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HomeMy WebLinkAboutItem 1a: Special Use Permit to allow the "626 Night Market" at Santa Anita Park.«a Au6us[ 5' 1903 STAFF REPORT Development Services Department DATE: April 2, 2013 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Jim Kasama, Community Development Administrator By: Lisa L. Flores, Senior Planner SUBJECT: CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW THE "626 NIGHT MARKET," AN ASIAN - THEMED FOOD AND RETAIL NIGHT MARKET WITHIN THE PADDOCK GARDENS AT SANTA ANITA PARK ON FOUR SEPARATE WEEKENDS DURING SUMMER 2013 Recommended Action: Conditionally Approve SUMMARY Special Use Permit Application No. SUP 13 -03 was filed by Mr. Jonny Hwang, the organizer of the Asian - themed street food and retail night markets known as the "626 Night Market ". The night market is proposed to be back for its second year at Santa Anita Park, for four separate weekends this summer (June 8 & 9, July 6 & 7, August 3 & 4, and August 31 & September 1, 2013). The event will move from Santa Anita's Infield to the Paddock Gardens area on the south side of the Grandstand (see the attached aerial map and Paddock Gardens layout). It is recommended that the City Council approve this application, subject to the conditions of approval listed in this staff report. BACKGROUND Night -time street markets are a common occurrence in many communities in Asian countries. In smaller towns and villages, they tend to be a "Farmers' Market" type of gathering where local growers and artisans bring their produce and wares for sale. In large cities, they tend to be semi - permanent street fairs with delicacies and entertainment. Mr. Hwang's "626 Night Market" is more the latter. The "626 Night Market" provides Asian businesses an opportunity to showcase themselves. Participants have provided a variety of traditional Asian delicacies, as well as contemporary, Asian - fusion cuisine, retail shopping, and entertainment activities for all ages. The events have been a good promotional opportunity for all types of businesses. SUP 13 -03 — 626 Night Market April 2, 2013 Page 2 of 7 Last year, the City Council approved the "626 Night Market" on the infield of Santa Anita Park on two separate weekends (October 20 -21 and December 15 -16, 2012). Since it was the first time the night market was held in Arcadia, staff was directed to conduct noise readings, as well as determine whether the event caused other problems that could be mitigated or eliminated. Prior events were in Pasadena, and attracted nearly 40,000 people on a single night. The first "626 Night Market" event in Arcadia was held in October in the infield of Santa Anita Park. A second event was scheduled in December, but was cancelled because of weather concerns. These events were approved to be open from 3:00 p.m. to 1:00 a.m. on Saturday, and from 3:00 p.m. to 11:00 p.m. on Sunday. Despite some rain during the October event, over 25,000 people attended on Saturday and approximately 15,000 on Sunday. This was in line with the projections made by the organizers. Several staff members attended both days of the event and, by all accounts, the event was family - oriented and very well run. The food lines were long for certain items, but the crowd control was effective and the event was well- received. Traffic was very heavy on Saturday night, with the peak around 7:00 p.m. to 8:00 p.m. Other than this period of heavy congestion, no other problems were reported or identified. One of the conditions of approval was that noise readings be conducted prior to the event, and during the event to ensure that the sound levels were below the Arcadia Municipal Code limits. The noise readings were conducted by the Arcadia Police Department. Four, 25- minute noise measurements were taken commencing on Friday, October 19 before the event, and concluding with a reading during the event on Sunday, October 21, 2012. The noise readings were taken on two different streets (Harvard and Stanford Drives) and at three residences. At times, noise could be heard coming from Santa Anita Park at one of the residences and on Harvard Drive. However, in the backyards of the Harvard Drive residences, no noise from the event could be heard. At all the locations, however, the road noise from vehicles on Baldwin Avenue was consistently louder than the noise from Santa Anita Park. DISCUSSION Arcadia Municipal Code Section 9273.1.20.1 requires City Council review and approval for a special event that will be attended by more than 5,000 people. The applicant is proposing to host the "626 Night Market" (Night Market) event at the Paddock Gardens of Santa Anita Park on four separate weekends this summer (June 8 & 9, July 6 & 7, August 3 & 4, and August 31 & September 1) from 4:00 p.m. to 1:00 a.m. on Saturdays, and 4:00 p.m. to 11:00 p.m. on Sundays. The organizer expects these summer Night Markets to draw more people than last year's event, and the applicant has agreed that preparations will be for an attendance of up to 30,000 people each night. The Night Market events will take place entirely in and around the Paddock Gardens area. The proposal has been reviewed by the Fire Department, Police Department, Planning and Building Services, Business Licensing, Engineering Services, and the Public Works Services Department. Conditions from all city departments have been incorporated. The Paddock Gardens location will provide easy access to the event with parking SUP 13 -03 — 626 Night Market April 2, 2013 Page 3 of 7 entrances off of Huntington Drive through Gates 3, 5, and 8. These summer events are to feature 80 street food vendors, 70 local merchandise vendors, performance artists, alcoholic beverage service, live DJs, dancing, and a children's play area with supervised activities (see the attached Paddock Gardens layout). The music by the DJ and all other amplified sound will end at midnight on Saturdays and at 10:00 p.m. on Sundays. Santa Anita Park would like to be part of these events by having their Sirona's Sports Bar and the bar in the pavilion at the southeast section of the Paddock Gardens be open until one hour before closing time. Sirona's Sports Bar is a full service bar, and will offer an escape from the weather since is an air - conditioned and indoor facility. There will be a first -aid station with two Emergency Medical Technicians (EMTs) and an ambulance from Huntington Ambulance or the Arcadia Fire Department. Santa Anita Park will provide 12 security guards and a public address system for emergencies. Arcadia Police Officers will assist with traffic and parking, walk the interior grounds of Santa Anita Park, and be available if needed for any incidents. There will be a total of 12,742 parking spaces for the public for these events: 4,680 parking spaces through Gate 5, and 8,062 parking spaces through Gates 3 and 8 (see the attached aerial of the parking areas). If more parking is needed, an additional 6,210 parking spaces in the north parking area can be made available. At last year's event, many attendees opted to park on public streets to avoid having to pay for parking. To avoid this from occurring at this summer's events, the applicant will be charging for admission rather than parking. According to a representative from Santa Anita Park, there will be no other events or activities on the weekends of the Night Markets, except for simulcast horse racing. The Night Market events will be well advertised, including social media ads and blasts (e.g., Facebook and Twitter), local newspaper ads, television and radio commercials, on Santa Anita Park's electronic signs at Gates 5 and 8, and in church and community bulletins. The event also has a website, www.626nightmarket.com, and the applicant has proposed to have a mobile billboard truck parked at one of the Santa Anita Park entries on the days of the events. The following conditions of approval are recommended: 1. The hours for the special events shall be limited from 4:00 p.m. to 1:00 a.m. on Saturdays and from 4:00 p.m. to 11:00 p.m. on Sundays. 2. Alcoholic beverage service at these events shall stop at midnight on Saturdays and at 10:00 p.m. on Sundays. 3. A permit and inspection is required by the Arcadia Fire Marshal or designee prior to each event, and the applicant shall provide the following at least one week prior to each event: SUP 13 -03 — 626 Night Market April 2, 2013 Page 4 of 7 A. The locations and specifications of any tents and any other assemblies, including fire extinguishers, generators, and vehicles that are to be provided for each event. And, the tents and all other assemblies are to be available for inspection prior to each event. B. A layout plan showing that facilities used for cooking shall be situated a minimum distance of 20 feet from any tents or canopies, other cooking facilities, and /or Liquefied Petroleum Gas (LPG) storage locations. The layout plan shall include the quantities of, and locations of where Liquefied Petroleum Gas (LPG) is to be used and /or stored. C. A layout plan that shows a minimum of four exits from the area. Exit way - finding signage and adequate lighting for all exit paths shall be provided for the public as specified by the Arcadia Fire Department. The signage shall be provided in at least the two languages of English and Chinese. D. Emergency lighting shall be provided for all egress paths. 4. Arcadia Fire Department reserves the right to provide a staffed Rescue Ambulance for the event at the applicant's expense. 5. At the applicant's expense, at least six Police Officers and one Sergeant of the Arcadia Police Department are to be assigned to the events to provide whatever services are deemed necessary by the Arcadia Police Chief or designee. The assigned Arcadia Police Officers and Sergeant shall be in charge of traffic monitoring and control during the events. Based on visual observations and reports by its officers or from other agencies, the Arcadia Police Department shall be able to require that additional personnel be in attendance at the events at the applicant's expense. 6. The applicant shall provide illumination for the parking lots for each event, and the lighting proposed is subject to approval by the City's Building Official and Police Chief or designees prior to the June 8, 2013, event. 7. No signs are permitted on the City medians or parkways, or any other City property. Any signs or banners to be posted on the subject property, and the mobile billboard that will be visible from a public right -of -way, shall be subject to review and approval by the Development Services Director or designee. 8. The vendors and any related independent contractors shall obtain City business licenses as applicable from the City's Business License Office prior to the events, and sales shall be reported to the State Board of Equalization as having occurred in the City of Arcadia. 9. No perimeter fencing shall be provided around the vendor area(s) except around the generators, the fencing shall not interfere with any egress routes required by the Arcadia Fire Marshal. SUP 13 -03 — 626 Night Market April 2, 2013 Page 5 of 7 10. All electrical installations, including generators, lighting, and audio equipment shall be completed with proper permits, and are subject to approval by the Arcadia Building Official or designee. 11. The portable toilets and water sinks shall not be placed near any catch basins or any other drain inlets. The locations of the portable toilets and water sinks shall be subject to review and approval by the Public Works Services Director or designee. 