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HomeMy WebLinkAbout3. PLN-18-00126 11620 Lakewood Blvd.STAFF REPORT PLANNING DIVISION DATE: OCTOBER 17, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: ALFONSO HERNANDEZ, ASSOCIATE PLANNER SUBJECT: SPECIAL EVENT PERMIT (PLN-18-00126) - A REQUEST BY DESERT REIGN ASSEMBLY OF GOD CHURCH TO CONDUCT AN ANNUAL ONE-DAY “HARVEST FESTIVAL” LOCATION: 11610 LAKEWOOD BLVD ZONING: C-P (PROFESSIONAL OFFICE) REPORT SUMMARY The Applicant, Desert Reign Assembly of God Church, has requested approval for a Special Event Permit (PLN-18-00126) to operate a festival on the church’s parking lot on, Wednesday, October 31, 2018. The proposal marks the ninth consecutive year for the event. Based on the findings 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 A SPECIAL EVENT PERMIT (PLN-18-00126) - 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 “Harvest Festival” on the subject site for the past nine years. The subject property is a 2.60 acre, irregular-shaped lot, that is located on the south east corner of Hall Road 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, as well as 114 parking spaces located throughout the site. The surrounding properties include apartment buildings bordering the south side of the lot (zoned R-3), the Coca-Cola bottling plant is to the west of the subject site (zoned M-2), retail PC Agenda Page 1 PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 2 and restaurant uses are to the north (zoned C-2), and apartment buildings exist to the east (zoned R-3). Site Photograph (from Lakewood Boulevard) On August 6, 2018, Joyce Rattan 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 September 4, 2018, staff completed the review of the application and deemed it complete. On September 20, 2018, 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. The public hearing was held on October 3, 2018, but the item was continued to a date certain (October 17, 2018) because the applicant failed to attend the meeting. DISCUSSION The applicant is proposing to host a one-day festival on, Wednesday, October 31, 2018, from 5:30 p.m. to 8:30 p.m. The festival will take place on the church’s parking lot at the northwest corner of the lot. Festival activities will consist of kid rides, game booths, a petting zoo, jumpers, and live entertainment. Set-up will begin no earlier than 8:00 a.m. the day of the event, and all activities, including clean-up, will conclude by 11:00 p.m. According to the applicant, they anticipate 300 to 500 attendees throughout the length of the event. The site is accessed by pedestrians at Hall Road along the north property line, and from the south parking area at the south west corner of the church building. Vehicle access is available at Bellflower Boulevard along the east property line. Although, the event is taking place at the church’s parking lot, a remaining 45 parking spaces are located at the southern portion of the lot. An additional 114 off-site parking spaces will be available throughout the event at nearby businesses. The applicant has obtained permission, for use of parking spaces, from the owners of the following addresses: 9300 Hall Road, 11519, 11523 &11531 Bellflower Boulevard, and 11500 & 11534 Lakewood Boulevard. To further assist with traffic, event staff and volunteers will be helping pedestrians cross nearby intersections and streets, and directing vehicles to appropriate parking areas. It is staff’s opinion that parking will not be an issue for the three-hour event. In a review of last year’s festival, staff did not receive any complaints or issues of concern. As part of the conditions of approval, other mitigation measures include that all amplified speakers and lighting equipment be directed away from nearby residential properties, all PC Agenda Page 2 PLN-17-00165 – 11610 Lakewood Blvd October 17, 2017 - Page 3 generators to be placed as far away from property lines as possible, that three (3) security guards be provided throughout the three-hour festival, and that litter/debris be picked up continuously throughout the event. DEVELOPMENT REVIEW COMMITTEE On August 9, 2018, 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 staff’s opinion that the project is consistent with all applicable goals and policies specified in the City’s General Plan. Furthermore, the project aims to provide a temporary recreational use for the church’s patrons and the larger community. The following policy is promoted by the proposed Special Event Permit: Policy 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the public. The event is open to the public and provides activities for enjoyment. These recreational activities include a petting zoo, game booths, live entertainment, a train ride and bounce houses. Therefore, allowing the proposed activity will be consistent with the aforementioned General Plan policy. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The temporary operation of a festival is a permitted use upon the granting of a Special Event Permit in accordance with Downey Municipal Code Section 9420. Furthermore, the project directly complies, or has been conditioned to comply, with all relevant PC Agenda Page 3 PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 4 provisions within Article XI of the Downey Municipal Code. These provisions include, but are not limited to, review process, site restoration, parking, circulation, and maximum length of event. 