Loading...
HomeMy WebLinkAbout1. PLN-17-00165 11610 LakewoodSTAFF REPORT PLANNING DIVISION DATE: OCTOBER 18, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-17-00165 (SPECIAL EVENT PERMIT) - A REQUEST BY DESERT REIGN ASSEMBLY OF GOD CHURCH TO CONDUCT THE ANNUAL ONE-DAY “HARVEST FESTIVAL” 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 a Special Event Permit (PLN-17-00165) to allow the annual one-day “Harvest Festival” event on the parking lot of the church property, on Tuesday, October 31, 2017. This event has been conducted for eight years. After reviewing the analysis contained within 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-17-00165 (SPECIAL EVENT PERMIT) - A REQUEST TO CONDUCT THE ANNUAL ONE-DAY “HARVEST FESTIVAL” ON THE PARKING LOT OF DESERT REIGN ASSEMBLY OF GOD CHURCH, LOCATED AT 11610 LAKEWOOD BOULEVARD, ZONED C-P (PROFESSIONAL OFFICE) BACKGROUND Desert Reign Assembly of God Church has held its annual festival on the subject site for the past eight years. 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. The site is zoned C-P (Professional Office) and is currently improved with a two-story, 27,500 square foot church and a single story, 9,000 square foot dialysis (medical) clinic. 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, with retail and restaurant uses on the north side of Hall Road, and apartment buildings exist to the east across Bellflower Boulevard. PC Agenda Page 1 PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 2 Site Photograph (from Lakewood Boulevard) On September 28, 2017, Mr. Larry Salazar submitted a Special Event Permit application on behalf of Desert Reign Assembly of God Church, to obtain the Planning Commission’s approval to conduct the annual one-day festival on the church’s parking lot. On October 3, 2017, staff completed the review of the application and deemed it complete. On October 5, 2017, staff mailed notice of the pending public hearing to all property owners within 500 feet of the subject site and the notice was also published in the Downey Patriot. DISCUSSION The applicant proposes a one-day festival on Tuesday, October 31, 2017, from 5:30 p.m. to 8:30 p.m. The applicant will close down the church’s parking lot at the northwest corner of Lakewood Boulevard and Hall Road to setup the event. Festival activities will consist of kid rides, game booths, a petting zoo, jumpers, and live entertainment. Desert Reign Assembly of God Church will promote the event. Set-up will begin no earlier than 8:00 a.m. the day of the event, and clean-up activity will conclude by 11:00 p.m. According to the applicant, there will be 300 to 500 attendees at the festival. The stage for live entertainment includes amplified speakers and lighting equipment, which will be directed away from local residences. Generators will be placed away from property lines. Similar to last year’s event, the applicant will be providing three (3) security guards throughout the three-hour festival. In addition, staff is recommending conditions of approval to require the applicant to pick up trash during the event, on-site and in the immediate vicinity of the church, and to make restroom facilities available to patrons. The applicant’s proposal will include closing the parking lot on the north side of the site for the event. The applicant will maintain 45 parking spaces on the south side of the site for visitors after 7:00 p.m. An additional 114 off-site parking spaces will be provided during the three-hour event. The applicant has obtained permission from the owners of the following businesses to use their parking spaces: 9300 Hall Road, 11519, 11523 &11531 Bellflower Boulevard, and 11500 & 11534 Lakewood Boulevard. According to the applicant, event staff and volunteers will help assist visitors crossing the Hall Road and Bellflower Boulevard intersections. Also, the applicant will provide shuttles to bring visitors from and return to the OmniTeam, Inc. business located at 9300 Hall Road. It is staff’s opinion that parking will not be an issue for the three-hour event. In a review of last year’s carnival, staff did not receive any complaints or issues of concern. PC Agenda Page 2 PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 3 DEVELOPMENT REVIEW COMMITTEE On October 5, 2017, the proposed carnival was presented to the Development Review Committee. The Downey Police Department provided their standard condition of approval that includes three (3) security guards on site during the duration of the event. The Fire Department and Building and Safety Division included conditions of approval for the proposed inflatable houses, mechanical rides, and any outdoor generators. The Public Works Department did not express any concerns and provided their standard conditions of approval for the event. Recommended conditions of approval have been included in the attached resolution. 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 CEQA. 