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HomeMy WebLinkAbout5. PLN-23-00026_ Car Show_11040 Brookshire AveDIVISIONCityofDowney STAFF REPORT a PLANNING DATE: MARCH 15, 2023 TO: PLANNING COMMISSION SUBMITTED Y: ART BASHMAKIAN, AICP, INTERIM CITY PLANNER PREPARED BY: IRVING ANAYA, ASSOCIATE PLANNER SUBJECT: PL-23-0002 (SPECIAL EVENT PERMIT) — A REQUEST TO HOLD THE THIRD ANNUAL KIWANIS-LOS AMIGOS CAR SHOW FUNDRAISER AT DOWNEY HIGH SCHOOL ON APRIL 1, 2023, FROM 9:00 A.M. TO 2:30 P.M. LOCATION: 11040 BROOKSHIRE AVENUE ZONING: R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE -FAMILY RESIDENTIAL) REPORT SUMMARY Claude Bilodeau (hereinafter the "Applicant") is requesting a Special Event Permit to allow a one -day event to host the Third Annual Kiwanis — Los Amigos Car Show Fundraiser on Saturday April 1, 2023 from 9:00 a.m. to 2:30 p.m. Pursuant to Downey Municipal Code (DC) Section 9420.04(c), special events involving over five hundred (500) people shall require Planning Commission approval. Based on analysis contained in this report, Staff is recommending that the Planning Commission adopt the following titled resolution: RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF DOWNEY APPROVINGLN-3-006 (SPECIAL EVENT PERMIT), THEREBY ALLOWING THE THIRD L KIWANIS — LS AMIGOS CAR SHOW FUNDRAISER EVENT ON APRIL 1, 2023, ON PROPERTY LOCATED AT 11040 BROOKSHIREAVENUE, ZONED -2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE -FAMILY RESIDENTIAL) BACKGROUND The subject site is improved with Downey High School and is zoned R-2 (Two -Family Residential) and R-3 (Multiple -Family Residential) with a General Plan Land Use designation of U (Mixed -Use). This will be the third year that the Los Amigos Kiwanis will hold the one -day car show fundraising event. The school campus occupies 42 acres and is located on the northeast corner of Brookshire Avenue and Firestone Boulevard. The proposed temporary event will specifically encompass PC AGENDA PAGE 1 the school's 2.57-acre parking lot located in the southwest corner of the site, enclosed by an eight -foot tall wrought iron fence. The surrounding uses include single-family residential and apartment buildings to the north, single-family residential and office buildings to the east, the Downey Civic Center is to the west across Brookshire Avenue, and retail uses to the south across Firestone Boulevard. On March 8, 2023, staff mailed notice of received application to all property owners within 100 feet of the subject site. DISCUSSION This will be the third year that the Downey Rancho Los Amigos Kiwanis Club will hold the car show. The parking lot where the event will be held is approximately 540 feet from residential properties on the east (Marbel Avenue) and 1,216 feet from residential properties to the north (5th Street). The set up for the event will occur the same day as the event Saturday April, 1, 2023. Organizers will allow participants and vendors to begin set up at 6:30 a.m. Restoration and clean-up of the site including removal of all vehicles, tents, and equipment will occur same day by no later than 4:30 p.m. A condition has been included under the Conditions of Approval to ensure that sidewalks and adjacent public areas are also cleaned up. According to the submitted site layout for the temporary event, a stage will be located at the north end of the event area, adjacent to the school building. All food and merchandise vendors will be located throughout the south perimeter of the parking lot, adjacent to Firestone Boulevard. All vehicles participating in the car show will be parked within the existing parking spaces within the center of the event area. All existing drive aisles will remain open for circulation purposes. Portable restrooms and handwash stations will be located at the northwest and northeast corners of the event area. South view of subject property along Firestone Boulevard The Applicant will be providing 200 available parking spaces, including 10 accessible spaces, available on the northern parking lot near the tennis facility and 150 parking spaces, including 4 accessible spaces, available at the east of the school near the baseball fields on 31 Street as conditioned in the conditions of approval. The temporary event will have three (3) pedestrian access points; one along Brookshire Avenue near the school buildings on the west; another access point will be from Firestone Boulevard at the southeast corner, for those parking at the baseball field parking lot, an entrance to the site at the northeast corner of the temporary event. There is a .797_T \ 9 : ' _ ewn walkway along the south perimeter of the campus connecting the parking lot to this event area entrance. With regards to security, the Applicant will have private security guards observing the event. Overall, the temporary event will remain open to the public for those who wish to view a variety of classic automobiles, enjoy live entertainment and food, and shop from a variety of vendors. DEVELOPMENT REVIEW COMMITTEE The project was reviewed by the Development Review Committee (DRC) and standard comments were provided. Staff included conditions in order to address the department's comments. Other departments had no other concerns and standard conditions were provided. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is not Subject to CEQA because the activity is not a project as defined in Section 15378. FINDINGS Pursuant to the requirements of the Municipal Code, Staff recommends that the Planning Commission make the following findings to approve the overall request: 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 overall request is a special event is consistent with all applicable objectives, policies, and programs specified in the City's General Plan. In addition, the temporary event's fundraising efforts help achieve various long-term goals. Specifically, the following policies are promoted by the Special Event Permit: Program 7.4.1.4 — Support efforts to raise funds for local school districts and other groups involved with providing educational facilities for residents. Program 1.1.5.3 — Promote recreation and entertainment uses that serve needs of the public. The proposed activity is a temporary event involving a fundraising car show that also includes food booths, merchandise vendors, and live music/entertainment which will take place April 1, 2023, between 9:00 a.m. to 2:30 p.m. Such temporary events are not inconsistent with the general plan and such events typically occur on large sites such as the school's parking lot. B. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. Downey High School is located within the R-2 (Two -Family Residential) and R-3 (Multiple -Family Residential) zones, which allows for the establishment of public schools. Operation of a car show will not alter the existing use of the site or create a need to PC AGENDA PAGE 3 deviate from any section of the Downey Municipal Code. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, subject to the general requirements stated in Special Event's Code Section. The proposed event satisfies those requirements. The event will be similar in size and occupy the same general area it occupied during the two previous events. This event will operate under the same conditions which will ensure that the activity will not be detrimental to the area. C. 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 south parking lot of the school property. The Applicant will provide 200 parking spaces at the north parking lot and 150 parking spaces at the baseball field parking lot, with a total of 14 accessible parking spaces. The Applicant will provide restroom facilities on the northeast and northwest corner of the event area to accommodate visitors. Also, conditions of approval are incorporated to address any concerns related to the permitted hours of the event, parking, noise, security, trash receptacle requirements, restrooms, 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 in this report, staff recommends that the Planning Commission adopt the resolution approving the Special Event Permit (PLN-23-00026), subject to the conditions of approval as stated in the Planning Commission Resolution. EXHIBITS A. Aerial Photograph, Location Map & Zoning Map B. Draft Resolution C. Car Show Layout PC AGENDA PAGE 4 Exhibit `A' — Maps AERIAL PHOTOGRAPH PC AGENDA PAGE 5 LOCATION MAP le7_TeI: I'D1BE,19_Eel ZONING MAP 147_[e10,0119011 WiTel RESOLUTION NO. 23- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-23-00026 (SPECIAL EVENT PERMIT), THEREBY ALLOWING THE THIRD ANNUAL KIWANIS — LOS AMIGOS CAR SHOW FUNDRAISER EVENT ON APRIL 1, 2023, ON PROPERTY LOCATED AT 11040 BROOKSHIRE AVENUE, ZONED R-2 (TWO-FAMILY RESIDENTIAL) AND R-3 (MULTIPLE -FAMILY RESIDENTIAL) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On March 6, 2023, an application was filed by Claude Bilodeau on behalf of the Downey Rancho Los Amigos Kiwanis Club (hereinafter "Applicant"), requesting approval of a Special Event Permit to allow a one -day car show fundraiser on April 1, 2023, on the property located at 11040 Brookshire Avenue (Downey High School), Downey, California, and zoned R-2 (Two-family residential) and R-3 (Multiple -Family Residential); and, B. On March 8, 2023, notice of the received application was sent to all Downey property owners within 100 feet of the subject site; and, C. The Planning Commission held a duly noticed public hearing on March 15, 2023 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 that the Special Event is not Subject to California Environmental Quality Act (CEQA) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines. 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. The proposed activity or use is consistent with the objectives, policies, and general land uses and programs specified in the City's General Plan. The overall request is a temporary fundraising event is consistent with all applicable objectives, policies, and programs specified in the City's General Plan. In addition, the temporary event's fundraising efforts help achieve various long-term goals. Specifically, the following policies are promoted by the Special Event Permit: Program 7.4.1.4 — Support efforts to raise funds for local school districts and other groups involved with providing educational facilities for residents. Program 1.1.5.3 — Promote recreation and entertainment uses that serve needs of the public. The proposed activity is a temporary event involving a fundraising car show that also includes food booths, merchandise vendors, and live music/entertainment which will take place April 1, 2023, between 9:00 a.m. to 2:30 p.m. Such temporary events are not inconsistent with the general plan and such events typically occur on large sites