Loading...
HomeMy WebLinkAboutItem 3b - Special Use Permit for Downtown Lunar New Year Event DATE: December 15, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: SPECIAL USE PERMIT NO. SUP 15-26 TO ALLOW AN ASIAN AMERICAN LUNAR NEW YEAR FESTIVAL IN DOWNTOWN ARCADIA ON JANUARY 24, 2016 Recommendation: Conditional Approval SUMMARY A joint application for a Special Use Permit has been filed by the Downtown Arcadia Improvement Association and EDI Media, Inc., to hold a Lunar New Year Festival in Downtown Arcadia. The Festival is proposed as a one-day event utilizing the City’s Downtown parking lot, and will feature vendor booths from local businesses, food booths and trucks, an arts and craft gallery, and other business vendors. The event will also feature entertainment and stage performances throughout. The event is planned to be held on Sunday, January 24, 2016, from 10:00 a.m. to 6:00 p.m. It is recommended that the City Council approve Special Use Permit No. SUP 15-26, subject to the Conditions of Approval listed in this staff report. BACKGROUND Since the Downtown Arcadia Improvement Association (AIA) was established in 2012, a primary goal of the group has been to facilitate a more active and pedestrian-friendly Downtown. Special events are viewed as one way to try and achieve this vitality. The AIA has assisted in the staging of a Holiday Market in the Downtown over the past two rdth holiday seasons, a Patriotic Concert on July 3 as a “kick off” to the July 4 holiday weekend, and two different sessions of a Downtown Street Fair or Market. The first Street Fair ran for 10 weeks during the summer months this year on Friday nights, and the second Street Market is currently operating on Saturday nights on First Avenue. The current Downtown Street Market is scheduled to run through the end of January, 2016. The City Council held a study session to discuss both the original Street Fair and the Lunar New Year Festival on May 19, 2015. At the May 19 Study Session, the Council approved of the concept of the Lunar New Year Festival and directed the Staff to work with the event promoter and the AIA to discuss details and logistics of a future Special Use Permit for the event. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 2 of 7 DISCUSSION As proposed, EDI Media Inc. (EDI) would produce and plan an Asian American Lunar New Year Festival (Lunar Festival) from 10:00 a.m. to 6:00 p.m. on Sunday, January 24, 2016. In the event of inclement weather, the date would potentially change to February 7. The location of the event is proposed to be the City’s Downtown parking lot, bounded generally by Santa Anita to the west, First Avenue to the east, Wheeler Avenue to the north, and the alley running behind Huntington Drive businesses to the south. Please see Attachment 1 for a map of the event site and additional information. The Festival would include an opening ceremony and ribbon cutting, performances from multi-ethnic groups, local school dance teams, etc., and prize drawings. Vendor booths would include local businesses, food booths and trucks, an arts and crafts gallery, traditional Lunar New Year merchandise, and other family attractions. It is anticipated that the event will draw up to 3,000 attendees over the course of the day. This number of participants would not be expected on the site at any one time. EDI will be responsible for all equipment and personnel to run the event, including all security and logistics staffing, street closure equipment and signage, generators and power equipment, and restroom trailers that are handicap accessible per applicable Health Code requirements. EDI will also be responsible for all vendors, including ensuring that all vendors have the appropriate Health Department certifications, business licenses, and appropriate event insurance. It is important to note that EDI provides built-in marketing and event promotion as part of their organization and business model. As such, they can control somewhat the attendance of such an event based on the level of marketing they pursue. EDI has sponsored events of this size, as well as events with a much larger attendance. It will be critical for this event, given that it is the first of its kind on City property in the Downtown, that attendance be controlled to the extent possible to the number of participants envisioned in the application materials. The estimate of 3,000 total attendees has also been set because the event is planned between two established Lunar festivals (at Pomona Fairplex on January 16-17 and in Monterey Park on January 30-31), which will attract a large number of attendees and likely temper demand somewhat. As the event is planned in the primary Downtown parking lot, parking and access for the event is clearly the most critical issue. Parking for the event is planned on City streets and through agreements with both the Arcadia County Park (150 spaces) and Santa Anita Park (100 spaces). The materials submitted show a total of 110 on-street parking spaces on Santa Clara Street, Morlan Place, and on Wheeler Avenue east of the event site. In addition, there are approximately 210 additional parking spaces identified in private lots in the area that may be available through lease agreements with the owners. A 27-seat shuttle is planned to access the spaces at Santa Anita Park, given the distance to the event. A shuttle route and drop-off plan is included with the application materials. All other participants will be walking to the event from parking locations. EDI has agreements with both the County and Santa Anita, which have been attached to the SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 3 of 7 materials in Attachment 1. Both the County and Santa Anita require their own insurance as part of these agreements. Taken together, the on-street parking and off-street parking spaces identified as available for the event total 360 spaces. This does not account for the 210 spaces identified in private lots as those are not yet secured. This also does not include other on-street parking within a short walk of the event. Parking in the residential areas south of Huntington Drive is not encouraged through this Staff Report, but on-street parking will be available on streets such as Huntington Drive, St. Joseph Street, and La Porte Street. The event is being planned on a Sunday to avoid many of the conflicts inherent in utilizing parking for the businesses around the City parking lot, the Post Office, and other typical Monday-Friday users. As mentioned above, the attached materials from EDI provide images and information of other private parking lots that may be utilized for this event. It is true that these lots are likely to be available on a Sunday; however, this Special Use Permit in no way authorizes the use of private parking lots. EDI and the AIA are encouraged to pursue agreements with owners of private lots for the use of these spaces. All owners of private parking lots in the areas must be specifically notified of the event at least two weeks prior to the event. The proposal is to close both Wheeler Avenue from Santa Anita Avenue to First Avenue and the alley to the rear of Huntington businesses, with the exception of the shuttle drop-off and pick-up on Wheeler. The private lot behind Denny’s will remain accessible at all times for customers of that establishment unless a private agreement is reached between the owner and EDI. Directional signage for parking and for the event will be provided by EDI Media and the AIA to guide both drivers and pedestrians. Signage will be coordinated along with the City’s Engineering Division, and final placement of such signage will be at Engineering’s discretion. EDI will hire six security personnel and another six employees for parking control and directions. Attendants/personnel will be stationed at Arcadia County Park, Santa Anita Park, and on Wheeler, the alley, and street corners around the event, as well as within the booth and stage area. The event description and preliminary site plans for both events have been routed to all relevant City Departments for comments and conditions. The Police Department, Fire Department, and Public Works Services Department have provided comments. The Police Department is requiring that two officers be assigned to the event to maintain crowd control, oversee traffic control, assist with security, and ensure that the event is safe and orderly. The Police will also work with the operator on closure plans for Wheeler and the alley as needed. The Fire Department and Public Works Services Department have provided conditions for event operations and safety that have been incorporated into the Conditions of Approval below. