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Home My WebLink AboutPC Reso 11-2729RESOLUTION NO. 11-2729 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN CASE NO. 11-00209 - A REQUEST FOR APPROVAL OF A SPECIAL EVENT PERMIT TO CONDUCT AN OKTOBERFEST CELEBRATION ON OCTOBER 15, 2011, ON 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 9, 2011, notice of the pending public hearing was sent to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, C. The Planning Commission held a duly noticed public hearing on September 21, 2011, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 11-2729, subject to conditions of approval (Exhibit A). SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development 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 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. 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 -11-00209 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. 11-2729 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 requirements by maintaining twelve (12) 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 -11-00209 (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 -11-00209 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 -11-00209 (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. PASSED, APPROVED AND ADOPTED this 21St day of September 2011. Robert Kiefer, Chairmmaa ii City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 21St day of September 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Garcia, Morales ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: Murray, Kiefer Theresa Donahue, Secretary City Planning Commission PLN -11-00209 (Special Event) —10924 Paramount Boulevard September 21, 2011 - Page 2 Resolution No. 11-2729 Downey Planning Commission PLN -11-00209 (SPECIAL EVENT) EXHIBIT A - CONDITIONS 1) This approval of Special Event Permit No. 11-209 (Special Event) allows the Applicant to conduct an Oktoberfest Celebration on the parking lot area of the Downey Brewing Company, located at 10924 Paramount Boulevard on Saturday, October 15, 2011, from 5:00 p.m. to 11:00 p.m. 2) All activities shall cease by 11:00 p.m. on Saturday, October 15, 2011. 3) There shall be a 10:30 p.m. limit on live music for the event. 4) Approved activities for Special Event Permit (PLN -11-00209) 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 13, 2011 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 16, 2011. 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 (booths 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. 15) The Applicant shall notify all neighboring property owners within 200 feet of the event, no later than October 8, 2011. PLN -11-00209 (Special Event) —10924 Paramount Boulevard September 21, 2011 - Page 3 Resolution No. 11-2729 Downey Planning Commission 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 14, 2011. 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 Activitiess-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 -11-00209, before this approval becomes valid. H:\Community Development\Planning Commission\Resolutions\201 1\1 1-2729.doc PLN -11-00209 (Special Event) —10924 Paramount Boulevard September 21, 2011 - Page 4