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HomeMy WebLinkAboutItem 09a - Temporary Use Permit - Winter Festival DATE: November 6, 2018 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning & Community Development Administrator Prepared By: Luis Torrico, Senior Planner SUBJECT: TEMPORARY USE PERMIT WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A WINTER FESTIVAL THAT INCLUDES A VARIETY OF HOLIDAY ACTIVITIES, AN ICE SKATING RINK, TREE LOT, AND OVER 60 POP - UP SHOPS AND FOOD STANDS IN THE SANTA ANITA PARK INFIELD FROM NOVEMBER 23, 2018, THROUGH JANUARY 6, 2019, AT 285 W. HUNTINGTON DRIVE Recommendation: Approve SUMMARY A Temporary Use Permit request to operate a winter festival within the infield at Santa Anita Park was submitted by Leonardo Marcos, on behalf of Santa Anita Park. The applicant will be working in conjunction with event organizer Odd Market to host the festival, which will include a variety of holiday activities, such as an ice skating rink, Christmas tree lot, and over 60 pop-up shops and food stands, from November 23, 2018, through January 6, 2019. It is recommended that the City Council approve the winter festival application, subject to the conditions of approval listed in this staff report. BACKGROUND Within the Race Track Event Overlay Zone, a Temporary Use Permit is required to be submitted for those events that are expected to attract more than 10,000 people at any given time, or those that operate for more than 12 days (or no more than five consecutive days) for a single event. The proposed winter festival is expected to draw approximately 10,000 attendees per week and will be held consecutively for six week s; therefore, the application is subject to City Council review and approval. Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 2 of 9 Santa Anita Park is the applicant for the event; however, they will be working with Odd Market, an event organizer. Odd Market is a Los Angeles event company that has been producing similar family-oriented events, such as music and food festivals, and retail/flea market events at large venues, since 1991. This will be the first time that this event will be held at Santa Anita Park. DISCUSSION The winter festival will be held within the Santa Anita Park infield from November 23, 2018, through January 6, 2019. It is anticipated that the festival will draw approximately 10,000 attendees per week, and the festival will operate seven days a week during the following hours:  Monday – Thursday: 12:00 p.m. – 8:00 p.m.  Friday – Saturday: 11:00 a.m. – 10:00 p.m.  Sunday: 11:00 a.m. – 8:00 p.m. The festival will feature a variety of activities, including but not limited to : an ice skating rink, Christmas tree lot, Santa photo house, a petting zoo and a horse drawn carriage . In addition, over 60 pop-up shops and food stands, and alcohol sales will be provided during the event. All the activities will be held within the infield with the exception of the Christmas tree lot, which will be located in the parking area north of the Racetrack (see Figure 1). The Christmas tree lot will operate from November 23 – December 25, 2018. Figure 1 – Site Plan Parking Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 3 of 9 In addition to the activities and food/beverage sales provided, the event will feature live music. A DJ will provide background holiday-themed music Friday through Sunday. While the music will be amplified, the volume will be kept at a minimum to provide a holiday ambiance. Marketing material prepared by the organizers, which includes the information discussed above and simulated images, are included as Attachment No. 2. Parking will be provided in the north parking lot of the Racetrack, accessed from Colorado Place via Gate 6. The parking area provides approximately 6,000 parking spaces for festival visitors. If more parking is needed, an additional 12,742 parking spaces will be made available at the east and south side of the Racetrack accessed through Gates 3, 5 and 8. Santa Anita Park will be providing up to four parking attendants to control and direct traffic on each day of the festival. For security purposes, the parking lot will be illuminated during the evening hours. Santa Anita Park will also be providing security for the event. During the event hours there will be 6-8 security guards during the weekdays, Monday through Thursday, and 8 -12 security guards during the weekends, Friday through Sunday. Temporary events on the Racetrack property are limited to two simultaneous events, regardless of the event. During the winter festival, there will be another major event held on-site. Circus Vargas has been approved to host their annual performances in the southwest parking lot from November 15-26, 2018. The event will overlap for four days (November 23-26, 2018) with the winter festival; however, since the events and parking will be held at opposite ends of the site, and the circus does not expect to draw more than 500 people, there are no anticipated impacts from both events occurring at the same time. In addition, live horse racing will commence on December 26, 2018. This will be towards the end of the winter festival when most of the holiday related events such as the Christmas tree lot and Santa’s photo house will no longer be in operation. Therefore, no impacts are anticipated when the racing season commences. The request has been reviewed by the Fire Department, Police Department, Planning and Building Services, Business Licensing, Engineering Services, and the Public Works Services Department. No concerns were raised by any of the departments for the proposed event; however, conditions from all applicable City departments have been incorporated, and are recommended as shown below. 