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 4 of 7 The following Conditions of Approval are recommended: 1. A final site plan depicting vendors and equipment, restrooms, and all other amenities shall be provided for review to the City no later than January 15, 2016. This site plan is subject to review and modification by all City Departments. 2. Any signs or banners to be posted on City streets, parking lots, or private property, other than the signs on the trucks and tents, shall be subject to review and approval by the Development Services Director or designee. If a sign has been installed without approval or is otherwise prohibited, the sign may be immediately removed by City personnel. 3. Two (2) officers from the Arcadia Police Department will be required to staff the event. 4. All required insurance certificates and executed copies of parking contracts with Arcadia County Park and Santa Anita Park are required to be submitted no later than January 15, 2016. 5. The operator and related independent contractors and vendors shall obtain City business licenses from the City’s Business License Officer or designee prior to the event. A “blanket” business license will be issued to the operator based on a full list of vendors. 6. The following requirements of the Arcadia Fire Department shall be met to the satisfaction of the City’s Fire Marshal or designee: a. Tents over 400 square feet and canopies over 700 square feet shall require a permit and inspection. b. The location of tables or displays shall not obstruct or block means of egress from adjacent buildings. c. Canopies used for cooking shall be made from flame retardant materials. d. Any and all LPG tanks shall be chained and secured. e. A Class K or 40BC fire extinguisher shall be provided for canopies with cooking operations. f. Generators and other internal combustion power sources shall be isolated from contact with the public by fencing, enclosure, or other approved means. A minimum 2A:10BC fire extinguisher shall be provided within 30 feet of generators. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 5 of 7 7. All electrical installations, including generators, lighting, and audio equipment shall obtain proper permits and are subject to approval by the City’s Building Official or designee. 8. Accessible paths-of-travel are required from all accessible parking spaces to the event. A site plan that shows the location and number of accessible spaces and accessible pathways clearly shown must be submitted to Building Services, and approved by the Building Official prior to the first event. 9. The portable toilets shall be ADA accessible, and shall not be placed near any catch basins or any other such drain inlets. 10. Adequate trash and recycling receptacles shall be provided around the event site and no liquids or wash down water may be allowed to drain into any inlets. 11. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or the provisions and conditions of approval for SUP 15-26 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. Minor changes to the event may be handled administratively. Any problems identified by the Development Services Director may be brought forward to the City Council for consideration of possible permit revocation or additions/modifications of conditions of approval. Prior to the submittal of such possible permit revocation or additions/modifications of conditions of approval to the City Council, the Development Services Director may modify or add conditions of approval, subject to appeal to the City Council. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 13. Approval of SUP 15-13 shall not take effect unless the applicant/property owner has executed and filed with the City before July 3, 2015, an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 6 of 7 Findings Section 9298.4 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 Event. The parking lot at this location provides ample space for the various booths, attractions, vehicles, and activities planned for this event based on the attendee estimate provided. The final site plan and layout will be reviewed by all relevant City Departments to ensure the space is being used in a safe and efficient manner. 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. This event does utilize the City parking lot and necessitates the partial closure of both Wheeler Avenue and the alley between Santa Anita Avenue and First Avenue, which will impact vehicular circulation patterns. However, the event will be held on a Sunday, when the commercial activity and similar use is at a minimum, and there will be access to the neighboring businesses. In addition, the event requires twelve (12) parking and access control employees from EDI, and two (2) Arcadia Police Officers to assist with circulation. Pedestrian access to and through the site will be maintained, and accessible routes from ADA parking spaces are a requirement of the project. 3. That the proposed Special Use or Event will not result in a significant adverse impact on any adjacent property. Access to and from the businesses adjacent to the venue are a critical factor in planning this event. The event is planned on a Sunday, when conflicts with adjacent businesses are at a minimum. Although public parking is being removed for this event, no private parking is required to be utilized for the event in the area. The parking lot to the west of the City lot, behind Denny’s restaurant, will remain open and accessible. 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. The City’s Police, Fire, Development Services, and Public Works Departments have all reviewed the plans. Conditions of approval have been added to the recommended action to ensure that the Lunar Festival is a safe and well planned event. Specifically, police officers will be on the scene to ensure a safe and orderly event and the event is subject to Fire Department inspection and approval. ENVIRONMENTAL ASSESSMENT 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. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 7 of 7 FISCAL IMPACT The proposed Special Use will have no direct fiscal impact on the City’s General Fund. The City is not requesting a user fee for use of the Downtown Parking Lot. Costs of inspections, police services, business licenses, and any other ancillary permits will be paid by the applicant and will serve to defray the costs of provision of those services. As with all such events, it is required that sales tax from the event be reported from this location as Arcadia sales tax. In addition, it is anticipated that attracting visitors to the Downtown will ultimately prove a benefit for Downtown businesses in terms of new customers and awareness of the Downtown. RECOMMENDATION It is recommended that the City Council approve Special Use Permit No. SUP 15-26, to allow the Asian American Lunar New Year Festival in Downtown Arcadia on January 24, 2016, subject to the conditions of approval listed in this staff report. Attachments: SUP 15-26 Application Materials, location maps, and parking contracts Preliminary Exemption Assessment DATE: December 15, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: SPECIAL USE PERMIT NO. SUP 15-26 TO ALLOW AN ASIAN AMERICAN LUNAR NEW YEAR FESTIVAL IN DOWNTOWN ARCADIA ON JANUARY 24, 2016 Recommendation: Conditional Approval SUMMARY A joint application for a Special Use Permit has been filed by the Downtown Arcadia Improvement Association and EDI Media, Inc., to hold a Lunar New Year Festival in Downtown Arcadia. The Festival is proposed as a one-day event utilizing the City’s Downtown parking lot, and will feature vendor booths from local businesses, food booths and trucks, an arts and craft gallery, and other business vendors. The event will also feature entertainment and stage performances throughout. The event is planned to be held on Sunday, January 24, 2016, from 10:00 a.m. to 6:00 p.m. It is recommended that the City Council approve Special Use Permit No. SUP 15-26, subject to the Conditions of Approval listed in this staff report. BACKGROUND Since the Downtown Arcadia Improvement Association (AIA) was established in 2012, a primary goal of the group has been to facilitate a more active and pedestrian-friendly Downtown. Special events are viewed as one way to try and achieve this vitality. The AIA has assisted in the staging of a Holiday Market in the Downtown over the past two rdth holiday seasons, a Patriotic Concert on July 3 as a “kick off” to the July 4 holiday weekend, and two different sessions of a Downtown Street Fair or Market. The first Street Fair ran for 10 weeks during the summer months this year on Friday nights, and the second Street Market is currently operating on Saturday nights on First Avenue. The current Downtown Street Market is scheduled to run through the end of January, 2016. The City Council held a study session to discuss both the original Street Fair and the Lunar New Year Festival on May 19, 2015. At the May 19 Study Session, the Council approved of the concept of the Lunar New Year Festival and directed the Staff to work with the event promoter and the AIA to discuss details and logistics of a future Special Use Permit for the event. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 2 of 7 DISCUSSION As proposed, EDI Media Inc. (EDI) would produce and plan an Asian American Lunar New Year Festival (Lunar Festival) from 10:00 a.m. to 6:00 p.m. on Sunday, January 24, 2016. In the event of inclement weather, the date would potentially change to February 7. The location of the event is proposed to be the City’s Downtown parking lot, bounded generally by Santa Anita to the west, First Avenue to the east, Wheeler Avenue to the north, and the alley running behind Huntington Drive businesses to the south. Please see Attachment 1 for a map of the event site and additional information. The Festival would include an opening ceremony and ribbon cutting, performances from multi-ethnic groups, local school dance teams, etc., and prize drawings. Vendor booths would include local businesses, food booths and trucks, an arts and crafts gallery, traditional Lunar New Year merchandise, and other family attractions. It is anticipated that the event will draw up to 3,000 attendees over the course of the day. This number of participants would not be expected on the site at any one time. EDI will be responsible for all equipment and personnel to run the event, including all security and logistics staffing, street closure equipment and signage, generators and power equipment, and restroom trailers that are handicap accessible per applicable Health Code requirements. EDI will also be responsible for all vendors, including ensuring that all vendors have the appropriate Health Department certifications, business licenses, and appropriate event insurance. It is important to note that EDI provides built-in marketing and event promotion as part of their organization and business model. As such, they can control somewhat the attendance of such an event based on the level of marketing they pursue. EDI has sponsored events of this size, as well as events with a much larger attendance. It will be critical for this event, given that it is the first of its kind on City property in the Downtown, that attendance be controlled to the extent possible to the number of participants envisioned in the application materials. The estimate of 3,000 total attendees has also been set because the event is planned between two established Lunar festivals (at Pomona Fairplex on January 16-17 and in Monterey Park on January 30-31), which will attract a large number of attendees and likely temper demand somewhat. As the event is planned in the primary Downtown parking lot, parking and access for the event is clearly the most critical issue. Parking for the event is planned on City streets and through agreements with both the Arcadia County Park (150 spaces) and Santa Anita Park (100 spaces). The materials submitted show a total of 110 on-street parking spaces on Santa Clara Street, Morlan Place, and on Wheeler Avenue east of the event site. In addition, there are approximately 210 additional parking spaces identified in private lots in the area that may be available through lease agreements with the owners. A 27-seat shuttle is planned to access the spaces at Santa Anita Park, given the distance to the event. A shuttle route and drop-off plan is included with the application materials. All other participants will be walking to the event from parking locations. EDI has agreements with both the County and Santa Anita, which have been attached to the SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 3 of 7 materials in Attachment 1. Both the County and Santa Anita require their own insurance as part of these agreements. Taken together, the on-street parking and off-street parking spaces identified as available for the event total 360 spaces. This does not account for the 210 spaces identified in private lots as those are not yet secured. This also does not include other on-street parking within a short walk of the event. Parking in the residential areas south of Huntington Drive is not encouraged through this Staff Report, but on-street parking will be available on streets such as Huntington Drive, St. Joseph Street, and La Porte Street. The event is being planned on a Sunday to avoid many of the conflicts inherent in utilizing parking for the businesses around the City parking lot, the Post Office, and other typical Monday-Friday users. As mentioned above, the attached materials from EDI provide images and information of other private parking lots that may be utilized for this event. It is true that these lots are likely to be available on a Sunday; however, this Special Use Permit in no way authorizes the use of private parking lots. EDI and the AIA are encouraged to pursue agreements with owners of private lots for the use of these spaces. All owners of private parking lots in the areas must be specifically notified of the event at least two weeks prior to the event. The proposal is to close both Wheeler Avenue from Santa Anita Avenue to First Avenue and the alley to the rear of Huntington businesses, with the exception of the shuttle drop-off and pick-up on Wheeler. The private lot behind Denny’s will remain accessible at all times for customers of that establishment unless a private agreement is reached between the owner and EDI. Directional signage for parking and for the event will be provided by EDI Media and the AIA to guide both drivers and pedestrians. Signage will be coordinated along with the City’s Engineering Division, and final placement of such signage will be at Engineering’s discretion. EDI will hire six security personnel and another six employees for parking control and directions. Attendants/personnel will be stationed at Arcadia County Park, Santa Anita Park, and on Wheeler, the alley, and street corners around the event, as well as within the booth and stage area. The event description and preliminary site plans for both events have been routed to all relevant City Departments for comments and conditions. The Police Department, Fire Department, and Public Works Services Department have provided comments. The Police Department is requiring that two officers be assigned to the event to maintain crowd control, oversee traffic control, assist with security, and ensure that the event is safe and orderly. The Police will also work with the operator on closure plans for Wheeler and the alley as needed. The Fire Department and Public Works Services Department have provided conditions for event operations and safety that have been incorporated into the Conditions of Approval below. