUND Saint George has conducted the Greek Food Festival annually since 1984. Saint George Orthodox Church is located at 10830-10846 Downey Avenue. The subject property is approximately 2.2 acres and is located at the southeast corner of Downey Avenue and La Villa Street. The subject site has 220 feet of frontage along Downey Avenue and approximately 164 Agenda Page 1 PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 2 feet of frontage along La Villa Street. The site is improved with the Saint George Greek Orthodox Church building, a small commercial building that houses the Hall of Fame market, the church’s assembly hall, and a parking lot with a basketball court. Vehicular access is provided via drive aisles along Downey Avenue to the southwest of the church building and along La Villa Street to the northeast of the building. On May 1, 2017, the Applicant submitted a Land Use Permit Application (PLN-17-00062) to request a special event permit to hold the annual Greek Food Festival in the parking lot of the church. The notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500 feet of the subject site on May 4, 2017. DISCUSSION The festival activities will take place along the southerly driveway and into the parking lot and basketball court. The parking lot has approximately 120 parking spaces. Attendees of the festival will enter the festival from the driveway along Downey Avenue to the south of the building. This entrance will be covered by one (1) 400-square-foot tent. Saint George Greek Orthodox Church anticipates 6,000 attendees over the three-day period. According to the Applicant, based on years past, Sunday yields the highest attendance for the festival. The festival will include the sale of Greek ethnic food such as lamb, Souvlaki, Gyro, Pastichio, Moussaka, Greek Chicken, Greek Salad as well as Greek sweets such as Galaktobouriko and Loukoumades. The festival will also sell soft drinks, beer, wine, and hard liquor. Consumption of alcoholic beverages will be contained within a beer garden. According to the Applicant, alcoholic beverages will be served under a temporary license by the State Department of Alcoholic Beverage Control (ABC). Food and non-alcoholic beverages will be available for purchase and consumption within the church’s hall and throughout the site. The festival features booths for independent vendors whose items include jewelry, ceramics, books, art work, general merchandise and services. These vendors will be located along the driveway that is located south of the church building. A Kid’s Zone, operated by an independent contractor, will also be available and will feature mechanical rides for the festival. This area is proposed at the easternmost section of the subject property, and set at least twenty-five feet away from an apartment complex on the adjacent property to the east. Additionally, the event will offer tours of the church, which include presentations on Greek culture and history. The applicant is requesting that the festival take place on Friday June 2, 2017 from 4:00 p.m. to 11:00 p.m, and on Saturday June 3, 2017 and Sunday June 4, 2017 from 11:00 a.m. to 10:00 p.m. Live music and entertainment, including dancing, will be performed throughout the entire event. This will take place under a 400-foot covered area, with a three-foot raised 256-square- foot stage. This area is located approximately 50 feet from the nearest residential structure along La Villa Street and will be located on the basketball court. In order to mitigate potential adverse noise impacts, a condition has been added to the resolution to face speakers away from the adjacent residential structures. Set up for the event will begin on Wednesday May 30, 2017, and take down and clean-up will be completed by Tuesday, June 6, 2017, by 6:00 p.m. The Church intends to utilize 100-150 volunteers to manage the event. Agenda Page 2 PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 3 Parking The First Baptist Church, located at 8348 Third Street, is collaborating with Saint George Greek Orthodox Church to provide parking for the Greek Festival. This will be the festival’s primary source of parking. The Downey United Methodist Church is also making their parking lot available for Greek Festival attendees on Friday, June 2, 2017 and Saturday, June 3, 2017. On Sunday, June 4, 2017, parking will be available after 12:00 p.m. In order to mitigate potential traffic impacts due to the Farmers’ market also occurring on Saturday June 3, 2017, staff is recommending that the Applicant provide signage and utilize volunteers to direct traffic to parking for both of the aforementioned locations, as well as to public parking lots. After last year’s event, staff received one comment regarding the lack of parking on the Saturday of the festival. However, this was due to the Farmer’s Market and the STEAM festival taking place on the same day. There were also street closure associate with the STEAM festival. Since street closures are not proposed and the Farmer’s Market is over by noon, staff does not feel that this will be an issue this year. Development Review Committee This proposal was reviewed by the Development Review Committee on May 4, 2017. The City of Downey Police Department expressed concerns regarding noise after 10:00 p.m. As such, staff is recommending that the live entertainment cease no later than 10:00 p.m. The Building, Fire, and Public Works Departments did not have any concerns. 