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, 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. It is a request to hold a one-day festival on Tuesday October 31, 2017. This is consistent with General Plan Program No. 1.1.5.3 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. The event is open to the public and allows the community to get together to assist in generating funds for the church. Therefore, 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 proposed one-day event is located on the parking lot of Desert Reign Assembly of God Church, where special events such as outdoor events and festivals are permitted subject to the provisions of Section 9420 of the Downey Municipal Code. Parking needs for the church will not be affected by the proposed event since it will occur at 5:30 p.m. after the church’s worship service hours. The remaining 45 parking spaces on the south side of the site, adjacent to the DaVita Dialysis Center, will be available to visitors after 7:00 p.m. As an alternative, visitors will be using the 114 off-site parking spaces at various locations in the vicinity. As proposed on the site plan, activities of the event will not encroach into the public right-of-ways and pedestrian pathways. Conditions of approval to mitigate noise and other potential impacts are incorporated. Therefore, the special event is consistent with the other provisions of the Code. PC Agenda Page 3 PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 4 3. That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The temporary event will occur on the parking lot of the church property. The applicant will maintain 45 parking spaces on the south side of the site for visitors after 7:00 p.m. and the church will provide restroom facilities on the premises to accommodate visitors. An additional 114 off-site parking spaces will be provided during the three-hour event. Also, conditions of approval are incorporated to address any concerns related to the permitted hours of event, noise, security, require trash receptacles, restroom, and site clean-up. Approving the special event, governed by the attached conditions of approval, will not result in conditions contrary to the public health, safety and general welfare. 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 herein, and the previous years of the festival operating without incident, staff is concluding this event can be a benefit to the community. Furthermore, staff concludes that all of the required findings can be made in a positive manner. Therefore, staff recommends that the Planning Commission adopt a resolution approving the Special Event Permit (PLN-17-00165), subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. EXHIBITS A. Maps B. Draft Resolution C. Project Site Plan PC Agenda Page 4 PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 5 Exhibit ‘A’ Subject Site PC Agenda Page 5 PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 6 Event Area Subject Site Off-Site Parking 9300 Hall Rd 11519 &11523 Bellflower Blvd 11531 Bellflower Blvd 11500 Lakewood Blvd 11534 Lakewood Blvd PC Agenda Page 6 RESOLUTION NO. 17-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00165 (SPECIAL EVENT PERMIT) - A REQUEST TO CONDUCT THE ANNUAL ONE-DAY “HARVEST FESTIVAL” ON THE PARKING LOT OF DESERT REIGN ASSEMBLY OF GOD CHURCH, LOCATED AT 11610 LAKEWOOD BOULEVARD, ZONED C-P (PROFESSIONAL OFFICE). 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 Larry Salazar (hereinafter “Applicant”), on behalf of Desert Reign Assembly of God Church, requesting approval of a Special Event Permit to allow the operation of a one-day “Harvest Festival” on the church parking lot, located at 11610 Lakewood Boulevard (hereinafter "Subject Property"), zoned C-P (Professional Office); and, B. On October 3, 2017, the project was deemed complete; and, C. On October 5, 2017, notice of the pending public hearing was sent to all Downey property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and, D. The Planning Commission held a duly noticed public hearing on October 18, 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. 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 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 request to hold a one-day festival on Tuesday October 31, 2017 from 5:30 p.m. to 8:30 p.m. This is consistent with General Plan Program No. 1.1.5.3 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. The event is open to the public and allows the community to get together to assist in generating funds for the church. Therefore, allowing the proposed activity will be consistent with the aforementioned General Plan program. B. The proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The proposed one-day event is located on the parking lot of Desert Reign Assembly of God Church, where special events such as outdoor events and festivals are permitted subject to the provisions of Section 9420 of the Downey Municipal Code. Parking needs for the church will not be affected by the proposed event since it will occur at 5:30 p.m. after the church’s worship service PC Agenda Page 7 Resolution No. 17-____ Downey Planning Commission PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 2 hours. The remaining 45 parking spaces on the south side of the site, adjacent to the DaVita Dialysis Center, will be available to visitors after 7:00 p.m. As an alternative, visitors will be using the 114 off-site parking spaces at various locations in the vicinity. As proposed on the site plan, activities of the event will not encroach into the public right-of-ways and pedestrian pathways. Conditions of approval to mitigate noise and other potential impacts are incorporated. Therefore, the special event is consistent with the other provisions of the Code. C. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The temporary event will occur on the parking lot of the church property. The applicant will maintain 45 parking spaces on the south side of the site for visitors after 7:00 p.m. and the church will provide restroom facilities on the premises to accommodate visitors. An additional 114 off-site parking spaces will be provided during the three-hour event. Also, conditions of approval are incorporated to address any concerns related to the permitted hours of event, noise, security, require trash receptacles, restroom, and site clean-up. Approving the special event, governed by the attached conditions of approval, will not result in conditions contrary to the public health, safety and general welfare. 