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HomeMy WebLinkAboutItem 10a - Inflatable Play Park at The Shops at Santa Anita Mall DATE: February 7, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director Prepared By: Fiona Graham, Planning Services Manager SUBJECT: TEMPORARY USE PERMIT NO. TUP 22-23 TO ALLOW FUNBOX, AN INFLATABLE PLAY AREA PARK, AT THE SHOPS AT SANTA ANITA MALL (400 S. BALDWIN AVENUE) NORTHWEST PARKING LOT AREA NEAR BALDWIN AVENUE FROM MARCH 1, 2023 THROUGH MAY 31, 2023 CEQA: Exempt Recommendation: Adopt Findings and Approve SUMMARY The Applicant, Mr. Lovos on behalf of Hallier Investments, LLC (dba: FunBox), is requesting approval for Temporary Use Permit Application No. TUP 22-23 to allow operation of an inflatable play area park at The Shops at Santa Anita Mall (400 S. Baldwin Avenue). The play area will be located in the northwest parking lot area near Baldwin Avenue from March 1, 2023, through May 31, 2023. It is recommended that the City Council approve Temporary Use Permit No. TUP 22-23, subject to the conditions of approval listed in this staff report. BACKGROUND The Applicant operates a large, temporary inflatable play area business in the Los Angeles area. FunBox is currently located inside the mall, adjacent to the food court and has been there since 2019. The operation inside the mall is smaller and includes some inflatable play areas. The Applicant has been operating the temporary inflatable play area park at mall parking lots throughout the Los Angeles area for the past two years. Other locations have included Woodland Hills Westfield Mall and Del Amo Fashion Center in Torrance. This will be the first time the Applicant will operate an outdoor, inflatable play area park in Arcadia. The proposed event will take place in the northwest parking lot area, near FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 2 of 8 Baldwin Avenue, at The Shops at Santa Anita (refer to Attachment No. 1 - Site Plan and Aerial Map). DISCUSSION The Development Code allows for temporary uses to occur throughout Arcadia subject to review and approval by the City. A temporary use that proposes to operate in excess of 14 consecutive days, or six consecutive weekends, in a 12-month period requires a public hearing before the City Council. The proposed inflatable play area park will be held at The Shops at Santa Anita northwest parking lot from March 1, 2023, through May 31, 2023. It will operate three days a week – Friday through Sunday – from 9:00 a.m. to 9:00 p.m., and the following school-closure days: March 13, April 3 – 7 (Spring Break), and May 29 (Memorial Day). The hours of operation are similar to the mall, which is open from 10:00 a.m. to 8 p.m. Sunday through Thursday and from 10:00 a.m. to 9:00 p.m. on Fridays and Saturdays. Patrons will purchase tickets for a timeslot on a particular day and enter through the main entrance, which faces north. Each session is 1.5 hours long. The organizers are expecting that approximately 90% of tickets will be purchased online; however, tickets may be purchased at the main entrance to the event area. The event will have at least 10 staff on site at all times, including an operations manager. The inflatable park area will be secured behind an eight foot high temporary fence. Within the fenced area there will be tables and chairs, five portable toilets and one wash station. The park will have two inflatable play areas – a larger one and a smaller one, and supporting equipment such as generators, fire extinguishers, and temporary lighting. No food will be sold at this event, except that bottled water will be available for purchase. Signage will be attached to the exterior of the temporary fence that encloses the FunBox play area, and no additional off-site signage is proposed. Refer to Attachment No. 2 for photos of FunBox operations at other similar locations. Based on previous experiences at the Woodland Hills and Torrance malls, the Applicant is expecting a maximum of 330 people to attend per timeslot, with Saturdays being the busiest day. Patrons are typically children 12 years and younger, although there are no age limits overall. The entire facility can accommodate up to 400 people, and the larger inflatable play area within the fenced area has a maximum capacity of 300 people. An employee will be stationed at the entrance/exit to the larger inflatable play area to regulate use and capacity limitations, ensuring no more than 300 customers are using the space at any one time. Parking will be provided onsite at the mall parking lot. The organizers for FunBox estimate a maximum of 140 vehicles will park at the site for up to 400 patrons. This estimate is based on experiences operating FunBox at other malls in the Los Angeles FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 3 of 8 Area. There will be more than 375 parking spaces available in the parking lot area immediately adjacent to the inflatable play park. Although these spaces are not being held specifically for FunBox guest parking, there will be more than sufficient parking available throughout the mall for all customers. Furthermore, the majority of patrons are children and it is expected that many will visit as a family or group, reducing parking space demand. This request has been reviewed by the Fire Department, Police Department, Planning and Building Services, Engineering Services, and the Public Works Services Department. No concerns were raised by any of the departments for the requested permit. It is recommended that the following Conditions of Approval be stipulated for the event: 1. The approval for the Funbox Park Play event is from: • March 1, 2023, through May 31, 2023, from 9:00 a.m. to 9:00 p.m., Friday through Sundays; and • March 13, April 3 – 7, and May 29, 2023, from 9:00 a.m. to 9:00 p.m. 2. An outdoor assembly permit and inspection is required from the Fire Department prior to the commencement of operation. 