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, 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 CEQA. 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. FINDINGS 1. 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. It is a goal of the General Plan (8.4) to “Enhance Downey’s Cultural Resources.” This goal is implemented in part by General Plan Program 8.4.3.2, which states “Support and encourage community events, such as the Downey Street Faire, Holiday Lane Parade, and ARC walk.” The annual Greek Festival is a local cultural resource that highlights Greek culture; and is an important event for the community, just like the street fair and holiday parade. As such, the special event is consistent with aforementioned General Plan goal. 2. The proposed activity or use is consistent with other provisions of this Article. The subject site is located in the Downtown Downey Specific Plan (DDSP), which serves as the zoning regulation for the area. The development standards of the DDSP are Agenda Page 3 PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 4 designed to attract visitors to the downtown, who can then park and walk to their destination. This special event implements this vision by being a regional draw for visitors to the downtown. Additionally, the applicant has obtained sufficient parking within walking distance to accommodate the anticipated attendance. 3. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event will occur in the parking lot of the Saint George Greek Orthodox Church. The applicant has secured sufficient public parking to accommodate the additional traffic generated by the use, which is within walking distance to the event. Furthermore, this annual event is temporary and will not result in permanent injury to the public health, safety, or welfare. Finally, staff is recommending several conditions of approval that will mitigate any potential impact. CORRESPONDENCE Staff had not received any correspondence as of the date this report was prepared. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-17-00062, subject to the conditions of approval as stated in Exhibit “A” of the Planning Commission Resolution. EXHIBITS A. Maps - Aerial Photograph & Zoning Map B. Site Plan C. Resolution Agenda Page 4 PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 5 Exhibit ‘A’ – Maps AERIAL PHOTOGRAPH Subject Site Agenda Page 5 PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 6 ZONING MAP Agenda Page 6 PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 7 Exhibit ‘B’ – Site Plan Agenda Page 7 RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00062 (SPECIAL EVENT), THEREBY ALLOWING THE OPERATION OF A GREEK FESTIVAL ON JUNE 2, 3, AND 4, 2017 IN THE PARKING LOT OF SAINT GEORGE GREEK ORTHODOX CHURCH 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. Saint George Greek Orthodox Church filed an application on May 1, 2017 requesting approval of a Special Event Permit (PLN-17-00062) to allow the operation of a Greek food festival on the property located at 10830-10846 Downey Avenue (Saint George Greek Orthodox Church) and zoned DDSP (Downtown Downey Specific Plan). B. On May 4, 2017, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; C. The Planning Commission held a duly noticed public hearing on May 17, 2017 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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. 15301 (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. 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-17-00062 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 Applican t shall not install 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. That the proposed activity or use will be consistent with other provisions of this article. The site of the special event proposed by PLN-17-00062 is located within the DDSP Agenda Page 8 Resolution No. 17- Downey Planning Commission PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 2 (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 approximately 55 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. C. 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-17-00062 (Special Event) will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary three-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. 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-17-00062, subject to the 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. [signatures on next page] Agenda Page 9 Resolution No. 17- Downey Planning Commission PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 3 PASSED, APPROVED AND ADOPTED this 17th day of May, 2017. Jim Rodriguez, 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 17th day of May, 2017, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 10 Resolution No. 17- Downey Planning Commission PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 4 CONDITIONS OF APPROVAL PLN-17-00062 (SPECIAL EVENT PERMIT) PLANNING 1) This approval of PLN-17-00062 (Special Event Permit) allows Saint George Greek Orthodox Church, to host a three-day Greek festival on Friday June 2, 2017 from 5:00 p.m. to 10:00 p.m. and Saturday, June 3, 2017 and Sunday, June 4, 2017, 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; and 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) Set up for the event shall occur on Thursday May 30, 2017. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles, stage, electrical equipment, and garbage, shall be removed by Tuesday, June 6, 2017, by 6:00 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. Agenda Page 11 Resolution No. 17- Downey Planning Commission PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 5 8) The Applicant shall obtain any necessary Health Department approvals required for the sale of food at the Greek Festival, on or before Thursday, May 25, 2017. 9) The sale of alcoholic beverages shall comply with the requirements of the State Department of Alcoholic Beverage Control. The Applicant shall provide a copy of this approval to the Downey Police Department on or before Thursday, May 25, 2017. 10) The alcohol area shall be contained within a fenced area where patrons may consume alcohol. 11) The Applicant shall obtain all required Building Department, Police Department and Fire Department permits on or Thursday, May 25, 2017. 12) The owner/applicant shall utilize signage and volunteers to direct traffic to public parking areas nearby. Volunteers shall be responsible for cleaning the litter on adjoining streets. PUBLIC WORKS/ENGINEERING 13) The facility shall provide sufficient trash and recycling receptacles for the disposal of food and debris at the event. 14) All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 15) The owner/applicant shall 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). 16) The owner/applicant shall obtain all necessary plan approvals and permits BUILDING 17) Handicap stalls in the parking area must remain accessible for all uses. 18) The owner/applicant shall provide sufficient restroom facilities for patrons. 19) The Applicant shall obtain all required electrical permits from the Downey Building and Safety Department by Thursday, May 25, 2017. 20) Obtain electrical permits and building permits for sound and ride equipment and the stage on or before Thursday, May 25, 2017. 21) Submit plans showing the security tents and details for the erection of the stage, on or before Thursday May 25, 2017. 22) The applicant shall obtain a tent permit from the Fire Department on or before Thursday, May 25, 2017. Tents and membrane structures having an area in excess of 400 square feet; or tents open on all sides having a size of 700 square feet or more; or aggregate area of multiple tents placed side by side without a fire break clearance of 12 feet and exceeding 700 square feet shall require a separate tent permit [CA Fire Code 3103.2] Agenda Page 12 Resolution No. 17- Downey Planning Commission PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 6 23) 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. 24) Applicant shall ensure a tent permit is obtained no less than seven (7) days prior to the beginning of the special event. The tent permit application shall provide a detailed site plan/map indicating additional detail on generator size, fire protection at generator and cooking areas, tent size and layout, evacuation routes, seating/table plan, etc. 25) Tents shall comply with CA Fire Code, CA Code of Regulations, and State Fire Marshal for flame resistance standards of fabric [CA Fire Code § 3104.3; 3104.4; CCR Title 19 Division 1, §315(d); §335(a)] 26) Generators shall not be refueled hot. 27) Generators shall not be located within 10 feet of lot (property line) 28) No cooking shall be conducted inside tents or canopies. 29) Maintain occupant load in all structures, buildings, tents, canopies as per California Fire Code. 30) The Applicant shall provide a timeline for inspection request(s). If inspection is requested after hours or on the weekend, additional inspection fee (4 hour minimum) may apply as per city fee schedule. 31) The Applicant shall provide fire extinguishers on the subject property in accordance with California Fire Code. Areas where deep frying cooking operations are occurring shall be provided with a K-class fire extinguisher. 32) Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices, combustion engines, and buildings. 33) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all tents. 34) Fire access shall be maintained - fire access roads shall have an unobstructed width of not less than 20 feet [CA Fire Code 503.2.1] and extend to within 150 feet of all portions of building facilities [CA Fire Code 503.1.1]. POLICE 35) The Applicant must have two (2) licensed security guards on-site during the duration of the event (June 2-4, 2017). 36) Within ten days of the approval of PLN-17-00062, the Applicant shall obtain Downey Police Department approval of a security plan for the Greek festival and provide a map of the security locations. 37) Festival security officers shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the color of Downey Police officers; the shirts shall not be blue or black. Agenda Page 13 Resolution No. 17- Downey Planning Commission PLN-17-00062 - 10830-10846 Downey Avenue May 17, 2017 – Page 7 38) The owner/applicant must have two (2) uniformed officers on site during the entire festival, one hour before the live entertainment begins and one hour after the live entertainment ends. END OF CONDITIONS Agenda Page 14