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HomeMy WebLinkAboutItem 14b - Temporary Use Permits for Events at Santa Anita Race Track DATE: June 18, 2019 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning & Community Development Administrator Prepared by: Vanessa Quiroz and Peter Sun, Associate Planners SUBJECT: REPORT, DISCUSSION AND DIRECTION REGARDING TEMPORARY USE PERMITS FOR EVENTS AT SANTA ANITA PARK TEMPORARY USE PERMIT NO. TUP 19-10 TO ALLOW A FIREWORKS SHOW AS PART OF A PRIVATE EVENT ON NEW YEAR’S EVE, DECEMBER 31, 2019, AT SANTA ANITA PARK, 285 W. HUNTINGTON DRIVE Recommendation: Provide Direction EXTENSION OF TEMPORARY USE PERMIT NO. TUP 19-03 TO ALLOW TEMPORARY BARN STRUCTURES ERECTED FOR THE FASIG- TIPTON HORSE SALE ON JUNE 5 TO REMAIN ONSITE FOR A FUTURE HORSE SALE IN SEPTEMBER 2019, AT SANTA ANITA PARK, 285 W. HUNTINGTON DRIVE REQUEST HAS BEEN WITHDRAWN SUMMARY The Applicant, Pete Siberell, on behalf of the Los Angeles Turf Club, Inc., has submitted requests for two Temporary Use Permits for events at Santa Anita Park. The first request is TUP 19-10, to allow a fireworks show as part of a New Year’s Eve private event at Santa Anita Park, and the second is an extension to TUP 19-03 to allow temporary barn structures erected for a previously-approved horse sale event in June to remain onsite for a future horse sale event in September 2019. These temporary uses qualify as a Class 4 Categorical Exemption under the California Environmental Quality Act (“CEQA”) per Section 15304(e), as a temporary use of land having negligible or no permanent effects on the environment. Temporary Use Permits for Events at Santa Anita Park (TUP 19-03 and TUP 19-10) June 18, 2019 Page 2 of 6 It should be noted that after the two TUP requests had been noticed to the public, on June 12, 2019, the applicant withdrew their application for the extension to TUP 19-03 related to the barns. They have indicated that the disassembly of the barns will begin on June 17 and everything will be removed by July 1, 2019. Given that the original removal date approved was June 8, it is recommended that the removal date for the barns be extended to July 1 to allow safe removal of the facil ities and materials. The original removal date had been stayed due to the official request for extension. It is recommended that the City Council provide staff with direction on TUP 19-10. If the City Council chooses to take action on the Temporary Use Permit, a list of conditions of approval have been provided within the staff report for consideration. BACKGROUND Santa Anita Park has a Race Track Event “RTE” Overlay Zone designation to allow temporary and special events within certain portions of the property. Any event that draws more than 10,000 people at a time, or operates for more than 12 days (or more than five consecutive days), is subject to review by the City Council. If it is a recurring event, the City Council has typically authorized subsequent events as long as the event was originally approved. Although the proposed event is not a large event, it has unique aspects that are important for consideration and review by the City Council. The New Year’s Eve private event will include a fireworks show. This will be the first time in memory that fireworks will be held at Santa Anita Park, and any fireworks show has impacts that go beyond the property boundaries. Further, the event would take place at midnight, which is an unusual situation for the Park. As such, it was deemed important to notify the neighbors and provide the opportunity for a public hearing. DISCUSSION The applicant is holding a private New Year’s Eve Party in the Chandelier Room from 8:00 PM on December 31, 2019, to 1:00 AM on January 1, 2020. The party is expected to have 300 to 400 people in attendance and will be limited to the grandstand structure. One parking attendant will staff the event, and all parking will be provided onsite. The private event itself would not require a TUP approval, but the Planning & Community Development Administrator required the filing of a TUP for City Council review due to the proposed fireworks show, which can be viewed and heard from outside Santa Anita Park. The fireworks show will be staged in the northern parking lots and will be viewed by guests from the Chandelier Room Balcony and Turf Terrace area . The request is for a 20 to 30 minute fireworks show at midnight. Temporary Use Permits for Events at Santa Anita Park (TUP 19-03 and TUP 19-10) June 18, 2019 Page 3 of 6 A fireworks permit is required to be submitted to the Fire Department prior to the event to ensure that all operations are safe and permitted. In addition, an engine will be required to be on standby for four hours during the event, at the expense of the applicant. If the fireworks are approved as part of the private event, detailed information about the fireworks show will be provided by the applicant forty-five (45) days prior to the event, and this information will be mailed to residents within 1,000 feet of Santa Anita Park so that the impacted neighborhood is aware of the expected fireworks closer to the date of the event. Based on comments received, the City reserves the right to hold another hearing on this matter, should it be deemed necessary. In terms of the duration of the fireworks event, it is recommended that the entirety of the show last no more than 10 minutes. Given the adjacency to residential neighborhoods, even though New Year’s Eve is certainly a time where noise is prevalent at this hour, impacts should be kept to a minimum. All fireworks activity shall cease by 12:20 AM. Temporary Use Permit No. TUP 19-10 was 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 either of the proposed event; however, should the City Council approve the fireworks event, conditions of approval are recommended as shown below. 