3. Ensure at least two pedestrian exits are provided at exterior chain link fence per the California Building Code (“CBC”) 1006.2.1. The exits shall be man-gates that swing in the direction of travel. If hardware is provided, it shall be panic or push-bar type. 4. The generator shall be enclosed and protected from public access. A driven ground rod shall be provided for all portable generators. All 120v general use receptacles shall be GFCI protected. All electrical cords used shall be free from defects and shall be appropriately protected. An electrical permit is required for temporary generators and lighting, which shall comply with the 2022 California Electrical Code. 5. Emergency lighting shall be provided for the event area up to 50 feet from the play structure. 6. Any electrical wiring on ground shall be secured in a fashion to prevent tripping. 7. An emergency operations plan shall be submitted to the Fire Department for review at least one (1) week prior to the commencement of the event. FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 4 of 8 8. Facilities must meet California’s accessibility requirements. Ensure a minimum of 5% of all activities are accessible. This includes parking spaces, portable toilets, and seating arrangements. 9. Accessible routes to and around the attraction shall be provided in accordance with Section 11B-206 and shall comply with Division 4 California Building Code (“CBC”) 11B-206. 10. The event and set up shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 11. There must be at least one recycling bin located next to each trach bin. 12. All future events sponsored by FunBox and within the parking lot area at The Shops at Santa Anita shall be subject to administrative approval of a Temporary Use Permit. This future Temporary Use Permit approval is only valid for three months within a calendar year. No City Council hearing shall be required for these events unless significant operational modifications are proposed, or if required by the Development Services Director; in which case, the application may be referred to the City Council. 13. Noncompliance by the Applicant with any Arcadia Municipal Code provisions or Conditions of Approval for TUP 22-23 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing and/or cancellation of the event. 14. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Temporary Use Permit No. FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 5 of 8 TUP 22-23 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 15. Approval of TUP 22-23 shall not take effect until the Applicant/Property Owner has executed and filed with the City on or before February 28, 2023, 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. FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 6 of 8 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 parking lot area being utilized for the inflatable play area park at The Shops at Santa Anita mall can accommodate the proposed event. The proposed event will not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare. The event will be held in the northwest parking lot area, adjacent to Baldwin Avenue. This location is approximately 170 feet from multi-family residential uses on the west side of Baldwin Avenue. The inflatable play area park and residential units are separated by a landscaped earth berm and Baldwin Avenue, which consists of six lanes of traffic and a median. Music will be played through speakers for the enjoyment of patrons; however, the noise level will not exceed the decibel level that is allowed in the City’s Municipal Code. The hours of operation are similar to the mall’s opening/closing times, and the use is not anticipated to generate any off-site impacts inconsistent with the Regional Commercial Zone or the mall use. 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: The Shops at Santa Anita is more than adequate in size and shape to accommodate the proposed inflatable play area park use. In addition to typical mall uses such as retail, restaurant, service, and entertainment, The Shops at Santa Anita has hosted several events similar in size and attendance in previous years, such as a pumpkin patch, a COVID testing center, and Circus Vargas, without any notable negative effects. Temporary events and uses are typically located in the northwest parking lot area near Baldwin Avenue. The proposed inflatable play area park will follow the same operational characteristics as previous events to ensure that no detriment to the use and enjoyment of surrounding properties will occur. 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 Shops at Santa Anita is served by Huntington Drive and Baldwin Avenue, which are adequate in width and pavement type to carry the vehicle traffic generated by the proposed inflatable play area park. FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 7 of 8 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 proposed inflatable play area park will be provided onsite. Parking will not be allocated or restricted for use by FunBox patrons as the mall has more than sufficient parking available to meet anticipated guest numbers. The maximum number of vehicles expected for any session is 140. The parking area immediately adjacent to FunBox will have more than 375 spaces available. The Applicant has operated inflatable play area parks at other malls in the Los Angeles area without any parking issues. As a result of this information, the temporary use is not expected to generate any traffic or parking issues on the site. 