LHMC Section 18.04.030 (Terms Defined) defines a "special event" as any organized activity of limited duration on private property or in the public right-of-way which may not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of the temporary nature of the activity, or which exceeds the scope of the business licensed and approved for the premises on which the event is to be held. Special events may be one-time or recurring. Examples of a special event include, but are not limited to, block parties; sidewalk sales; carnivals, circuses, fairs, festivals and other similar activities; parades; grand openings; and farmers' markets and other seasonal commercial sales. A "Large Special Event" includes any of the following:

1. Anticipated to have two hundred fifty or more attendees.
2. A duration of five or more days.
3. Temporary removal of more than twenty-five percent of the available on-site parking.
4. Closure of one or more public street(s).
5. Use of an inflatable structure, including, but not limited to, a bounce house, larger than two hundred square feet in size.

Table 2: Operating Schedule

Exhibit 2 and Attachment 3 show the site plan for the main event space. The Circus travels with eight 40-foot RVs which are attached to the show's generator. These RVs are positioned around the main show tent. One of these RVs will be utilized as the ticket sales box office and will be positioned towards the front entrance. Circus Cabellero carries five of its own porta-potties, one of which is Americans with Disabilities Act (ADA) accessible. The Circus also travels with its own 40-yard dumpster, which is hauled by the Circus to an appropriate location for disposal. Trash cans are available for public use outside the tent area, and any trash that falls inside the tent area will be cleaned up by the show crew after each show. The main tent is round with a diameter of 131 feet. Inside the tent is a round performance area with a ring of bleacher seats for attendees to watch the show. The tent has four lighted exits located at various locations around the bleachers. Toward the front of the tent there is an area with a food stand, sinks, dining area, and areas for photo opportunities.

Exhibit 2: Site Plan


Exhibit 3 and Attachment 4 identify the access route between the main event space and the parking area, which is approximately 500 feet northwest from the main event space. Pedestrian access between the parking area and the main event space is provided via the public sidewalks on East Stearns Avenue and North Harbor Boulevard. Project Specific Condition of Approval No. 8 requires the Applicant to ensure that temporary fencing is installed around the perimeter of the property located at the southwest corner of East Stearns Avenue and North Harbor Boulevard; Project Specific Condition of Approval No. 12 requires security to be provided along the proposed access route from the parking area to the main event area to ensure that attendees are following the approved access route plan without cutting through this private property that is not a part of the special event or owned by either 555 Star Development (115 North Harbor Boulevard) or GSJ Stearns LLC (1002-1026 East Stearns Avenue).

Exhibit 3: Access Route Plan

Table 3: Parking Summary

LHMC requirement for temporary commercial enterprises and seasonal commercial sales lots	Tent Size	Spaces Required	Spaces Provided
4 spaces plus 4 per 1000 SF of display area	25, 375 SF	106 spaces	127 spaces

Analysis

Pursuant to LHMC Section 18.04.030, the Circus is considered a Large Special Event Permit (SEP) because it is anticipated to have two hundred fifty or more attendees and is planned for a duration of five or more days. Pursuant to LHMC Section 18.65.080, in order to grant the SEP, the Planning Commission must make the findings below. Following each finding, staff has provided justification to make said finding. 

1. The proposed site is adequate in size and shape to accommodate such special event without material detriment to the use or enjoyment of the property of other persons located in the vicinity of the site.
The proposed main event area is located on a 78,927 square-foot (1.81 acre) vacant lot with independent vehicle access from both Harbor and La Habra Boulevards. The entire circus area is proposed to cover approximately 32,400 square feet. This area includes the circus tent, RVs, a concession stand, bathrooms, and a ticket booth. In addition, the main event area plus the parking area can accommodate more than the required number of parking spaces required for the event. The proposed event will have minimal impacts on the surrounding uses, as the main event area is primarily surrounded by commercial uses, parking lots, and adjacent vacant lots. The Engineering Department has reviewed the project proposal and has determined that the event will not create an impact on traffic and that no additional traffic impact study or mitigation plan will been needed. Temporary fencing will be set up to ensure that attendees are not utilizing the neighboring property for access from the parking area to the main event space. The Applicant has provided noise studies conducted by the Applicant for other circus shows which demonstrate the circus shows will have little to no noise impact on neighboring residential properties. Shows will also end relatively early, with the latest shows on weekends ending around 9:30 PM. Additionally, due to the proximity of the event space to Harbor Blvd., sound levels are expected to be comparable to the existing conditions, with no expected significant noise impact on the surrounding residences and businesses.  

