Loading...
HomeMy WebLinkAbout1. PLN-23-00068 10830 Downey AvePC AGENDA PAGE 1 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 2 basketball court. Normal vehicular access to the parking lot is provided via drive aisles along Downey Avenue to the southwest of the church building and along La Villa Street to the northeast of the building. On May 16, 2023, the Applicant submitted a Special Event Permit application (PLN-23-00068) to request the operation of the annual Downey Greek Festival in the parking lot of the church. A notice was mailed to all property owners within 100 feet of the subject site on May 19, 2023 notifying owners the City’s receipt of the pending special event permit application. 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 which will be closed to vehicles and fully utilized by festival activities. Entry to the festival will be accessible to foot traffic via the driveway along Downey Avenue to the south of the church building and from the driveway along La Villa Street to the east of the church building. Saint George Greek Orthodox Church anticipates 4,000 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 with authorization from Police and 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. Additionally, the event will offer tours of the church, which include presentations on Greek culture and history. . As with previous years, the First Baptist Church, located at 8348 Third Street, and Downey United Methodist Church, located at 10801 Downey Ave are 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 First Baptist Church is allowing ten spaces to be dedicated for handicap accessibility on the adjacent lot. Staff does not anticipate any traffic impacts to the Farmer’s Market, which is held in the parking lot adjacent to Porto’s Bakery, also occurring on Saturday June 3, 2023. Downey Avenue, as well as public parking lots in the Downtown area will remain open and available for parking. The two-day event will take place on Saturday June 3, 2023 and Sunday June 4, 2023 from 11:30 a.m. to 10:00 p.m. Live music and entertainment will be performed in a specified 400 square foot covered area consisting of a three-foot raised, 16’ by 16’ stage and dance floor. This area is located approximately 100 feet from the nearest residential structure along La Villa Street and will be located on the existing 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. Furthermore, a condition of approval will prohibit the location of any generators within 25-feet from any residentially zoned property. In a review of the previous year’s festival, staff did not receive any complaints or issues of concern. The Church intends to utilize 100-150 volunteers to manage the event. PC AGENDA PAGE 2 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 3 Set up for the event will begin on Wednesday, May 31, 2023, and take down and clean-up will be completed by Tuesday, June 6, 2023, by 6:00 p.m. The applicant acknowledges they will be moving forward “at risk” with set up and preparation of the festival prior to receiving approval from the Planning Commission. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee was not able to meet given the application was submitted late, however all departments were able to provide comments for the proposed festival, and as the application and plot plan did not change from the previous events, the Public Works, Building, Fire and Police Departments requested that the same standard conditions be applied to this year’s event. 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 CEQA. Class 4 exemptions consist of minor alterations in the condition of land, including approval of temporary land uses (i.e. festivals) that will have no permanent effect on the environment. FINDINGS Pursuant to the requirements of the Municipal Code Section 9814.08 (Administrative 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. The overall request is a temporary event that has been part of the Downey community for the past 37 years. 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 General Plan Goal 8.4 - Enhance Downey’s cultural resources and Program 8.4.3.2 - Support and encourage community events, such as the Downey Street Faire, Holiday Lane Parade, and ARC walk. B.The proposed activity or use is consistent with other provisions of this Article. The site of this special event 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 and within the supplemental parking lot located at 8325 3rd Street, owned by First Baptist Church. The event will not hinder the movement of traffic or create impacts on adjoining properties. The Applicant will meet the City’s parking requirements by securing permission to utilize approximately 55 parking spaces PC AGENDA PAGE 3 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 4 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 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 offer the same amenities as the years prior which has not resulted in any concerns for public health, safety, or general 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 in this report, staff recommends that the Planning Commission adopt the resolution approving the Special Event Permit (PLN-23-00068), subject to the conditions of approval as stated in the Planning Commission Resolution. EXHIBITS A.Maps B.Site Plan C.Resolution PC AGENDA PAGE 4 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 5 Exhibit ‘A’ – Maps VICINITY MAP AERIAL PHOTOGRAPH Subject Site PC AGENDA PAGE 5 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 6 ZONING MAP PC AGENDA PAGE 6 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 7 EXHIBIT – B PC AGENDA PAGE 7 PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 8 EXHIBIT – B Continued (Parking) PC AGENDA PAGE 8 RESOLUTION NO. 23- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SPECIAL EVENT (PLN-23-00068), THEREBY ALLOWING THE OPERATION OF THE DOWNEY GREEK FESTIVAL ON JUNE 3 AND 4, 2023 WITHIN 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 May 16, 2023, requesting approval of a Special Event Permit (PLN-23-00068) to allow the operation of the annual Greek festival on the property located at 10830 Downey Avenue and the supplemental parking lot located at 8325 3rd street, owned by legacy church zoned DDSP (Downtown Downey Specific Plan); and, B.On May 19, 2022, notice of the special event application was sent to all Downey property owners within 100 feet of the subject site, and C.The Planning Commission held a special meeting on May 31, 2023, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid special meeting 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. 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. SECTION 3. Having considered all of the oral and written evidence presented to it at said special meeting, the Planning Commission further finds, determines and declares that: A.That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The overall request is a temporary event that has been part of the Downey community for the past 37 years. 