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 nature of the event, and experience from previous events, proves that no lasting effects will occur to the public health, safety, and general welfare of the community. In addition, all conditions of approval have been incorporated in an effort to mitigate potential nuisances. The length of the event, hours of operation, clean up and restoration, layout, and location of mechanical equipment have been selectively chosen to reduce burdens placed upon neighboring properties. Lastly, security personnel will be on site at all times. 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 is concluding that the proposed Special Event Permit (PLN-18-00126) aims to provide a valuable recreational opportunity for all Downey residents. Furthermore, staff concludes that all of the required findings can be made in a positive manner. Staff recommends that the Planning Commission adopt a resolution approving the Special Event Permit (PLN-18-00126), thereby allowing a one-day festival at Desert Reign Assembly of God Church. EXHIBITS A. Maps B. Draft Resolution C. Project Site Plan PC Agenda Page 4 PLN-17-00165 – 11610 Lakewood Blvd October 17, 2017 - Page 5 Exhibit ‘A’ Subject Site PC Agenda Page 5 PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 6 Subject Site 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. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SPECIAL EVENT PERMIT (PLN-18-00126) - 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 Joyce Rattan (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 September 4, 2018, the project was deemed complete; and, C. On September 20, 2018, 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 duly noticed public hearings on October 3, 2018 and October 17, 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 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. The project is consistent with all applicable goals and policies specified in the City’s General Plan. Furthermore, the project aims to provide a temporary recreational use for the church’s patrons and the larger community. The following policy is promoted by the proposed Special Event Permit: Policy 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the public. The event is open to the public and provides activities for enjoyment. These recreational activities include a petting zoo, game booths, live entertainment, a train ride and bounce houses. Therefore, allowing the proposed activity will be consistent with the aforementioned General Plan policy. B. The proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The temporary operation of a festival is a permitted use upon the granting of a Special Event Permit in accordance with Downey PC Agenda Page 7 Resolution No. 18- Downey Planning Commission PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 2 Municipal Code Section 9420. Furthermore, the project directly complies, or has been conditioned to comply, with all relevant provisions within Article XI of the Downey Municipal Code. These provisions include, but are not limited to, review process, site restoration, parking, circulation, and maximum length of event. C. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The temporary nature of the event, and experience from previous events, proves that no lasting effects will occur to the public health, safety, and general welfare of the community. In addition, all conditions of approval have been incorporated in an effort to mitigate potential nuisances. The length of the event, hours of operation, clean up and restoration, layout, and location of mechanical equipment have been selectively chosen to reduce burdens placed upon neighboring properties. Lastly, security personnel will be on site at all times. 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 this Special Event Permit (PLN-18-00126), 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 17th day of October 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 17th day of October 2018, 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. 18- Downey Planning Commission PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 3 CONDITIONS OF APPROVAL SPECIAL EVENT PERMIT (PLN-18-00126) PLANNING 1. The approval of this Special Event Permit (PLN-18-00126) allows Desert Reign Assembly of God Church to host a one-day festival (October 31, 2018, 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 live entertainment, 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. 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. Prior to October 17, 2018 the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 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. The site must be in full conformance with the approved set of plans, including but not limited to the location of generators, petting zoo, rides, booths, and stage. 