12. The arrangement and layout for the music, DJ entertainment, and any other amplification equipment shall be subject to the review and approval of the Development Services Director or designee, and the music, DJ entertainment, and any other amplified entertainment shall end by midnight on Saturdays and 10:00 p.m. on Sundays. 13. This Special Use Permit approval applies to the four night market events scheduled for the summer weekends of 2013. All future night market events proposed in the Paddock Gardens area shall be subject to administrative approval of a Special Use Permit. No City Council hearing shall be required for these events in the Paddock Gardens unless significant operational modifications are proposed, or if required by the Development Services Director; in which case, the application may be referred to the City Council. 14. Noncompliance by the Applicant with any Arcadia Municipal Code or the provisions and conditions of approval for SUP 13 -03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and /or cancellation of the events. 15. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. Findings Section 9273.1.20.2 of the Arcadia Municipal Code states that a Special Use Permit application is subject to the following four criteria: 1. That the site is adequate in size and shape to accommodate the proposed Special Use or Event. The Paddock Gardens and parking at Santa Anita Park are able to accommodate the proposed Night Market events. SUP 13 -03 — 626 Night Market April 2, 2013 Page 6 of 7 2. That the proposed Special Use or Event will not adversely interfere with existing uses on the subject property, and will not impede or adversely impact pedestrian access ways and /or vehicular circulation patterns. There will not be any live racing on the weekends of the Night Markets or any other events or activities, except for simulcast horse racing. For the weekends of the Night Market events, all the parking areas will be available. 3. That the proposed Special Use or Event will not result in a significant adverse impact on any adjacent property. Santa Anita Park is avenue that is well- suited for large crowds. The Night Market events will be held in the Paddock Gardens of Santa Anita Park, which is almost 2,300 feet from the nearest residential property, which is further from the residents than the infield area. When the event was held in the infield area last year noise was not found to be an issue. Santa Anita Park parking attendants and Arcadia Police personnel will be directing Night Market attendees to use the parking lots off of Huntington Drive and Baldwin Avenue (Gates 3, 5, and 8). 4. That by requiring certain safeguards as conditions of approval, the proposed Special Use or Event will not be detrimental to the public health, safety and welfare. Santa Anita Park has existing facilities that will adequately serve the expected attendance. The vendors will operate in accordance with all applicable health and safety codes. The applicant will provide a first aid station with two Emergency Medical Technicians (EMTs) and an ambulance. Santa Anita Park will provide 12 security guards and a public address system for emergencies. The Arcadia Police Department will also provide officers that will be available to walk the interior grounds of the race track and be available to respond to any incidents. ENVIRONMENTAL ANALYSIS This project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15304(e) of the CEQA Guidelines as a temporary use of land having negligible or no permanent effects on the environment. A Preliminary Exemption Assessment is attached. PUBLIC NOTICE Public hearing notices of Special Use Permit Application No. SUP 13 -03 were mailed on March 11, 2013, to the owners of those properties that are within 1,000 feet of the subject property, and the notice was published in a local newspaper. During the notification period, staff received one general phone inquiry from a resident. FISCAL IMPACT The proposed events will not have a significant fiscal impact on the City's General Fund. The City will be reimbursed for the services it provides (e.g., Police Officers, ambulance, etc.). The vendors will be subject to business licensing, if applicable, and the retail sales will be subject to sales tax. SUP 13 -03 — 626 Night Market April 2, 2013 Page 7 of 7 RECOMMENDATION It is recommended that the City Council approve Special Use Permit No. SUP 13 -03, subject to the aforementioned conditions of approval. Approved_ Dominic La��areft� City Manager Attachments: Aerial Map Paddock Gardens Layout Aerial of Parking Areas Preliminary Exemption Assessment !� 0 Alc a r� © ❑ v 9_c__r1ON_A terg-end-y-Ek-it " ADMISSION Q VIP Terrace 1_ouin y, 3 1 4 1 9 113 r ` SECTION C .t ADMISSION ma *. Emergency Exit Alcohol/ Seating •' Pavillion J z J SEQ.TIQN E Q O d 5 Seating Area o � 111112 113 114 115 lid Delos Emergency Exit L IW- 4� • rr CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: SUP 13 -03 - 626 Night Market, an Asian themed food and retail night market 2. Project Location — Identify street 285 W. Huntington Drive - Paddock Gardens at Santa Anita Park address and cross streets or attach a (cross streets: Baldwin Avenue and Holly Avenue) map showing project site (preferably a USGS 15' or 7 1 /2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Lonny Hwang (2) Address i 1603 W. Valley Blvd., P.O. Box 3772, Alhambra, CA 91803 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing; the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study, e. ❑X The project is categorically exempt. Applicable Exemption CIass: Section 15304(e) - Minor Alterations to Land f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: i Date: March 7, 2013 Staff: Lisa Flores, Senior Planner Preliminary Exemption Assessment12011 FORM "A"