1. The W inter Festival is approved between November 23, 2018, through January 6, 2019 during the following hours: a. Monday – Thursday: 12:00 p.m. – 8:00 p.m. b. Friday – Saturday: 11:00 am – 10:00 pm c. Sunday: 11:00 am – 8:00 pm 2. Alcoholic beverage service shall be limited to the approved hours of operation of the event. Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 4 of 9 3. A permit and inspection is required by the Arcadia Fire Mar shal or designee prior to the event, and the applicant shall provide the following at least one week prior to the event: 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 the 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. 6. The applicant shall provide illumination for the parking lot for the duration of the event, and the lighting proposed is subject to approval by the City’s Building Official and Police Chief or designees by November 15, 2018. 7. The organizers shall provide a sign(s) directing t he attendees to parking lot area north of the Racetrack /Gate 6. Any signs, mobile billboard, or banners on the subject property, the City medians, parkways, or any other City property 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 and the Christmas tree lot; the fencing shall not interfere with any egress routes required by the Arcadia Fire Marshal. 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. Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 5 of 9 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. 15. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or conditions of approval for TUP 18-21 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. 16. 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 m atter. 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. 17. Approval of TUP 18-21 shall not take effect until the applicant/property owner has executed and filed with the City on or before November 19, 2018, an Acceptance Form available from the Development Services Department to indicate acceptance of the conditions required by this approval. FINDINGS Pursuant to Development Code Section 9107.23.080, the Temporary Use Permit may be approved if all the following findings can be made. 1. The operation of the requested temporary use at the location proposed, within the time period specified, and subject to appropriate conditions will not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare. Facts in Support of the Finding: The proposed winter festival to be held within the infield at Santa Anita Park will not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare. Santa Anita Park is a venue with adequate space and parking to facilitate large crowds that will be generated by the proposed event. The event, with the exception of the Christmas tree lot, will be held inside the infield, which is located approximately 1,000 feet from the residents north the Racetrack and Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 6 of 9 approximately 1,200 feet from the residents across Colorado Place. While the event is not expected to generate noise that will disturb the neighboring residents and will be located at least 1,000 feet from the nearest residential property, t he event will only be allowed to operate until 8:00 pm between Sunday through Thursday, and until 10:00 pm on Friday and Saturday to further mitigate impacts to the neighboring residents. Santa Anita Park will be providing up to four parking attendants to control and direct traffic. For security purposes, the parking lot will be illuminated during the evening hours. In addition, Santa Anita Park will also be providing security for the event. During the event hours on Monday through Thursday, 6-8 security guards will be provided, and from Friday through Sunday, 8-12 security guards will be present. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. Facts in Support of the Finding: Santa Anita Park is more than adequate in size and shape to accommodate the proposed winter festival. In addition to live horse racing events, Santa Anita Park hosts several events similar in size and attendance throughout the year. Events have been held in the infield, where the proposed winter festival event will be held, in the paddock, and in parking areas without impacting other properties located adjacent to and in the vicinity of the site. The proposed winter festival will follow the same operational characteristics as previous events to ensure that no detriment to the use and enjoyment of surrounding properties will occur. During the winter festival, Circus Vargas will also be hosting their annual performances in the southwest parking lot from November 15 -26, 2018. The event will overlap for four days (November 23 -26, 2018) with the winter festival; however, since the events and parking will be held at opposite ends of the site, there are no anticipated impacts from both events occurring at the same time . In addition, live horse racing will commence at the site on December 26, 2018 . This will be towards the end of the winter festival where most of the holiday related events such as the Christmas tree lot and Santa’s photo house will no longer be in operation. Given the size of the site and small overlap time of the Circus and horse racing with the proposed winter festival, no impacts are anticipated. 