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-17-00165 (Special Event Permit), 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 18th day of October 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 18th day of October 2017, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 8 Resolution No. 17-____ Downey Planning Commission PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 3 SPECIAL EVENT PERMIT (PLN-17-00165) CONDITIONS OF APPROVAL PLANNING 1. The approval of this Special Event Permit allows Desert Reign Assembly of God Church to host a one-day festival (October 31, 2017, from 5:30 p.m. to 8:30 p.m.) on the church parking lot, on property located at 11610 Lakewood Blvd. Approved activities include: various carnival game booths, kid rides, petting zoo, jumpers, and disc jockey, all taking place within the north parking lot of the church’s property. 2. Approval of this Special Event Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3. Setup for the event shall occur no earlier than 8:00 a.m. on Tuesday, October 31, 2017. Site cleaning activities shall not take place past 11:00 p.m. on Tuesday, October 31, 2017. 4. Portable light generators may be brought to the property the day before the event. 5. The Applicant shall provide sufficient trash and recycling receptacles on-site for the disposal of food and debris. 6. All speakers for amplified noise shall be directed away from adjacent residential areas. 7. The festival area shall be cordoned off from vehicle traffic, including the on-site parking area. 8. 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. 9. The Applicant shall have volunteers patrol the parking areas and the 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. 10. The sale of alcoholic beverages on the subject property is prohibited at all times. PC Agenda Page 9 Resolution No. 17-____ Downey Planning Commission PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 4 11. 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. 12. All Health Department approvals required for the sale or serving of food shall be obtained not less than two days before the start of the event. BUILDING & SAFETY 13. The applicant shall obtain all permits required by the City of Downey Building and Safety Division, Police Department and Fire Department for mechanical rides, electrical connections, or other activities associated with the event on or before Tuesday, October 24, 2017. FIRE 14. The applicant shall obtain the Fire Department’s approval for the use of any tents on or before Tuesday, October 24, 2017. 15. All tents, extinguishers and electrical work must in place by 12:00 p.m. on Tuesday October 31, 2017 to enable an inspection by the Fire Department and the Building and Safety Division. 16. Tents, canopies, 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 an 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]. 17. Tents shall comply with CA Fire Code, CA Code of Regulations, and the 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)]. 18. Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices, combustion engines, and buildings [CA Fire Code § 3104.7]. 19. Generators shall not be located within 10 feet of a lot (property line) and 20 feet of tents/membrane structures [CA Fire Code § 3104.19]. In addition, an approved barrier (e.g. fencing) shall be provided around generator. 20. An SFM-tagged 4A-20BC rated fire extinguisher shall be provide at the generator as per NFPA 10 and CA Fire Code §906. 21. No cooking shall be conducted inside tents or canopies. In addition, any heating equipment shall not be located within 10 feet of combustible materials [CA Fire Code §3104.15.3]. 22. The Applicant shall provide fire extinguishers on the subject property in accordance with California Fire Code. All extinguishers shall be in good repair, serviced, and with CA SFM- tag affixed indicating required annual service complete. 23. Outdoor generators shall not be refueled hot. PC Agenda Page 10 Resolution No. 17-____ Downey Planning Commission PLN-17-00165 – 11610 Lakewood Blvd October 18, 2017 - Page 5 24. The Applicant shall maintain an occupant load in all structures, buildings, tents, canopies as per California Fire Code. The occupant load signs, where required, shall be conspicuously posted [CA Fire Code §3104.14; §1004.3]. 25. All electrical cords shall be UL-listed and rated for heavy-duty, outdoor use and protected from physical damage by cable bridges or other approved methods [CA Fire Code §605.5]. 26. All amusement rides shall be permitted with State of California DIR-DOSH. All amusement rides shall comply with the requirements of CCR Title 8 – General Safety Orders and CA Labor Code. 27. Each amusement ride shall display the required State registration (identification and rating plate). 28. The Applicant shall at the time of special event application to the Fire Department, submit list of rides with their corresponding current annual permit to operate. POLICE 29. The owner/applicant must provide three (3) licensed security guards on-site during the duration of the event. PUBLIC WORKS/ENGINEERING 30. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 31. 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 and Ordinance 1142 of the Downey Municipal Code. 32. Closure of public streets for parking purposes shall not be permitted at any time. 33. Handicap stalls in the south parking area must remain handicap accessible. 34. The owner/applicant shall provide sufficient restroom facilities for patrons. H:\Community Development\Nguyen\CASES\Special Event (PC)\2017\11610 Lakewood (Desert Reign Church)\17-00165 reso.doc PC Agenda Page 11 Music Stage Festival Parking P r a y e r B o o t h Parking Shuttle Drop-Off PC Agenda Page 12