such as the school's parking lot. B. That the proposed activity or use is consistent with other provisions of this article. Downey High School is located within the R-2 (Two -Family Residential) and R-3 (Multiple -Family Residential) zones, which allows for the establishment of public schools. Operation of a car show will not alter the existing use of the site or create a need to deviate from any section of the Downey Municipal Code. Section 9420.20 of the Downey Municipal Code permits special outdoor events in residential zones, subject to the general requirements stated in Special Event's Code Section. The proposed event satisfies those requirements. The event will be similar in size and occupy the same general area it occupied during the two previous events. This event will operate under the same conditions which will ensure that the activity will not be detrimental to the area. C. 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 south parking lot of the school property. The applicant will provide 200 parking spaces at the north parking lot and 150 parking spaces at the baseball field, with a total of 14 accessible parking spaces. The Applicant will provide restroom facilities on the northeast and northwest corner of the event area to accommodate visitors. Also, conditions of approval are incorporated to address any concerns related to the permitted hours of the event, parking, noise, security, trash receptacle requirements, restroom, and site clean- up. 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 the Special Event Permit (PLN-23-00026), 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 15t" day of March 2023. Horacio Ortiz, Chairman City Planning Commission PC AGENDA PAGE 9 I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 15th day of March 2023, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Alfonso Hernandez Principal Planner PC AGENDA PAGE 10 CONDITIONS OF APPROVAL SPECIAL EVENT PERMIT (PLN-23-00026) 1) This approval of this Special Event Permit allows Downey Rancho Los Amigos Kiwanis Club to host a one -day car show event on April 1, 2023 from 9:00 a.m. to 2:30 p.m. in the southern parking lot of Downey High School, which consists of food booths, merchandise vendors, and live entertainment, located at 11040 Brookshire Avenue. 2) All participants and vendors shall start set up no earlier than 6:30 a.m. the day of the event. 3) 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. 4) 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Special Event Permit becomes valid. 6) The Applicant shall provide sufficient trash receptacles at the rest stations for the disposal of food, drink, and other goods. 7) Live music/entertainment is limited to take place at the stage area as shown on City approved plans. All speakers associated with the event must be positioned to direct noise away from nearby residential uses. 8) The sale and consumption of alcoholic beverages shall be prohibited at all times. 9) The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 10) Signs advertising the event are not allowed outside of the proximity of the subject property. In addition, hand held signs shall not be utilized on public or private property to advertise the event. 11) The use of delineation and traffic control on public right-of-way (i.e. Florence Avenue, Downey Avenue, New Street, Fourth Street, Paramount Boulevard, Firestone Boulevard, and Lakewood Boulevard) shall be prohibited. 12) The Applicant shall provide 200 onsite parking spaces in the northern parking lot, 150 onsite parking spaces near the baseball fields and an overall 14 accessible parking spaces for attendees and participants in designated parking lots of Downey High School in order to mitigate potential traffic concerns. PC AGENDA PAGE 11 13) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and 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. 14) Complete restoration of the site, which includes removal of all tables and chairs, booths, trash receptacles, portable restrooms, electrical equipment, vehicles, and garbage on site and the surrounding proximity of the high school shall be completed no later than 4:30 p.m. the day of the event April 1, 2023. 15) All public sidewalks immediately surrounding the event site must be monitored and removed of litter throughout the event and at time of final site restoration. 16) Site configuration and operations must remain in substantial conformance with the approved site plan. Modifications to the approved site plan must be approved by the City Planner. 17) Any lighting shall be directed away from nearby residential uses. 18) Any necessary Health Department approvals required for the sale of food shall be obtained no later than March 31, 2023. Appropriate documentation reflecting approval must be submitted to the City Planner by the same day. 19) The Applicant shall obtain all permits required by the City of Downey Building and Safety Division, Police Department and Fire Department for equipment, tents, electrical connections, or other activities associated with the event no later than March 31, 2023. Appropriate documentation reflecting approval must be submitted to the City Planner by the same day. 20) All rules and regulations set forth by the California Department of Public Health and the Los Angeles County Department of Public Health shall be enforced and complied with. The applicant shall be subject to any and all applicable orders issued by these agencies to protect the public health such as the most recent orders (if any) for social distancing and operational restrictions related to the COVID-19 coronavirus pandemic. 21) If authorization from the property owner (School District) allowing the Applicant to conduct the Special Event, is not received by 6:00 pm, March 15, 2023, this request will be continued until authorization is received. BUILDING AND SAFETY PC AGENDA PAGE 12 22) The Applicant shall obtain all necessary permits from the Building and Safety Division prior to operation of the carnival event. 23) Should the event contain temporary structures that cover an area greater than 120 square feet and used for the gathering of 10 or more persons require permits. The construction documents shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. The temporary structure shall be located in accordance with the requirements of California Building Code Table 602 based on the fire -resistance rating of the exterior walls proposed type of construction (10 feet minimum from property line based on Type VB). 24) Temporary structures or facility shall meet the requirements of Chapter 11 B of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building or facility. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. POLICE 25) The applicant shall obtain Downey Police Department approval of a security plan for the special event and provide a map of the security locations. 26) The Applicant shall submit a security plan that includes provisions to address traffic control on Firestone Boulevard, Marbel Avenue, Brookshire Avenue at the school's north parking lot, and Lakewood Boulevard at 3rd Street. Said traffic control measures shall be subject to the approval of the Director of Public Works. 27) Private security officers shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the color of Downey Police officers; they shall not be blue or black. FIRE 28) The Applicant shall obtain a special event permit from City of Downey Fire Department. Permit shall be obtained through the Fire Prevention Bureau no later than 2 weeks prior to the event. 29) Generators and other internal combustion power sources shall be separated from tents or structures by not less than 20 feet and generators shall be isolated (e.g. protected by physical barriers such as fencing, enclosure, or other approved means) from contact with the public [CA Fire Code §3104.19]. 30) Approved cable bridges shall be provided for electrical cables where subject to physical damage [CA Fire Code §605.5]. 31) If tents or canopies in excess of 400 sgft are to be present, the applicant shall obtain a tent permit from the Fire Department by no later than 2 weeks prior to the event. [CA Fire Code §3103.21. PC AGENDA PAGE 13 32) Tent structures shall adhere to all other applicable requirements for an assembly occupancy as it pertains to egress, egress sizing, exit signs, emergency illumination, etc. 33) If the attendance of the event is expected to be greater than 500 people at any one time, an Event Action Plan must be submitted to Downey Fire Department, Emergency Manager at least one week prior to the event. 34) With any permit application, submit a detailed plot plan/map as to clearly indicate type of generator location, tents, fire lane width, cooking booths, type of cooking (e.g. BBQ, frying, etc.). 35) If the event shall require a crowd manager(s), then an IAP (Incident Action Plan) or Event Action Plan (EAP) shall be required for emergency planning purposes. 36) Fire apparatus access (e.g. fire lane) of 20-feet shall be maintained accessible at all times. A 26-foot fire access lane shall be provided to any elevated ride(s) (e.g. Ferris Wheel) as to accommodate an aerial ladder truck [CA Fire Code §503.2.1; D105.2]. 37) 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)]. 38) 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]. 39) Generators shall not be located within 10 feet of lot (property line) and 20 feet of tents/membrane structures [CA Fire Code § 3104.191. An approved barrier (e.g. fencing) shall be provided around generator. 40) State Fire Marshal (SFM) "tagged" 4A-20BC rated extinguisher shall be provide at the generator as per NFPA 10 and CA Fire Code §906. 41) 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. 42) 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]. PUBLIC WORKS 43) The owner/applicant shall obtain all necessary plan approvals and permits. 44) The facility must provide trash receptacles (refuse/recycles) for the proper disposal of food items and trash generated from the event. 45) 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). Watering down parking lot for maintenance purposes shall be prohibited at all times. PC AGENDA PAGE 14 46) Parking lot and street maintenance by water hosing method shall be prohibited at all times (refer to Best Management Practice form with Public Works). 47) The owner/applicant must comply with all applicable Federal, State and local rules and regulations, American Disabilities Act (ADA), including compliance with South Coast Air Quality Management District (SCAQMD) regulations. END OF CONDITIONS PC AGENDA PAGE 15 LEGEND Soiree B Downey Stage Shop Small Vendors Table/UmbrelEa Photo Areaoon Sign Gar Show Porta-Potties/Sinks Entrance/Exit PC AGENDA PAGE 16