1. A fireworks inspection permit is required to be submitted by the applicant prior to the event. One additional standby engine from the Fire Department is required to be on site for four hours during the event, at the expense of the applicant. 2. The fireworks show shall not last for more than 10 minutes starting from 12:00AM on January 1, 2020. All fireworks activity shall cease by 12:20 AM. 3. Detailed information about the fireworks show will be provided to the City and mailed to residents within 1,000 feet of the site at least forty-five (45) days prior to the event to inform all parties of the timing and duration of the event. Based on comments received, the City reserves the right to hold another public hearing on this matter. 4. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or conditions of approval for TUP 19-10 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcad ia 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 Temporary Use Permits for Events at Santa Anita Park (TUP 19-03 and TUP 19-10) June 18, 2019 Page 4 of 6 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. 6. Approval of TUP 19-10 shall not take effect until the applicant/property owner has executed and filed with the City on or before July 17, 2019, 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, a Temporary Use Permit may be approved if all the following findings can be made. If the City Council approves the event, it is recommended that the findings listed below be adopted as part of the approval. 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 private party will not impact the public convenience, health, safety, or general welfare. The fireworks show will also not jeopardize, endanger, or constitute a menace to the public convenience, health, safety, or general welfare because it will be for a fairly short duration, will be performed in a safe, controlled environment inspected and monitored by the Fire Department, and will occur at a time on a holiday when this type of activity may be expected and generally accepted by the community. 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 is size and shape to accommodate the fireworks show in that the northern parking lot area is approximately 36.8 acres and provides a safe and structure-free area for launching fireworks. The required fireworks permits will be required to be approved and inspected by the Fire Temporary Use Permits for Events at Santa Anita Park (TUP 19-03 and TUP 19-10) June 18, 2019 Page 5 of 6 Department to ensure that the staging is safe for the site itself and all properties in the surrounding area. 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. Facts in Support of the Finding: The private event is expected to have approximately 300 to 400 in attendance and will be served by Huntington Drive and Colorado Place , which are adequate in width and pavement type to carry the vehicle traffic generated. The parking lot is also adequately large enough to accommodate the vehicles generated. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will be available either onsite or at alternate locations acceptable to the Director. Facts in Support of the Finding: Parking for the private event will be provided in the Turf Club Valet Lot on the east side of the Club House, which provides approximately 230 parking spaces for the event, which should be more than adequate to accommodate the number of visitors for 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. 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: The private event and fireworks show will not adversely interfere with the exi sting uses on the subject property because the event will be held at a time during which Santa Anita Park will not have any other events. The event will also not impede or adversely impact pedestrian access or vehicular circulation patterns because the event is held within a private facility able to accommodate such an event. The fireworks show will also be staged on private property and will not impact vehicle or pedestrian circulation patterns. Temporary Use Permits for Events at Santa Anita Park (TUP 19-03 and TUP 19-10) June 18, 2019 Page 6 of 6 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 recommended conditions for the Temporary Use Permit, the applicant will be required to execute an Acceptance Form indicating acceptance of the conditions of approval required by this approval. ENVIRONMENTAL ANALYSIS The events is considered 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 June 6, 2019, 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. As of the writing of this report, staff did not receive any comments or concerns from the residents. FISCAL IMPACT The proposed fireworks event will not have any fiscal impact. RECOMMENDATION It is recommended the City Council provide direction on Temporary Use Permit No. 19 - 10. If the City Council approves the application, it is recommended that the listed Conditions of Approval and Findings be incorporated into the decision. Attachment No. 1: Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Item A. - TUP 19-10 - Temporary Use Permit to allow a fireworks show as part of a private event on New Year’s Eve, December 31, 2019 Item B. – Extension of TUP 19-03 – Temporary User Permit to allow 200 temporary barn structures erected for the Fasig- Tipton Horse Sale on June 5 to remain on site for a future horse sale in September 23-25, 2019 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): Item A. 285 W. Huntington Drive – Colorado Parking Lot and Chandelier Room Item B. 285 W. Huntington Drive – Parking Lot H (Cross Street: Colorado Place and Huntington Drive) 3.Entity or person undertaking project: A. B. Other (Private) (1) Name Pete Siberell for Los Angeles Turf Club (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: 15304 – 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: June 4, 2019 Staff: Vanessa Quiroz, Associate Planner Attachment No. 1