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 7 of 9 Facts in Support of the Finding: Santa Anita Park is served by Huntington Drive and Colorado Place, which are adequate in width and pavement type to carry the vehicle traffic generated by the proposed winter festival event. Parking for the event will be in the parking lot area north of the Racetrack which is accessed from Gate 6 from Colorado Place. The parking area provides approximately 6,000 parking spaces, which will be adequate for the attendees. In addition, Santa Anita Park will provide parking attendants to direct visitors to the appropriate parking areas. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will be available either on-site or at alternate locations acceptable to the Director. Facts in Support of the Finding: Parking for the proposed winter festival will be provided on-site located in the parking area north of the racetrack. The parking is accessed from Gate 6 from Colorado Place. The parking lot area provides approximately 6,000 parking spaces for all the event visit ors. The parking provided will be more than adequate to accommodate the visitors of the event. In addition, the subject site has plenty of parking located throughout the site in the event that more is needed or issues arise with the intended parking area for the event. For security purposes, the parking lot will be illuminated during the evening hours and traffic and parking control will be provided. 5. The location for the proposed temporary use would not adversely interfere with existing uses on the subject property, and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns. Facts in Support of the Finding: Santa Anita Park hosts live racing at various times throughout the year. Aside from horse racing, all the other events held at the site are temporary. The winter festival will be held from November 23, 2018, through January 6, 2019. During this time there will only be one more event held on the subject site. Circus Vargas will be hosting their annual performances in the southwest parking lot from November 15 -26, 2018. The event will overlap for four days (November 23-26, 2018) with the winter festival; however, since the events and parking will be held at opposite ends of the site, there are no anticipated impacts from both events occurring at the same time. In addition, live horse racing will commence at the site on December 26, 2018. This will be towards the end of the winter festival event where most of the holiday related events such as the Christmas tree lot and Santa’s photo house will no longer be in operation. Given the size of the site and small overlap time, the proposed winter festival will not adversely interfere with the temporary Circus Vargas event or live horse racing. Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 8 of 9 6. The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority in the approval of the Temporary Use Permit. Facts in Support of the Finding: As required with all approvals and per Condition of Approval No. 17, the applicant will be required to execute an Acceptance Form indicating acceptance of the conditions of approval required by this approval. 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 (see Attachment No. 1). PUBLIC COMMENTS/NOTICE Notices were sent on October 25, 2018, to the owners of those properties that are within 1,000 feet of the subject site, and the notice was published in the Arcadia Weekly newspaper. During the notification period, staff did not receive any comments or concerns from the residents. FISCAL IMPACT The proposed event will not have a significant fiscal impact , but vendors participating in the event will be subject to business licensing, and the retail sales will be subject to sales tax, both positive benefits to the City. RECOMMENDATION It is recommended the City Council approve Temporary Use Permit No. TUP 18-21, along with a categorical exemption from the California Environmental Quality Act (“CEQA”), per Section 15304(e) and approve for a winter festival at Santa Anita Park from November 23, 2018, through January 6, 2019, at 285 W. Huntington Drive , subject to the aforementioned conditions of approval. Winter Festival at Santa Anita Park Temporary Use Permit November 6, 2018 Page 9 of 9 Attachment No. 1: Preliminary Exemption Assessment Attachment No. 2: Marketing Materials Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: TUP 18-21 - Temporary Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15304 for a winter festival that includes a variety of holiday activities, an ice skating rink, tree lot, and over 60 pop-up shops and food stands in the Santa Anita Park infield from November 23, 2018 through January 6, 2019, at 285 W. Huntington Drive. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 285 W. Huntington Drive - Santa Anita Park infield (cross streets: Baldwin Avenue and Holly Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Leonardo Marcos on behalf of Santa Anita Park (2) Address 285 W. Huntington Drive 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. The project is categorically exempt. Applicable Exemption Class: 15332 – Class 4 (Minor temporary use of 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: Date: November 6, 2018 Staff: Luis Torrico, Senior Planner ATTACHMENT 1 ATTACHMENT 2