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 General Plan Goal 8.4 - Enhance Downey’s cultural resources and Program 8.4.3.2 - Support and encourage community events, such as the Downey Street Faire, Holiday Lane Parade, and ARC walk. B.That the proposed activity or use will be consistent with other provisions of this article in that the site of this special event 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 PC AGENDA PAGE 9 Resolution No. 23- Downey Planning Commission PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 2 Plan. The proposed special event will occur within the easterly portion of the Saint George Greek Orthodox Church and within the supplemental parking lot located at 8325 3rd Street, owned by First Baptist Church. The event will not hinder the movement of traffic or create impacts on 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 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.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, staff is recommending several conditions of approval that will 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-23-00068, 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 31st day of May, 2023. Horacio Ortiz, 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 special meeting thereof held on the 31st day of May, 2023, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Gerardo Marquez, Senior Planner City Planning Commission PC AGENDA PAGE 10 Resolution No. 23- Downey Planning Commission PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 3 CONDITIONS OF APPROVAL PLN-23-00068 (SPECIAL EVENT PERMIT) PLANNING 1) This approval of PLN-23-00068 (Special Event Permit) allows Saint George Greek Orthodox Church, to host a two-day Downey Greek festival on Saturday, June 3, 2023 and Sunday, June 4, 2023, between the hours of 11:30 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 vendors; c) One 10’ x 80’ for 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-foot high, 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 Thursday, June 1nd, 2023. 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 Wednesday May 31, 2023. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles, stage, electrical equipment, and garbage, shall be removed by Tuesday, June 6, 2023, 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. PC AGENDA PAGE 11 Resolution No. 23- Downey Planning Commission PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – 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 Thursday, June 1, 2023. 10) The Applicant shall obtain all required Building Department, Police Department and Fire Department permits on or before Thursday, June 1, 2023. 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 during the event and after the closing of the event on June 3 and June 4 12) The Applicant shall receive all proper approvals and coordinate with Public Works for the requested signage/flag/banners to be placed in the public right of way prior to placement. PUBLIC WORKS/ENGINEERING 13) The owner/applicant shall obtain all necessary plan approvals and permits. 14) The facility shall provide sufficient trash and recycling receptacles for the disposal of food and debris at the event. 15) The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State Water Resources Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC). 16) Parking lot maintenance by water hosing method shall always be prohibited (refer to Attachment A: Best Management Practice) 17) Any banner or signage posted in the Downtown area shall obtain the necessary approvals from City Council and/or Public Works/Planning Department. BUILDING 18) All construction shall comply with the most recent adopted City and State building codes: 2022 California Building Code 2022 California Residential Code 2022 California electrical Code 2022 California Mechanical Code 2022 California Plumbing Code 2022 California Fire Code 2022 California Green Code 19) The Title Sheet of the plans shall include: Occupancy Group Occupant Load PC AGENDA PAGE 12 Resolution No. 23- Downey Planning Commission PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 5 Description of use Type of Construction Height of Building Floor area of building(s) and/or occupancy group(s) 20)All projects including food service or Public pools and/or spas shall be checked and approved by the County Health Department as part of the building department plan review process. 21)Temporary structures that cover an area greater than 120 square feet or 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). 22)Temporary structures or facility shall meet the requirements of Chapter 11B 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. FIRE 23)The following conditions (24- 34) pertain to a fire review of a submitted design review plan(s). The comments contained herein shall not be construed as complete or encompassing all fire-life safety code requirements as set forth in local, State, and/or National codes. 24)Given the lack of timely submission all permit applications must be submitted immediately upon receipt of the attached conditions. Failure to complete permit application and/or emergency action plan may jeopardize Downey fire department approval of the proposed event. 25)The applicant shall obtain a tent permit from the Fire Department. 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]. 26)All tents, extinguishers and electrical work must in place by noon on the Friday before the event to enable an inspection by the Fire Department and the Building and Safety Division. 27)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 PC AGENDA PAGE 13 Resolution No. 23- Downey Planning Commission PLN-23-00068 - 10830 Downey Avenue May 31, 2023 – Page 6 cooking areas, tent size and layout, evacuation routes, seating/table plan, etc. 28) 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)]. 29) No cooking shall be conducted inside tents or canopies. 30) Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices, combustion engines, and buildings. 31) A Special Event permit application from the Fire Department shall be completed immediately upon receipt of the enclosed conditions. 32) An Emergency Action Plan (EAP) shall be completed and submitted to Downey Fire Department Emergency Manager. 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. 34) Several items on this list have been addressed in the provided site plan. Field verification of stated items may be conducted by DFD personnel after stated setup time. POLICE 35) The sale of alcoholic beverages shall comply with the requirements of the State Department of Alcoholic Beverage Control. The Applicant shall provide a copy of this approval to the Downey Police Department on or before Thursday, June 1, 2023. 36) The alcohol area shall be contained within a fenced area where patrons may consume alcohol. 37) At least two security guards shall be assigned to the beer garden while operating. 38) 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 Thursday, June 1, 2023. 39) The Applicant shall provide a minimum of eight (8) licensed security guards on-site for the duration of the event. 40) 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. END OF CONDITIONS PC AGENDA PAGE 14 PC AGENDA PAGE 15 PC AGENDA PAGE 16 PC AGENDA PAGE 17