HomeMy WebLinkAbout1. PLN-12-00204, 10924 Paramount Blvd (sr) (2)STAFF REPORT
DATE: SEPTEMBER 19, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR
JESSICA J. FLORES, ASSOCIATE PLANNER
SUBJECT: PLN CASE NO. 12-00204 (SPECIAL EVENT) - A REQUEST FOR
APPROVAL OF A SPECIAL EVE NT PERMIT TO CONDUCT AN
OKTOBERFEST CELEBRATION ON OCTOBER 12 AND 13, 2012, IN THE
PARKING LOT OF AN EXISTI NG RESTAURANT (THE DOWNEY
BREWING COMPANY), 10924 PARAMOUNT BOULEVARD, DOWNEY,
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
CEQA
Staff has reviewed the proposed special event for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, it has been determined
that this request is categorically exempt from CEQA, pursuant to Guideline Section No.
15304(e), Class 4, (Minor Alterations to Land). Categorical Exemptions are projects which
have been determined not to have a significant effect on the environment and have been
exempted from the requirements of the Calif ornia Environmental Quality Act. Class 4
consists of minor alterations to the condition of land, including approval of temporary land
uses that have a negligible or no permanent effects on the environment. It is staff’s opinion
that the temporary outdoor event will not have a permanent effect on the environment;
therefore, it qualifies for the Class 4 exemption.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN CASE NO. 12-00204 - A REQUEST FOR APPROVAL OF A SPECIAL
EVENT PERMIT TO CONDUCT AN OKTOBERFEST CELEBRATION ON OCTOBER 12
AND 13, 2012, IN THE PARKING LOT OF THE DOWNEY BREWING COMPANY
RESTAURANT, 10924 PARAMOUNT BOULEVARD, DOWNEY, ZONED DOWNTOWN
DOWNEY SPECIFIC PLAN (DDSP)
CODE AUTHORITY
Section 9420 of the Downey Municipal Code (S pecial Events) provides the regulations for
special events. It states that if an event is of a scale or use that may result in extensive
potential impacts to the community, even temporary, the City Planner may forward the
Special Event Permit application to the Planning Commission for their decision.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
10924 Paramount Blvd.
SITE DESCRIPTION
A. Subject Property
1. Property Information:
Site Location: 10924 Paramount Boulevard
2. Applicant Information:
Property Owner: Se rgio Vazquez
Downey Brewing Company
10924 Paramount Boulevard
Downey, CA 90241
CEQA Determination: Categorically Exempt, Class 4
4. Noticing Information:
Applicant Notification: August 16, 2012
B. Surrounding Properties
Zone* Use
Downtown Downey Specific
Creative Beginnings
North
Plan (DDSP) Infant and Toddlers Day Care Center
Downtown Downey Specific
Creative Beginnings Pre-School
East
Plan (DDSP)
Downtown Downey Specific
Rives Mansion and
West
Plan (DDSP)
Retail Developments
Downtown Downey Specific
South Restaurant Building
Plan (DDSP)
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 2
BACKGROUND
On July 26, 2012, Sergio Vazquez submitted a Land Use Permit Application to request
approval of PLN Case No. 12-00204 (Special Event Permit) to request approval of an
Oktoberfest Celebration on the parking lot of the Downey Brewing Company Restaurant. The
subject property is located at 10924 Paramount Boulevard, which is the northeast corner of
Paramount Boulevard and Third Street, and it extends from Paramount Boulevard to College
Avenue. The property exists within the Paramount Boulevard District of the Downtown
Downey Specific Plan Area.
The Downey Brewing Company property covers 25,640 square feet of land (0.59 acre). It is a
rectangular-shaped lot, developed with the restaurant building at the northerly side of the
property and with automobile parking spaces distributed along the south and east sides of the
site. Driveway entrances along Paramount Boulevard and Third Street provide vehicular
access to and from the subject property.
DISCUSSION
Walter Vasquez, owner of the Downey Brewing Company, submitted a letter dated July 26,
2012, with the Land Use Permit application that described the requested special event. Mr.
Vazquez says the annual Oktoberfest Celebration will take place in the parking lot of the
restaurant. He submitted a plot plan (attached) depicting the layout of the proposed event.
The plan calls for a covered chain-link fence to surround the area designated for the event; the
fenced area will function as a beer garden. German bands will perform traditional German
music on a stage surrounded by tables and chairs. He will provide portable restrooms for his
patrons within the designated area as well. The event will cater to customers 21 years of age
and older.
Mr. Vazquez will address the City’s parking requ irements by maintainin g eleven (11) parking
spaces along the easterly side of the subject site and by encouraging patrons to utilize the
public parking lot three blocks away. He proposes that the Oktoberfest celebration will occur
on Friday, October 12, 2012 from 4:00 pm to 11:00 pm, and on Saturday, October 13, 2012
from noon to 11 pm, followed by one hour to clear patrons from the parking lot area. He
anticipates 600 people will attend the event throughout the span of the two day event.