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 4 of 7 The following Conditions of Approval are recommended: 1. A final site plan depicting vendors and equipment, restrooms, and all other amenities shall be provided for review to the City no later than January 15, 2016. This site plan is subject to review and modification by all City Departments. 2. Any signs or banners to be posted on City streets, parking lots, or private property, other than the signs on the trucks and tents, shall be subject to review and approval by the Development Services Director or designee. If a sign has been installed without approval or is otherwise prohibited, the sign may be immediately removed by City personnel. 3. Two (2) officers from the Arcadia Police Department will be required to staff the event. 4. All required insurance certificates and executed copies of parking contracts with Arcadia County Park and Santa Anita Park are required to be submitted no later than January 15, 2016. 5. The operator and related independent contractors and vendors shall obtain City business licenses from the City’s Business License Officer or designee prior to the event. A “blanket” business license will be issued to the operator based on a full list of vendors. 6. The following requirements of the Arcadia Fire Department shall be met to the satisfaction of the City’s Fire Marshal or designee: a. Tents over 400 square feet and canopies over 700 square feet shall require a permit and inspection. b. The location of tables or displays shall not obstruct or block means of egress from adjacent buildings. c. Canopies used for cooking shall be made from flame retardant materials. d. Any and all LPG tanks shall be chained and secured. e. A Class K or 40BC fire extinguisher shall be provided for canopies with cooking operations. f. Generators and other internal combustion power sources shall be isolated from contact with the public by fencing, enclosure, or other approved means. A minimum 2A:10BC fire extinguisher shall be provided within 30 feet of generators. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 5 of 7 7. All electrical installations, including generators, lighting, and audio equipment shall obtain proper permits and are subject to approval by the City’s Building Official or designee. 8. Accessible paths-of-travel are required from all accessible parking spaces to the event. A site plan that shows the location and number of accessible spaces and accessible pathways clearly shown must be submitted to Building Services, and approved by the Building Official prior to the first event. 9. The portable toilets shall be ADA accessible, and shall not be placed near any catch basins or any other such drain inlets. 10. Adequate trash and recycling receptacles shall be provided around the event site and no liquids or wash down water may be allowed to drain into any inlets. 11. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or the provisions and conditions of approval for SUP 15-26 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. Minor changes to the event may be handled administratively. Any problems identified by the Development Services Director may be brought forward to the City Council for consideration of possible permit revocation or additions/modifications of conditions of approval. Prior to the submittal of such possible permit revocation or additions/modifications of conditions of approval to the City Council, the Development Services Director may modify or add conditions of approval, subject to appeal to the City Council. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 13. Approval of SUP 15-13 shall not take effect unless the applicant/property owner has executed and filed with the City before July 3, 2015, an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 6 of 7 Findings Section 9298.4 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 Event. The parking lot at this location provides ample space for the various booths, attractions, vehicles, and activities planned for this event based on the attendee estimate provided. The final site plan and layout will be reviewed by all relevant City Departments to ensure the space is being used in a safe and efficient manner. 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. This event does utilize the City parking lot and necessitates the partial closure of both Wheeler Avenue and the alley between Santa Anita Avenue and First Avenue, which will impact vehicular circulation patterns. However, the event will be held on a Sunday, when the commercial activity and similar use is at a minimum, and there will be access to the neighboring businesses. In addition, the event requires twelve (12) parking and access control employees from EDI, and two (2) Arcadia Police Officers to assist with circulation. Pedestrian access to and through the site will be maintained, and accessible routes from ADA parking spaces are a requirement of the project. 3. That the proposed Special Use or Event will not result in a significant adverse impact on any adjacent property. Access to and from the businesses adjacent to the venue are a critical factor in planning this event. The event is planned on a Sunday, when conflicts with adjacent businesses are at a minimum. Although public parking is being removed for this event, no private parking is required to be utilized for the event in the area. The parking lot to the west of the City lot, behind Denny’s restaurant, will remain open and accessible. 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. The City’s Police, Fire, Development Services, and Public Works Departments have all reviewed the plans. Conditions of approval have been added to the recommended action to ensure that the Lunar Festival is a safe and well planned event. Specifically, police officers will be on the scene to ensure a safe and orderly event and the event is subject to Fire Department inspection and approval. ENVIRONMENTAL ASSESSMENT 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. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 7 of 7 FISCAL IMPACT The proposed Special Use will have no direct fiscal impact on the City’s General Fund. The City is not requesting a user fee for use of the Downtown Parking Lot. Costs of inspections, police services, business licenses, and any other ancillary permits will be paid by the applicant and will serve to defray the costs of provision of those services. As with all such events, it is required that sales tax from the event be reported from this location as Arcadia sales tax. In addition, it is anticipated that attracting visitors to the Downtown will ultimately prove a benefit for Downtown businesses in terms of new customers and awareness of the Downtown. RECOMMENDATION It is recommended that the City Council approve Special Use Permit No. SUP 15-26, to allow the Asian American Lunar New Year Festival in Downtown Arcadia on January 24, 2016, subject to the conditions of approval listed in this staff report. Attachments: SUP 15-26 Application Materials, location maps, and parking contracts Preliminary Exemption Assessment DATE: December 15, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: SPECIAL USE PERMIT NO. SUP 15-26 TO ALLOW AN ASIAN AMERICAN LUNAR NEW YEAR FESTIVAL IN DOWNTOWN ARCADIA ON JANUARY 24, 2016 Recommendation: Conditional Approval SUMMARY A joint application for a Special Use Permit has been filed by the Downtown Arcadia Improvement Association and EDI Media, Inc., to hold a Lunar New Year Festival in Downtown Arcadia. The Festival is proposed as a one-day event utilizing the City’s Downtown parking lot, and will feature vendor booths from local businesses, food booths and trucks, an arts and craft gallery, and other business vendors. The event will also feature entertainment and stage performances throughout. The event is planned to be held on Sunday, January 24, 2016, from 10:00 a.m. to 6:00 p.m. It is recommended that the City Council approve Special Use Permit No. SUP 15-26, subject to the Conditions of Approval listed in this staff report. BACKGROUND Since the Downtown Arcadia Improvement Association (AIA) was established in 2012, a primary goal of the group has been to facilitate a more active and pedestrian-friendly Downtown. Special events are viewed as one way to try and achieve this vitality. The AIA has assisted in the staging of a Holiday Market in the Downtown over the past two rdth holiday seasons, a Patriotic Concert on July 3 as a “kick off” to the July 4 holiday weekend, and two different sessions of a Downtown Street Fair or Market. The first Street Fair ran for 10 weeks during the summer months this year on Friday nights, and the second Street Market is currently operating on Saturday nights on First Avenue. The current Downtown Street Market is scheduled to run through the end of January, 2016. The City Council held a study session to discuss both the original Street Fair and the Lunar New Year Festival on May 19, 2015. At the May 19 Study Session, the Council approved of the concept of the Lunar New Year Festival and directed the Staff to work with the event promoter and the AIA to discuss details and logistics of a future Special Use Permit for the event. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 2 of 7 DISCUSSION As proposed, EDI Media Inc. (EDI) would produce and plan an Asian American Lunar New Year Festival (Lunar Festival) from 10:00 a.m. to 6:00 p.m. on Sunday, January 24, 2016. In the event of inclement weather, the date would potentially change to February 7. The location of the event is proposed to be the City’s Downtown parking lot, bounded generally by Santa Anita to the west, First Avenue to the east, Wheeler Avenue to the north, and the alley running behind Huntington Drive businesses to the south. Please see Attachment 1 for a map of the event site and additional information. The Festival would include an opening ceremony and ribbon cutting, performances from multi-ethnic groups, local school dance teams, etc., and prize drawings. Vendor booths would include local businesses, food booths and trucks, an arts and crafts gallery, traditional Lunar New Year merchandise, and other family attractions. It is anticipated that the event will draw up to 3,000 attendees over the course of the day. This number of participants would not be expected on the site at any one time. EDI will be responsible for all equipment and personnel to run the event, including all security and logistics staffing, street closure equipment and signage, generators and power equipment, and restroom trailers that are handicap accessible per applicable Health Code requirements. EDI will also be responsible for all vendors, including ensuring that all vendors have the appropriate Health Department certifications, business licenses, and appropriate event insurance. It is important to note that EDI provides built-in marketing and event promotion as part of their organization and business model. As such, they can control somewhat the attendance of such an event based on the level of marketing they pursue. EDI has sponsored events of this size, as well as events with a much larger attendance. It will be critical for this event, given that it is the first of its kind on City property in the Downtown, that attendance be controlled to the extent possible to the number of participants envisioned in the application materials. The estimate of 3,000 total attendees has also been set because the event is planned between two established Lunar festivals (at Pomona Fairplex on January 16-17 and in Monterey Park on January 30-31), which will attract a large number of attendees and likely temper demand somewhat. As the event is planned in the primary Downtown parking lot, parking and access for the event is clearly the most critical issue. Parking for the event is planned on City streets and through agreements with both the Arcadia County Park (150 spaces) and Santa Anita Park (100 spaces). The materials submitted show a total of 110 on-street parking spaces on Santa Clara Street, Morlan Place, and on Wheeler Avenue east of the event site. In addition, there are approximately 210 additional parking spaces identified in private lots in the area that may be available through lease agreements with the owners. A 27-seat shuttle is planned to access the spaces at Santa Anita Park, given the distance to the event. A shuttle route and drop-off plan is included with the application materials. All other participants will be walking to the event from parking locations. EDI has agreements with both the County and Santa Anita, which have been attached to the SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 3 of 7 materials in Attachment 1. Both the County and Santa Anita require their own insurance as part of these agreements. Taken together, the on-street parking and off-street parking spaces identified as available for the event total 360 spaces. This does not account for the 210 spaces identified in private lots as those are not yet secured. This also does not include other on-street parking within a short walk of the event. Parking in the residential areas south of Huntington Drive is not encouraged through this Staff Report, but on-street parking will be available on streets such as Huntington Drive, St. Joseph Street, and La Porte Street. The event is being planned on a Sunday to avoid many of the conflicts inherent in utilizing parking for the businesses around the City parking lot, the Post Office, and other typical Monday-Friday users. As mentioned above, the attached materials from EDI provide images and information of other private parking lots that may be utilized for this event. It is true that these lots are likely to be available on a Sunday; however, this Special Use Permit in no way authorizes the use of private parking lots. EDI and the AIA are encouraged to pursue agreements with owners of private lots for the use of these spaces. All owners of private parking lots in the areas must be specifically notified of the event at least two weeks prior to the event. The proposal is to close both Wheeler Avenue from Santa Anita Avenue to First Avenue and the alley to the rear of Huntington businesses, with the exception of the shuttle drop-off and pick-up on Wheeler. The private lot behind Denny’s will remain accessible at all times for customers of that establishment unless a private agreement is reached between the owner and EDI. Directional signage for parking and for the event will be provided by EDI Media and the AIA to guide both drivers and pedestrians. Signage will be coordinated along with the City’s Engineering Division, and final placement of such signage will be at Engineering’s discretion. EDI will hire six security personnel and another six employees for parking control and directions. Attendants/personnel will be stationed at Arcadia County Park, Santa Anita Park, and on Wheeler, the alley, and street corners around the event, as well as within the booth and stage area. The event description and preliminary site plans for both events have been routed to all relevant City Departments for comments and conditions. The Police Department, Fire Department, and Public Works Services Department have provided comments. The Police Department is requiring that two officers be assigned to the event to maintain crowd control, oversee traffic control, assist with security, and ensure that the event is safe and orderly. The Police will also work with the operator on closure plans for Wheeler and the alley as needed. The Fire Department and Public Works Services Department have provided conditions for event operations and safety that have been incorporated into the Conditions of Approval below. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 4 of 7 The following Conditions of Approval are recommended: 1. A final site plan depicting vendors and equipment, restrooms, and all other amenities shall be provided for review to the City no later than January 15, 2016. This site plan is subject to review and modification by all City Departments. 2. Any signs or banners to be posted on City streets, parking lots, or private property, other than the signs on the trucks and tents, shall be subject to review and approval by the Development Services Director or designee. If a sign has been installed without approval or is otherwise prohibited, the sign may be immediately removed by City personnel. 3. Two (2) officers from the Arcadia Police Department will be required to staff the event. 4. All required insurance certificates and executed copies of parking contracts with Arcadia County Park and Santa Anita Park are required to be submitted no later than January 15, 2016. 5. The operator and related independent contractors and vendors shall obtain City business licenses from the City’s Business License Officer or designee prior to the event. A “blanket” business license will be issued to the operator based on a full list of vendors. 6. The following requirements of the Arcadia Fire Department shall be met to the satisfaction of the City’s Fire Marshal or designee: a. Tents over 400 square feet and canopies over 700 square feet shall require a permit and inspection. b. The location of tables or displays shall not obstruct or block means of egress from adjacent buildings. c. Canopies used for cooking shall be made from flame retardant materials. d. Any and all LPG tanks shall be chained and secured. e. A Class K or 40BC fire extinguisher shall be provided for canopies with cooking operations. f. Generators and other internal combustion power sources shall be isolated from contact with the public by fencing, enclosure, or other approved means. A minimum 2A:10BC fire extinguisher shall be provided within 30 feet of generators. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 5 of 7 7. All electrical installations, including generators, lighting, and audio equipment shall obtain proper permits and are subject to approval by the City’s Building Official or designee. 8. Accessible paths-of-travel are required from all accessible parking spaces to the event. A site plan that shows the location and number of accessible spaces and accessible pathways clearly shown must be submitted to Building Services, and approved by the Building Official prior to the first event. 9. The portable toilets shall be ADA accessible, and shall not be placed near any catch basins or any other such drain inlets. 10. Adequate trash and recycling receptacles shall be provided around the event site and no liquids or wash down water may be allowed to drain into any inlets. 11. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or the provisions and conditions of approval for SUP 15-26 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. Minor changes to the event may be handled administratively. Any problems identified by the Development Services Director may be brought forward to the City Council for consideration of possible permit revocation or additions/modifications of conditions of approval. Prior to the submittal of such possible permit revocation or additions/modifications of conditions of approval to the City Council, the Development Services Director may modify or add conditions of approval, subject to appeal to the City Council. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 13. Approval of SUP 15-13 shall not take effect unless the applicant/property owner has executed and filed with the City before July 3, 2015, an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 6 of 7 Findings Section 9298.4 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 Event. The parking lot at this location provides ample space for the various booths, attractions, vehicles, and activities planned for this event based on the attendee estimate provided. The final site plan and layout will be reviewed by all relevant City Departments to ensure the space is being used in a safe and efficient manner. 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. This event does utilize the City parking lot and necessitates the partial closure of both Wheeler Avenue and the alley between Santa Anita Avenue and First Avenue, which will impact vehicular circulation patterns. However, the event will be held on a Sunday, when the commercial activity and similar use is at a minimum, and there will be access to the neighboring businesses. In addition, the event requires twelve (12) parking and access control employees from EDI, and two (2) Arcadia Police Officers to assist with circulation. Pedestrian access to and through the site will be maintained, and accessible routes from ADA parking spaces are a requirement of the project. 3. That the proposed Special Use or Event will not result in a significant adverse impact on any adjacent property. Access to and from the businesses adjacent to the venue are a critical factor in planning this event. The event is planned on a Sunday, when conflicts with adjacent businesses are at a minimum. Although public parking is being removed for this event, no private parking is required to be utilized for the event in the area. The parking lot to the west of the City lot, behind Denny’s restaurant, will remain open and accessible. 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. The City’s Police, Fire, Development Services, and Public Works Departments have all reviewed the plans. Conditions of approval have been added to the recommended action to ensure that the Lunar Festival is a safe and well planned event. Specifically, police officers will be on the scene to ensure a safe and orderly event and the event is subject to Fire Department inspection and approval. ENVIRONMENTAL ASSESSMENT 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. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 7 of 7 FISCAL IMPACT The proposed Special Use will have no direct fiscal impact on the City’s General Fund. The City is not requesting a user fee for use of the Downtown Parking Lot. Costs of inspections, police services, business licenses, and any other ancillary permits will be paid by the applicant and will serve to defray the costs of provision of those services. As with all such events, it is required that sales tax from the event be reported from this location as Arcadia sales tax. In addition, it is anticipated that attracting visitors to the Downtown will ultimately prove a benefit for Downtown businesses in terms of new customers and awareness of the Downtown. RECOMMENDATION It is recommended that the City Council approve Special Use Permit No. SUP 15-26, to allow the Asian American Lunar New Year Festival in Downtown Arcadia on January 24, 2016, subject to the conditions of approval listed in this staff report. Attachments: SUP 15-26 Application Materials, location maps, and parking contracts Preliminary Exemption Assessment DATE: December 15, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: SPECIAL USE PERMIT NO. SUP 15-26 TO ALLOW AN ASIAN AMERICAN LUNAR NEW YEAR FESTIVAL IN DOWNTOWN ARCADIA ON JANUARY 24, 2016 Recommendation: Conditional Approval SUMMARY A joint application for a Special Use Permit has been filed by the Downtown Arcadia Improvement Association and EDI Media, Inc., to hold a Lunar New Year Festival in Downtown Arcadia. The Festival is proposed as a one-day event utilizing the City’s Downtown parking lot, and will feature vendor booths from local businesses, food booths and trucks, an arts and craft gallery, and other business vendors. The event will also feature entertainment and stage performances throughout. The event is planned to be held on Sunday, January 24, 2016, from 10:00 a.m. to 6:00 p.m. It is recommended that the City Council approve Special Use Permit No. SUP 15-26, subject to the Conditions of Approval listed in this staff report. BACKGROUND Since the Downtown Arcadia Improvement Association (AIA) was established in 2012, a primary goal of the group has been to facilitate a more active and pedestrian-friendly Downtown. Special events are viewed as one way to try and achieve this vitality. The AIA has assisted in the staging of a Holiday Market in the Downtown over the past two rdth holiday seasons, a Patriotic Concert on July 3 as a “kick off” to the July 4 holiday weekend, and two different sessions of a Downtown Street Fair or Market. The first Street Fair ran for 10 weeks during the summer months this year on Friday nights, and the second Street Market is currently operating on Saturday nights on First Avenue. The current Downtown Street Market is scheduled to run through the end of January, 2016. The City Council held a study session to discuss both the original Street Fair and the Lunar New Year Festival on May 19, 2015. At the May 19 Study Session, the Council approved of the concept of the Lunar New Year Festival and directed the Staff to work with the event promoter and the AIA to discuss details and logistics of a future Special Use Permit for the event. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 2 of 7 DISCUSSION As proposed, EDI Media Inc. (EDI) would produce and plan an Asian American Lunar New Year Festival (Lunar Festival) from 10:00 a.m. to 6:00 p.m. on Sunday, January 24, 2016. In the event of inclement weather, the date would potentially change to February 7. The location of the event is proposed to be the City’s Downtown parking lot, bounded generally by Santa Anita to the west, First Avenue to the east, Wheeler Avenue to the north, and the alley running behind Huntington Drive businesses to the south. Please see Attachment 1 for a map of the event site and additional information. The Festival would include an opening ceremony and ribbon cutting, performances from multi-ethnic groups, local school dance teams, etc., and prize drawings. Vendor booths would include local businesses, food booths and trucks, an arts and crafts gallery, traditional Lunar New Year merchandise, and other family attractions. It is anticipated that the event will draw up to 3,000 attendees over the course of the day. This number of participants would not be expected on the site at any one time. EDI will be responsible for all equipment and personnel to run the event, including all security and logistics staffing, street closure equipment and signage, generators and power equipment, and restroom trailers that are handicap accessible per applicable Health Code requirements. EDI will also be responsible for all vendors, including ensuring that all vendors have the appropriate Health Department certifications, business licenses, and appropriate event insurance. It is important to note that EDI provides built-in marketing and event promotion as part of their organization and business model. As such, they can control somewhat the attendance of such an event based on the level of marketing they pursue. EDI has sponsored events of this size, as well as events with a much larger attendance. It will be critical for this event, given that it is the first of its kind on City property in the Downtown, that attendance be controlled to the extent possible to the number of participants envisioned in the application materials. The estimate of 3,000 total attendees has also been set because the event is planned between two established Lunar festivals (at Pomona Fairplex on January 16-17 and in Monterey Park on January 30-31), which will attract a large number of attendees and likely temper demand somewhat. As the event is planned in the primary Downtown parking lot, parking and access for the event is clearly the most critical issue. Parking for the event is planned on City streets and through agreements with both the Arcadia County Park (150 spaces) and Santa Anita Park (100 spaces). The materials submitted show a total of 110 on-street parking spaces on Santa Clara Street, Morlan Place, and on Wheeler Avenue east of the event site. In addition, there are approximately 210 additional parking spaces identified in private lots in the area that may be available through lease agreements with the owners. A 27-seat shuttle is planned to access the spaces at Santa Anita Park, given the distance to the event. A shuttle route and drop-off plan is included with the application materials. All other participants will be walking to the event from parking locations. EDI has agreements with both the County and Santa Anita, which have been attached to the SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 3 of 7 materials in Attachment 1. Both the County and Santa Anita require their own insurance as part of these agreements. Taken together, the on-street parking and off-street parking spaces identified as available for the event total 360 spaces. This does not account for the 210 spaces identified in private lots as those are not yet secured. This also does not include other on-street parking within a short walk of the event. Parking in the residential areas south of Huntington Drive is not encouraged through this Staff Report, but on-street parking will be available on streets such as Huntington Drive, St. Joseph Street, and La Porte Street. The event is being planned on a Sunday to avoid many of the conflicts inherent in utilizing parking for the businesses around the City parking lot, the Post Office, and other typical Monday-Friday users. As mentioned above, the attached materials from EDI provide images and information of other private parking lots that may be utilized for this event. It is true that these lots are likely to be available on a Sunday; however, this Special Use Permit in no way authorizes the use of private parking lots. EDI and the AIA are encouraged to pursue agreements with owners of private lots for the use of these spaces. All owners of private parking lots in the areas must be specifically notified of the event at least two weeks prior to the event. The proposal is to close both Wheeler Avenue from Santa Anita Avenue to First Avenue and the alley to the rear of Huntington businesses, with the exception of the shuttle drop-off and pick-up on Wheeler. The private lot behind Denny’s will remain accessible at all times for customers of that establishment unless a private agreement is reached between the owner and EDI. Directional signage for parking and for the event will be provided by EDI Media and the AIA to guide both drivers and pedestrians. Signage will be coordinated along with the City’s Engineering Division, and final placement of such signage will be at Engineering’s discretion. EDI will hire six security personnel and another six employees for parking control and directions. Attendants/personnel will be stationed at Arcadia County Park, Santa Anita Park, and on Wheeler, the alley, and street corners around the event, as well as within the booth and stage area. The event description and preliminary site plans for both events have been routed to all relevant City Departments for comments and conditions. The Police Department, Fire Department, and Public Works Services Department have provided comments. The Police Department is requiring that two officers be assigned to the event to maintain crowd control, oversee traffic control, assist with security, and ensure that the event is safe and orderly. The Police will also work with the operator on closure plans for Wheeler and the alley as needed. The Fire Department and Public Works Services Department have provided conditions for event operations and safety that have been incorporated into the Conditions of Approval below. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 4 of 7 The following Conditions of Approval are recommended: 1. A final site plan depicting vendors and equipment, restrooms, and all other amenities shall be provided for review to the City no later than January 15, 2016. This site plan is subject to review and modification by all City Departments. 2. Any signs or banners to be posted on City streets, parking lots, or private property, other than the signs on the trucks and tents, shall be subject to review and approval by the Development Services Director or designee. If a sign has been installed without approval or is otherwise prohibited, the sign may be immediately removed by City personnel. 3. Two (2) officers from the Arcadia Police Department will be required to staff the event. 4. All required insurance certificates and executed copies of parking contracts with Arcadia County Park and Santa Anita Park are required to be submitted no later than January 15, 2016. 5. The operator and related independent contractors and vendors shall obtain City business licenses from the City’s Business License Officer or designee prior to the event. A “blanket” business license will be issued to the operator based on a full list of vendors. 6. The following requirements of the Arcadia Fire Department shall be met to the satisfaction of the City’s Fire Marshal or designee: a. Tents over 400 square feet and canopies over 700 square feet shall require a permit and inspection. b. The location of tables or displays shall not obstruct or block means of egress from adjacent buildings. c. Canopies used for cooking shall be made from flame retardant materials. d. Any and all LPG tanks shall be chained and secured. e. A Class K or 40BC fire extinguisher shall be provided for canopies with cooking operations. f. Generators and other internal combustion power sources shall be isolated from contact with the public by fencing, enclosure, or other approved means. A minimum 2A:10BC fire extinguisher shall be provided within 30 feet of generators. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 5 of 7 7. All electrical installations, including generators, lighting, and audio equipment shall obtain proper permits and are subject to approval by the City’s Building Official or designee. 8. Accessible paths-of-travel are required from all accessible parking spaces to the event. A site plan that shows the location and number of accessible spaces and accessible pathways clearly shown must be submitted to Building Services, and approved by the Building Official prior to the first event. 9. The portable toilets shall be ADA accessible, and shall not be placed near any catch basins or any other such drain inlets. 10. Adequate trash and recycling receptacles shall be provided around the event site and no liquids or wash down water may be allowed to drain into any inlets. 11. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or the provisions and conditions of approval for SUP 15-26 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. Minor changes to the event may be handled administratively. Any problems identified by the Development Services Director may be brought forward to the City Council for consideration of possible permit revocation or additions/modifications of conditions of approval. Prior to the submittal of such possible permit revocation or additions/modifications of conditions of approval to the City Council, the Development Services Director may modify or add conditions of approval, subject to appeal to the City Council. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 13. Approval of SUP 15-13 shall not take effect unless the applicant/property owner has executed and filed with the City before July 3, 2015, an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions of approval. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 6 of 7 Findings Section 9298.4 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 Event. The parking lot at this location provides ample space for the various booths, attractions, vehicles, and activities planned for this event based on the attendee estimate provided. The final site plan and layout will be reviewed by all relevant City Departments to ensure the space is being used in a safe and efficient manner. 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. This event does utilize the City parking lot and necessitates the partial closure of both Wheeler Avenue and the alley between Santa Anita Avenue and First Avenue, which will impact vehicular circulation patterns. However, the event will be held on a Sunday, when the commercial activity and similar use is at a minimum, and there will be access to the neighboring businesses. In addition, the event requires twelve (12) parking and access control employees from EDI, and two (2) Arcadia Police Officers to assist with circulation. Pedestrian access to and through the site will be maintained, and accessible routes from ADA parking spaces are a requirement of the project. 3. That the proposed Special Use or Event will not result in a significant adverse impact on any adjacent property. Access to and from the businesses adjacent to the venue are a critical factor in planning this event. The event is planned on a Sunday, when conflicts with adjacent businesses are at a minimum. Although public parking is being removed for this event, no private parking is required to be utilized for the event in the area. The parking lot to the west of the City lot, behind Denny’s restaurant, will remain open and accessible. 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. The City’s Police, Fire, Development Services, and Public Works Departments have all reviewed the plans. Conditions of approval have been added to the recommended action to ensure that the Lunar Festival is a safe and well planned event. Specifically, police officers will be on the scene to ensure a safe and orderly event and the event is subject to Fire Department inspection and approval. ENVIRONMENTAL ASSESSMENT 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. SUP 15-26 – Lunar New Year Festival December 15, 2015 Page 7 of 7 FISCAL IMPACT The proposed Special Use will have no direct fiscal impact on the City’s General Fund. The City is not requesting a user fee for use of the Downtown Parking Lot. Costs of inspections, police services, business licenses, and any other ancillary permits will be paid by the applicant and will serve to defray the costs of provision of those services. As with all such events, it is required that sales tax from the event be reported from this location as Arcadia sales tax. In addition, it is anticipated that attracting visitors to the Downtown will ultimately prove a benefit for Downtown businesses in terms of new customers and awareness of the Downtown. RECOMMENDATION It is recommended that the City Council approve Special Use Permit No. SUP 15-26, to allow the Asian American Lunar New Year Festival in Downtown Arcadia on January 24, 2016, subject to the conditions of approval listed in this staff report. Attachments: SUP 15-26 Application Materials, location maps, and parking contracts Preliminary Exemption Assessment