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HomeMy WebLinkAbout1. PLN-18-00055 - 10830 Downey AveSTAFF REPORT PLANNING DIVISION DATE: MAY 16, 2018 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-18-00055 (SPECIAL EVENT) – A REQUEST BY SAINT GEORGE GREEK ORTHODOX CHURCH TO CONDUCT THE GREEK FESTIVAL FOR TWO CONSECUTIVE DAYS (JUNE 2 AND JUNE 3, 2018) LOCATION: 10830 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 the church to hold their annual Greek Food Festival in the church parking lot on June 2 and 3, 2018. 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 SPECIAL EVENT (PLN-18-00055), THEREBY ALLOWING THE OPERATION OF THE GREEK FESTIVAL ON JUNE 2 AND 3, 2018 IN THE PARKING LOT OF SAINT GEORGE GREEK ORTHODOX CHURCH LOCATED AT 10830 DOWNEY AVENUE, AND ZONED DOWNTOWN DOWNEY SPECIFIC PLAN BACKGROUND Saint George has conducted the Greek Festival annually since 1984. Saint George Orthodox Church is located at 10830 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 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. Agenda Page 1 PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 2 On April 25, 2018, the Applicant submitted a Special Event Permit application (PLN-18-00055) to request for the operation of 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 3, 2018. 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 and from the driveway along La Villa Street to the east of the building. Saint George Greek Orthodox Church anticipates 6,000 attendees over the two-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 and alcoholic beverages. 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 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. In the past, the event occurred on three consecutive days (Friday, Saturday & Sunday). This year, the applicant is requesting for a two-day event on Saturday June 2, 2018 and Sunday June 3, 2018 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 square foot covered area, with a three-foot raised 256-square-foot stage. This area is located approximately 100 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. In a review of last year’s festival, staff did not receive any complaints or issues of concern. Set up for the event will begin on Thursday May 31, 2018, and take down and clean-up will be completed by Tuesday, June 5, 2018, by 6:00 p.m. The Church intends to utilize 100-150 volunteers to manage the event. Parking As with previous years, 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 also makes their parking lot available for attendees. On Sunday, June 3, 2018, 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 2, 2018, staff is recommending that the Applicant provide signage Agenda Page 2 PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 3 and utilize volunteers to direct traffic to parking for both of the aforementioned locations; as well as, to public parking lots. 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. Last year’s event, staff did not receive any complaints regarding the event. DEVELOPMENT REVIEW COMMITTEE This proposal was reviewed by the Development Review Committee on May 3, 2018. The Downey Police Department had additional concern about the present of police officers during the hours of live entertainment. The Fire Department concerned about proper fire lane access throughout the site, particularly at the entrance/exit along Downey Avenue. These issues of concern have been addressed through conditions of approval. The Building and Public Works Departments did not have any concerns. 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 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 (i.e. carnivals) that will have no permanent effect on the environment. FINDINGS Pursuant to the requirements of the Municipal Code Section 9814.08 (Special Event Permit), the Planning Commission must make the following findings to approve the request: 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 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. B. The proposed activity or use is consistent with other provisions of this Article. The site of the special event proposed by this permit is located within the 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 Agenda Page 3 PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 4 Church (8348 East Third Street) to the south. Staff is recommending conditions of approval to address concerns related to noise, light and glare, and other potential nuisances. C. 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 As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Based on the analysis contained herein, and the previous years of the carnival 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, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. EXHIBITS A. Maps B. Site Plan C. Resolution Agenda Page 4 PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 5 Exhibit ‘A’ – Maps VICINITY MAP AERIAL PHOTOGRAPH Subject Site Agenda Page 5 PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 6 ZONING MAP PARKING Agenda Page 6 PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 7 Exhibit ‘B’ – Site Plan Agenda Page 7 RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SPECIAL EVENT (PLN-18-00055), THEREBY ALLOWING THE OPERATION OF THE GREEK FESTIVAL ON JUNE 2 AND 3, 2018 IN THE PARKING LOT OF SAINT GEORGE GREEK ORTHODOX CHURCH LOCATED AT 10830 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 April 25, 2018, requesting approval of a Special Event Permit (PLN-18-00055) to allow the operation of the annual Greek festival on the property located at 10830 Downey Avenue and zoned DDSP (Downtown Downey Specific Plan); and, B. On May 3, 2018, 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; and, C. The Planning Commission held a duly noticed public hearing on May 16, 2018, 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 hearing, 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. 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. B. That the proposed activity or use will be consistent with other provisions of this article. The site of the special event proposed by this permit is located within the 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 Agenda Page 8 Resolution No. 18-____ Downey Planning Commission PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 2 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. Conditions of approval to address concerns related to noise, light and glare, and other potential nuisances have been included. C. 