FINDINGS
Pursuant to the requirements of the Municipal Code, staff recommends that the Planning
Commission make the following findings to approve the request.
1. That the proposed activity or use will be consistent with the objectives, policies,
and general land uses and programs specified in the City’s General Plan.
General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,”
which in part is implemented by Program 8.4.3.2 that states “Support and encourage
community events…” The proposed Special Event Permit is consistent with General
Plan Policy 8.4.3 because it will allow an Oktoberfest Celebration that will involve
German bands performing traditional German music. The Downey Brewing
Company’s Oktoberfest Celebration is an annual event that is open to the entire
community.
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 3
2. That the proposed activity or use is consistent with other provisions of Article IX
of the Downey Municipal Code.
The site of the special event proposed by PLN-12-00204 is located within the DDSP
(Downtown Downey Specific Plan), where special events such as outdoor events and
festivals are permitted, subject to Section 2.4.2 – Temporary Uses and Special Events
of the Downtown Downey Specific Plan. The proposed special event will occur within
the southerly portion of the Downey Brewing Company’s parking lot. The event will
utilize temporary structures only (chain-link fences, a stage, tables and chairs) and
operation of the event will not hinder the movement of traffic or create impacts unto
adjoining properties. The Applicant will meet the City’s parking requirements by
maintaining eleven (11) parking spaces along the easterly side of the subject site and
by encouraging patrons to ut ilize the public park ing lot three blo cks away. Staff has
prepared conditions of approval to address concerns related to noise, light and glare,
and other potential nuisances. Therefore, the special event is consistent with the other
provisions of Article IX of the Municipal Code.
3. That the proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
It is staff’s opinion that approving the PLN-12-00204 (Special Event) will not result in
conditions contrary to the public health, safety and general welfare given that it is a
temporary one day event. Nevertheless, staff has recommended conditions of
approval to prevent such conditions and circumstances that may be contrary to the
public health, safety and welfare from occurring.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence
regarding this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a
resolution approving PLN-12-00204, subject to the conditions of approval as stated in
Exhibit A of the Planning Commission Resolution.
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 4
PARAMOUNT
BLVD.
SUBJECT
PROPERTY
EVENT AREA
COLLEGE
AVENUE
THIRD STREET
A ERIAL PHOTOGRAPH
éçúò÷ù è ìêíì÷ê èã
ZONING MAP
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 5
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN CASE NO. 12-00204 - A REQUEST FOR APPROVAL OF A
SPECIAL EVENT PERMIT TO CONDUCT AN OKTOBERFEST CELEBRATION ON
OCTOBER 12 AND 13, 2012, IN THE PARKING LOT OF THE DOWNEY BREWING
COMPANY RESTAURANT, 10924 PARAMOUNT BOULEVARD, DOWNEY, ZONED
DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. An application was filed by Sergio Vazquez (hereinafter "Applicant") requesting
approval of a special event permit for the operation of a Oktoberfest Celebration
on the parking lot of the Downey Brewing Company Restaurant, 10924
Paramount Boulevard, Downey, California (hereinafter "Subject Site"), and
DDSP (Downtown Downey Specific Plan);
B. On September 6, 2012, notice of the pending public hearing was sent to all
property owners within 500 feet of the subject site and on September 7, 2012
notice of pending public hearing was published in the Downey Patriot ; and,
C. The Planning Commission held a duly noticed public hearing on September 19,
2012, and after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted this Resolution, subject to
conditions of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed devel opment has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15304 (Class 4), Temporary Land Uses.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. That the proposed activity or use will be consistent with the objectives,
policies, and general land uses and programs specified in the City’s
General Plan.
General Plan Policy 8.4.3 states, “Enhance the City’s existing cultural resources,”
which in part is implemented by Program 8.4.3.2 that states “Support and
encourage community events…” The pr oposed Special Event Permit is
consistent with General Plan Policy 8.4.3 because it will allow an Oktoberfest
Celebration that will involve German bands performing traditional German music.
The Downey Brewing Company’s Oktoberfest Celebration is an annual event that
is open to the entire community.
B. That the proposed activity or use will be consistent with other provisions of
this article.
The site of the special event proposed by PLN-12-00204 is located within the
DDSP (Downtown Downey Specific Plan), where special events such as outdoor
events and festivals are permitted, subject to Section 2.4.2 – Temporary Uses
Resolution No.