7. Setup for the event shall occur no earlier than 8:00 a.m. on Wednesday, October 31, 2018. Site cleaning activities shall not take place past 11:00 p.m. on Wednesday, October 31, 2018. 8. Portable light generators may be brought to the property the day before the event. 9. The Applicant shall provide sufficient trash and recycling receptacles on-site for the disposal of food and debris. PC Agenda Page 9 Resolution No. 18- Downey Planning Commission PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 4 10.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. 11.All speakers for amplified noise shall be directed away from adjacent residential areas. 12.The festival area shall be cordoned off from vehicle traffic, including the on-site parking area. 13.The sale of alcoholic beverages on the subject property is prohibited at all times. 14.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 15.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 Wednesday, October 24, 2018. FIRE 16.Obtain a special event permit from City of Downey Fire Department. Permit shall be obtained through the Fire Prevention Bureau no later than Wednesday, Oct.17 th, 2018. 17.Event set-up including all rides, booths, generator, tents, fire protection, electrical, etc. shall be complete, in place, and ready for inspection by 3:00pm on Wednesday, Oct. 31st. [Note: If inspection is conducted after hours (or on the weekend) an additional inspection fee (4 hour minimum) will be applied as per city fee schedule]. 18.Fire apparatus access (e.g. fire lane) shall be maintained accessible at all times. No event tent, canopy, rides, cooking, stage, etc. shall be placed in fire access lane on west side of church building. Fire lane entering off Hall Road entering the church property shall be kept clear and free of obstructions [CA Fire Code §503.1.1; 503.2.1; 503.4]. 19.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 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]. 20.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)]. 21.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]. 22.Tents shall be adequately secured, anchored, roped, or braced to withstand the elements of weather and prevent structural collapse [CA Fire Code § 3103.9]. PC Agenda Page 10 Resolution No. 18- Downey Planning Commission PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 5 23.Generators, if used, shall not be located within 10 feet of lot (property line) and 20 feet of tents/membrane structures [CA Fire Code § 3104.19]. An approved barrier (e.g. fencing) shall be provided around generator. 24.SFM-tagged 4A-20BC rated extinguisher shall be provide at the generator as per NFPA 10 and CA Fire Code §906. 25.No cooking shall be conducted inside tents or canopies; cooking and heating equipment shall not be located within 10 feet of combustible materials [CA Fire Code § 3104.15.3]. 26.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 extinguishers shall be in good repair, serviced, and with CA SFM-tag affixed indicating required annual service complete. 27.Maintain occupant load in all structures, buildings, tents, canopies as per California Fire Code. Occupant load signs, where required, shall be conspicuously posted [CA Fire Code § 3104.14; §1004.3]. 28.Egress from church building shall not be obstructed by event. Egress (exiting from church) shall be maintained accessible and unobstructed at all times [CA Fire Code § 1031.2]. 29.All electrical cords shall be UL-listed and rated for heavy-duty, outdoor use and protected from physical damaged by cable bridges or other approved methods [CA Fire Code § 605.5]. 30.All mechanical 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. 31.Each mechanical amusement ride shall display the required State registration (identification & rating plate). At time of special event application, submit list of rides with their corresponding current annual permit to operate. POLICE 32.The owner/applicant must provide three (3) licensed security guards on-site during the duration of the event. 33.Carnival security officers shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the shirt/uniform colors of Downey Police officers; they shall not be blue or black. All security guards shall wear shirts with “SECURITY” written in large white letters on the front, back, and around arm sleeve bands. The security guards shall be unarmed. PUBLIC WORKS/ENGINEERING 34.The owner/applicant shall obtain all necessary plan approvals and permits. 35.The facility must provide adequate trash receptacles (refuse/recycle) for the event. PC Agenda Page 11 Resolution No. 18- Downey Planning Commission PLN-18-00126 – 11610 Lakewood Blvd October 17, 2018 - Page 6 36.The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; and Ordinance 1142 of the Downey Municipal Code (DMC). 37.Parking lot maintenance by water hosing method shall be prohibited at all times (refer to Attachment A: Best Management Practice). 38.Closure of public streets for parking purposes shall not be permitted at any time. 39.Handicap stalls in the south parking area must remain handicap accessible. 40.The owner/applicant shall provide sufficient restroom facilities for patrons. END OF CONDITIONS PC Agenda Page 12 P C A g e n d a P a g e 1 3