Therefore, the proposed site is adequate in size and shape to accommodate such special event without material detriment to the use or enjoyment of the property of other persons located within the vicinity of the site.

2. Sufficient off-street parking spaces, which may include off-site locations, shuttles, or valet parking, are provided.
The Applicant has provided a parking plan which complies with the minimum parking requirements for special events within the City. Section 18.14.060 (Number of Spaces Required) of the LHMC does not have a specific parking requirement for Large or Small Special Events. Therefore, staff used the parking requirement for temporary commercial enterprises and seasonal commercial sales lots as set forth in LHMC Section 18.14.060, which requires that all temporary commercial enterprises provide a minimum of four parking spaces plus four parking spaces per 1,000 square feet of display area. This calculation requires that the Applicant provide 102 parking spaces for the event. The parking plan provided by the Applicant allows for parking of 117 vehicles in an off-site vacant lot located approximately 500 feet northwest of the main event space, and has provided 10 accessible parking spaces on the same parcel as the main event space for a total of 127 parking spaces. 

Therefore, the Applicant has provided sufficient off-street parking spaces. 

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 such special event will or could reasonably generate.
The proposed site is located on the corner of two major thoroughfares within the City, Harbor Blvd. and La Habra Blvd. These streets serve two major commercial corridors within the City and are lined with commercial shopping centers and businesses which have parking lots that can accommodate large quantities of vehicles. Minor residential streets will not be required to access the main event space nor the dedicated parking area. The Engineering Department has reviewed this project proposal and determined that no additional traffic impact study or mitigation plan would be required. 

Therefore, the proposed sire is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic the special event will or could reasonably generate. 

4. The proposed activity will not interfere with any other special event for which a permit has already been approved or with the provision of city services in support of other scheduled activities.
There are currently no other approved or proposed special events within the vicinity of this proposed event. There are currently no scheduled City activities at or within the vicinity of this proposed event. 

Therefore, the proposed activity will not interfere with any other special event for which a permit has already been approved or with the provision of City services in support of other scheduled activities. 

5. The use or event will comply with all applicable provisions of local, state and federal laws and regulations.
The Applicant is aware of all permits needed to operate their event. The Applicant has demonstrated that the special event complies with the provisions of the La Habra Municipal Code and has obtained permit clearance from the OC Health Care Agency for the proposed food sales and permit approval from the Los Angeles County Fire Department for their proposed temporary circus tent structure. The Applicant is aware of the need to apply for a building permit for temporary generators and the need for a City business license and will obtain these before the proposed event start date. While the expected noise levels may exceed the threshold permitted by the LHMC, the proposed event would have no audible impact on the surrounding residents due to the existing ambient noise from Harbor Blvd., which is equivalent to, and at times exceeds, the expected sound levels from the proposed event. Additionally, Standard Condition of Approval No. 1.1 requires compliance with the LHMC and all applicable federal, state and local laws, ordinances, policies and regulations. 

Therefore, the event will comply with all applicable provisions of local, state and federal laws and regulations. 

6. None of the grounds for denial found in LHMC Section 18.65.090 exist.
Based on the information provided by the Applicant and available to staff, none of the grounds for denial found in LHMC Section 18.65.090 exist. The information contained within the application was found to be complete and not found to be materially false. This entitlement is the Applicant's first special event permit application within the City, therefore, the Applicant has not failed to conduct a previously authorized activity in accordance with the law or terms of the permit. The Applicant has no outstanding or unpaid debts to the City. The Applicant has completed the indemnification and hold harmless requirement prescribed by LHMC Chapter 18.65. This is the Applicant's first special event application; therefore, no previous special event permits have been issued to the Applicant for which the Applicant violated any conditions of the permit. Finally, the Applicant has not violated any City ordinance, rule, or regulation within the past twenty-four months. 

Therefore, none of the grounds for denial found in LHMC Section 18.65.090 exist.