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 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, Conditions of approval have been included to mitigate any potential impact. 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-18-00055, 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. PASSED, APPROVED AND ADOPTED this 16th day of May, 2018. Patrick Owens, 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 16th day of May, 2018, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 9 Resolution No. 18-____ Downey Planning Commission PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 3 CONDITIONS OF APPROVAL PLN-18-00055 (SPECIAL EVENT PERMIT) PLANNING 1) This approval of PLN-18-00055 (Special Event Permit) allows Saint George Greek Orthodox Church, to host a two-day Greek festival on Saturday, June 2, 2018 and Sunday, June 3, 2018, 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 applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey, on or before Friday, May 25, 2018. 5) 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. 6) Set up for the event shall occur no earlier than Thursday May 31, 2018. 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 5, 2018, by 6:00 p.m. 7) 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. Agenda Page 10 Resolution No. 18-____ Downey Planning Commission PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 4 8) 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. 9) The Applicant shall obtain any necessary Health Department approvals required for the sale of food at the Greek Festival, on or before Friday, May 25, 2018. 10) The Applicant shall obtain all required Building Department, Police Department and Fire Department permits on or Friday, May 25, 2018. 11) 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 12) The facility shall provide sufficient trash and recycling receptacles for the disposal of food and debris at the event. 13) All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 14) 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). 15) The owner/applicant shall obtain all necessary plan approvals and permi ts. BUILDING 16) Handicap stalls in the parking area must remain accessible for all uses. 17) The owner/applicant shall provide sufficient restroom facilities for patrons. 18) The Applicant shall obtain all required electrical permits from the Downey Building and Safety Department by Friday, May 25, 2018. 19) Obtain electrical permits and building permits for sound and ride equipment and the stage on or before Friday, May 25, 2018. 20) Submit plans showing the security tents and details for the erection of the stage, on or before Friday, May 25, 2018. FIRE 21) No cooking shall be conducted inside tents or canopies. 22) All tents, fire protection equipment, cooking equipment, and electrical work must in place and ready for field inspection by 9:00 a.m. on Saturday June 2, 2018 to facilitate a fire-life safety inspection by the Downey Fire Department. Agenda Page 11 Resolution No. 18-____ Downey Planning Commission PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 5 23) The applicant shall obtain a tent permit from the Fire Department on or before Friday, May 25, 2018. 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]. 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) Tents with occupant load in excess of 50 persons shall provide number of exits and illuminated exit signs and emergency lighting. 27) Generators shall not be refueled hot and shall be properly grounded. 28) Generators shall not be located within 10 feet of lot (property) line. 29) The Applicant shall provide physical barriers (i.e. fences) to prevent unwanted access and contact with generators. 30) A minimum of Class 4BC fire extinguisher shall be provided at the location of generators. 31) Maintain occupant load in all structures, buildings, tents, canopies as per California Fire Code. Occupant load shall be posted and clearly visible inside canopy/tents with side wall, assembly hall area. 32) 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. 33) 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. All fire extinguishers shall be provided and clearly visible at seating area, beer garden tent, tent/stage area, and every 75 feet of cooking tents. 34) Tents shall be properly anchored. Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices, combustion engines, and buildings. 35) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all tents. 36) 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]. Agenda Page 12 Resolution No. 18-____ Downey Planning Commission PLN-18-00055 - 10830 Downey Avenue May 16, 2018 – Page 6 37) A separate fire access site map shall be provided clearly and legibly showing fire access to site and on-site (property) fire lane with minimum of 20 feet clear width. 38) Liquid petroleum gas shall be stored a minimum distance of 10 feet outside of t ents. Liquid petroleum gas cylinders shall be properly secured to prevent damage. 39) The applicant shall provide trained crowd manager(s) approved by Downey Fire Chief. The minimum number of crowd managers shall be established at a ratio of 1 crowd manager to every 250 persons. The Applicant shall meet with Downey Fire to determine the specific number of crowd managers required on or before Friday, May 25, 2018. POLICE 40) The Applicant shall have a minimum of two (2) licensed security guards on-site during the duration of the event. 41) The alcohol area shall be contained within a fenced area where patrons may consume alcohol. 42) 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 Friday, May 25, 2018. 43) The Applicant shall obtain Downey Police Department approval of a security plan for the Greek festival and provide a map of the security locations no later than May 25, 2018. 44) 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. 45) The owner/applicant must have two (2) uniformed police officers on scene at least one hour prior to the commencement of live entertainment and at least one hour after the conclusion of live entertainment. END OF CONDITIONS Agenda Page 13