Downey Planning Commission
and Special Events of the Downtown Downey Specific Plan. The proposed
special event will occur within the southerly portion of the Downey Brewing
Company’s parking lot. The event will utilize temporary structures only (chain-link
fences, a stage, tables and chairs) and operation of the event will not hinder the
movement of traffic or create impacts unto adjoining properties. The Applicant
will meet the City’s parking requirement s by maintaining eleven (11) parking
spaces along the easterly side of the subject site and by encouraging patrons to
utilize the public parking lot three blocks away. Conditions of approval imposed
on this application will address concerns related to noise, light and glare, and
other potential nuisances. Therefore, the special event is consistent with the
other provisions of Article IX of the Municipal Code.
C. That the proposed activity or use will not result in conditions or
circumstances contrary to the public health, safety, and general welfare.
Approving PLN-12-00204 (Special Event) will not result in conditions contrary to
the public health, safety and general welfare given that it is a temporary one day
event. Nevertheless, conditions of approval have been imposed upon the
approval of PLN-12-00204 to prevent such conditions and circumstances that
may be contrary to the public health, safety and welfare from occurring.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN-12-00204
(Special Event), subject to conditions of approval attached hereto as Exhibit A – Conditions,
which are necessary to preserve the health, safety and general welfare of the community and
enable the Planning Commission to make the findings set forth in the previous sections. The
conditions are fair and reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 19 day of September 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
th
Commission of the City of Downey at a regular meeting thereof held on the 19 day of
September 2011, by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 2
Resolution No.
Downey Planning Commission
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 3
Resolution No.
Downey Planning Commission
PLN-12-00204 (SPECIAL EVENT)
EXHIBIT A - CONDITIONS
1) This approval of Special Event Permit No . 12-00204 (Special Event) allows the Applicant
to conduct an Oktoberfest Celebration in the parking lot area of the Downey Brewing
Company, located at 10924 Paramount Boulevard on Friday October 12, 2012 from 4:00
pm to 11:00 pm and Saturday, October 13, 2011, from 12:00 p.m. to 11:00 p.m.
2) All activities shall cease by 11:00 p.m. on Friday October 12 and Saturday, October 15,
2012.
3) There shall be a 11:00 p.m. limit on live music for the event.
4) Approved activities for Special Event Permit (PLN-12-00204) shall consist of:
a) Selling alcoholic beverages;
b) Live music entertainment
5) The event is restricted to adults 21 years of age and older.
6) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
7) Installation of the stage, temporary fences, tables, chairs, portable restrooms and other
accessory items associated with the special event, shall take place no earlier than 7:00
a.m. on Thursday, October 11, 2012.
8) Clean-up activities, which include the removal of bright lights, all tables and chairs, trash
receptacles, stage, electrical equipment, and garbage shall conclude no later than 10:30
p.m. on Sunday, October 14, 2012.
9) If a generator is to be used, it shall be located a minimum of 10 feet from any property
line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from
the nearest property line.
10) All necessary lighting shall face the main event (tents, table and chairs and stage) and
shall be directed away from any residential uses nearby.
11) During the special event, event staff members shall walk around the premises every two
(2) hours to remove trash on the subject site and the adjacent streets.
12) Any necessary Health Department approvals required for the sale of food shall be
obtained prior to the start of the event.
13) The sale of alcoholic beverages shall comply with the requirements of the State Department
of Alcoholic Beverage Control.
14) The consumption of alcohol shall be contained within the designated, enclosed “beer
garden” area designated by the temporary fence.
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 4
Resolution No.
Downey Planning Commission
15) The Applicant shall notify all neighboring property owners within 200 feet of the event, no
later than October 6, 2012.
16) The Applicant shall obtain all required Building Department, Police Department and Fire
Department permits prior to the start of the event.
17) The applicant shall be responsible for providing parking for all attendees. If public
parking will be utilized, the appropriate permit must be obtained and fees paid through
the Downey Public Works Department by no later than October 12, 2012.
18) If the Police Department receives complaints related to the volume of the music, the on-
duty watch commander will make a determination as to whether the music will be
silenced.
19) Approval of this Special Event Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Downey Municipal Code shall apply.
20) The business owner/applicant shall ensure that patrons or event equipment (including
temporary signage) does not block public sidewalks.
21) Amplified sound shall be directed away from adjacent residential properties.
22) Parking areas shall be swept clean after the event; there shall be no hosing down of the
parking area unless it meets the requirements of the National Pollutant Discharge
Elimination System (NPDES) requirements of the Federal Clean Water Act; the General
Construction Activities Stormwater Permit (GCASP) of the State Water Resources
Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC).
23) The owner/applicant must provide three (3) licensed and uniformed security guards on-
site during the duration of the event.
24) The Applicant shall provide sufficient trash receptacles for the disposal of food and other
goods.
25) The Applicant shall comply with all conditions of PLN-12-00204, before this approval
becomes valid.
PLN-12-00204 (Special Event) – 10924 Paramount Boulevard
September 19, 2012 - Page 5