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 Shops at Santa Anita mall is an existing commercial mall housing a variety of retail, restaurant, service, and entertainment uses. The mall’s parking lot, where the inflatable play area park is to be located, is vacant or underutilized throughout much of the year. The mall also hosts several temporary events and uses throughout the year such as the Circus Vargas and an annual pumpkin patch in the same location as FunBox is proposed to operate. These other temporary uses operate similarly sized operations in the same location without any adverse impacts. The proposed inflatable play area park will be held from March 1, 2023, through May 31, 2023, and this will be the only temporary event taking place on the mall property at this time. Given the size of the site, the proposed event will not adversely interfere with the regular operations of the mall or impact pedestrian and/or vehicular circulation patterns. 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. 15, the Applicant will be required to execute an Acceptance Form, indicating acceptance of the Conditions of Approval. Based on the foregoing as well as the submitted application materials, all required findings can be made by the City Council FunBox Inflatable Play Park at The Shops at Santa Anita Temporary Use Permit No. 22-23 February 7, 2023 Page 8 of 8 ENVIRONMENTAL ANALYSIS This project is Categorically Exempt from the California Environmental Quality Act (“CEQA”) under Section 15304(e) of the CEQA Guidelines, a temporary use having no permanent effect on the environment. A Preliminary Exemption Assessment is included as Attachment No. 3. PUBLIC NOTICE/COMMENTS Public hearing notices for this item were mailed on January 25, 2023, to the property owners within 1,000 feet of the subject site, and the notice was published in the Arcadia Weekly newspaper. As of February 3, 2023, staff did not receive any public comments on this temporary use permit application. FISCAL IMPACT The proposed event will not have a fiscal impact on the City’s General Fund budget as no additional services are required by the Police or Fire Department for this event. RECOMMENDATION It is recommended that the City Council adopt the required findings and approve Temporary Use Permit No. TUP 22-23, with a Categorical Exemption from the California Environmental Quality Act (“CEQA”) per Section 15304(e), and allow FunBox, an inflatable play area park, at The Shops at Santa Anita Mall (400 S. Baldwin Avenue) Northwest Parking Lot area near Baldwin Avenue from March 1 through May 31, 2023, subject to the recommended Conditions of Approval. Attachment No. 1: Site Plan and Aerial Map Attachment No. 2: Photos of FunBox operations at other locations Attachment No. 3: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Site Plan and Aerial Map 635 745 625227 231 480 561 346 286 16548 495 115 346 PARKING TABULATION REQUIRED 1 PER 100 SQFT. PARKING SPACES TEMP. REPLACED 209 PARKING SPACES REQUIRED 184 EMPLOYEE PARKING SPACES 17 REGULAR PARKING SPACES 5,305 TOTAL PARKING SPACES REQUIRED 226 TOTAL PARKING SPACES AVAILABLE 5,104 HOURS OF OPERATION FRIDAY: 9 A.M- 9 P.M SATURDAY: 9 P.M- 9 P.M SUNDAY: 9 A.M- 9 P.M DATE OF OPERATION MARCH 1, 2023 - MAY 31, 2023 EMPLOYEES PER SHIFT FRIDAY: MANAGER + MAINTENANCE + STAFF OF 8 MANAGER & MAINTENANCE PERSON WORKS AN HOUR BEFORE AND STAYS AN HOUR AFTER: 9 AM - 9 PM STAFF OF 8: 9 AM - 3 PM / 3 PM - 9 PM SATURDAY & SUNDAY: MANAGER + MAINTENANCE + STAFF OF 14 MANAGER & MAINTENANCE PERSON WORKS AN HOUR BEFORE AND STAYS AN HOUR AFTER: 8 AM - 10 PM STAFF OF 14: TWO SHIFTS: 7 PEOPLE 9 AM - 3 PM 7 PEOPLE 3 PM - 9 PM N *** 1.5- HOUR TIME SLOTS *** 300 OCCUPANCY LOAD PER TIME SLOT PROJECT LOCATION WATER BOTTLE KIOSK (1) UNDER INFLATABLE TENT TRASH CAN CONTAINERS (9) TEMPORARY PORTABLE BATHROOMS (4) PROVIDE AN ADA COMPLIANT PORTABLE RESTROOM (1) HAND WASHING STATION (1) PROVIDE AN ADA COMPLIANT WASHING STATION (1) 8' TALL PERIMETER FENCING *** 1.5- HOUR TIME SLOTS *** 300 OCCUPANCY LOAD PER TIME SLOT HOURS OF OPERATION FRIDAY: 9 A.M- 9 P.M SATURDAY: 9 A.M- 9 P.M SUNDAY: 9 A.M- 9 P.M PARKING TABULATION REQUIRED 1 PER 100 SQFT. PARKING SPACES TEMP. REPLACED 209 PARKING SPACES REQUIRED 184 EMPLOYEE PARKING SPACES 17 REGULAR PARKING SPACES 5,305 TOTAL PARKING SPACES REQUIRED 226 TOTAL PARKING SPACES AVAILABLE 5,104 DATE OF OPERATION MARCH 1, 2023 - MAY 31, 2023 N Attachment No. 2 Attachment No. 2 Photos of FunBox at other locations Attachment No. 3 Attachment No. 3 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Date: January 23, 2023 Staff: Fiona Graham, Planning Services Manager 1. Name or description of project: TUP 22-23 – A temporary use permit to allow FunBox, an inflatable play area park, at The Shops at Santa Anita mall northwest parking lot area near Baldwin Avenue from March 1, 2023 through May 31, 2023 at 400 S. Baldwin Avenue 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): 400 S. Baldwin Avenue (The Shops at Santa Anita mall north-west parking lot near Baldwin Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Hallier Investments, LLC (2) Address 2510 E. Sunset Road 5-400 Las Vegas, Nevada 89120 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(e) – Temporary Use of Land Having No Permanent Effects 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: