HomeMy WebLinkAbout2. PLN-18-00057 - 11045 Downey AveSTAFF REPORT
PLANNING DIVISION
DATE: MAY 16, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: MONICA ESPARZA, SENIOR PLANNER
SUBJECT: PLN-18-00057 (SPECIAL EVENT) – A REQUEST BY BASTARD’S
CANTEEN TO CONDUCT AN OUTDOOR MEMORIAL DAY EVENT ON
MONDAY, MAY 28, 2018, INCLUSIVE OF A PARTIAL STREET
CLOSURE OF 2ND STREET.
LOCATION: 11045 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
Bastard’s American Canteen (hereinafter referred to as “Applicant”) is requesting the approval
of a Special Event Permit that would allow Bastard’s Canteen to hold their annual Memorial Day
event on Monday, May 28, 2018. Pursuant to Code Section 9420.04(c), special events of a
scale or use that may result in extensive potential, even temporary, impacts to the community,
the City Planner may use his/her discretion and forward the Special Event Permit application to
the Commission for their decision. Based on the analysis contained in this report, staff
recommends that the Planning Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN-18-00057), THEREBY ALLOWING THE
OPERATION OF A MEMORIAL DAY EVENT ON MAY 28, 2018 IN THE PARKING LOT
OF BASTARD’S CANTEEN, INCLUSIVE OF A PARTIAL STREET CLOSURE OF 2ND
STREET ON PROPERTY LOCATED AT 11045 DOWNEY AVENUE AND ZONED
DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
Bastard’s American Canteen is located on the northwest corner of Downey Avenue and 2nd
Street on an 11,888 square-foot lot. This lot also includes the portion of 2nd Street directly
adjacent to Bastard’s American Canteen, as this portion of 2nd Street is privately owned. The
property owner of Porto’s Bakery and Café owns 2nd Street south of the centerline and the
property owner of Bastard’s owns 2nd Street north of the centerline. The site is located within
the Downtown Downey Specific Plan and has a land use designation of Mixed Use. A parking
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lot is located behind the canteen and can accommodate 10 cars. The surrounding uses include
Lock and Key Social Drinkery to the north, Porto’s Bakery & Café to the south, LA Buns to the
west, and a restaurant and rooftop bar to the east.
On April 27, 2018, the Applicant submitted an application to request a special event permit to
hold the annual Memorial Day Event. The notice of the pending public hearing was published in
the Downey Patriot and mailed to all property owners within 500 feet of the subject site on May
3, 2018.
DISCUSSION
Bastard’s Canteen has conducted this Memorial Day event, annually, since 2012. In previous
years, the event has been contained within the parking lot of Bastard’s. However, this year, the
Applicant is requesting to close the portion of 2nd Street directly adjacent to the subject site,
west of Downey Avenue and east of New Street.
The event will take place on Monday, May 28, 2018 from 12:00 p.m. to 10:00 p.m. According to
the Applicant, the event will be free and open to the public. Veteran vendors will be located
along 2nd Street, in what the Applicant is calling “Vendor Village”. This will include the
installation of 16 – 10’x 10’ canopies. These vendors will be selling merchandise from their
specific organization, but they will not be allowed to sell drug paraphernalia, alcohol, or
weapons. The Applicant will provide food and drink sales, alcoholic beverage sales, and live
entertainment. Live entertainment will take place from 12:00 p.m. to 8:00 p.m. on a stage,
located on the westernmost portion of 2nd Street. All noise from the live entertainment must
comply with the Municipal Code, however, staff does not believe noise will be an issue at this
event as the nearest residential structure is over 200 feet away and all the adjacent commercial
businesses will be closed on Memorial Day. A beer garden will be located within the parking lot
and will be covered by 3 – 20’ x 30’ canopies and will be cordoned off by barriers. A 13-foot
beer trailer will be parking in the rear parking lot within the beer garden. All patrons who are of
drinking age will receive a wristband.
The Applicant is requesting to commence the proposed closure of 2nd Street at 12:00 a.m. on
Monday, May 28, 2018, however, staff is recommending that the closure commence at 6:00
a.m. to avoid any interference with Downtown operations and noise throughout the night. The
Applicant has received agreement from the adjacent tenants and property owners, Porto’s
Bakery, Lock and Key, Peking China, and LA Buns, to close down this portion of 2nd street for
this day as these tenants will be closed. Since this is private property, the City Council does not
act on this street closure. The Applicant will be responsible for posting signs to redirect traffic
away from 2nd Street. Additionally, the Fire and Police Departments have reviewed the proposal
and included conditions of approval to mitigate potential safety hazards due to the event and the
street closure.
Parking for this event will be directed towards the public parking structure located on New
Street, south of the movie theatre. Downey Avenue will still be open and available for parking,
as well as the various public parking lots located within Downtown Downey.
Set up for the event will begin on Monday, May 28, 2018 at 6:00 a.m. and take down and clean-
up will be completed by Tuesday, May 29, 2018, by 12:00 a.m. This allows for the adjacent
businesses to resume normal operating hours the following day. Additionally, conditions have
been placed on the event to require that the site be fully cleaned up of all waste prior to
reopening 2nd Street and immediately following the event.
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DEVELOPMENT REVIEW COMMITTEE
This proposal was reviewed by the Development Review Committee on May 3, 2018. The
Police and Fire Departments had concerns regarding emergency exiting and the amount of
people that would attend this event. Conditions have been placed to mitigate these concerns.
CEQA
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined that this request is categorically
exempt from CEQA, pursuant to Guideline Section No. 15304, Class 4 (Minor Alterations to
Land). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and are exempt from the requirements of the CEQA. Class
4 exemptions consist of minor alterations in the condition of land, including approval of
temporary land uses that will have no permanent effect on the environment.
FINDINGS
A. 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.
It is a goal of the General Plan (8.4) to “Enhance Downey’s Cultural Resources.” This
goal is implemented in part by General Plan Program 8.4.3.2, which states “Support and
encourage community events, such as the Downey Street Faire, Holiday Lane Parade,
and ARC walk.” The annual Memorial Day event is a local resource that memorializes
and pays tribute to those in the United States Military who have passed away. It is an
opportunity for the community to gather on a day that is nationally recognized. As such,
the special event is consistent with aforementioned General Plan goal.
B. The proposed activity or use is consistent with other provisions of this Article.
The subject site is located in the Downtown Downey Specific Plan (DDSP), which serves
as the zoning regulation for the area. The development standards of the DDSP are
designed to attract visitors to the downtown, who can then park and walk to their
destination. This special event implements this vision by being a regional draw for
visitors to the downtown. Additionally, there is sufficient parking within walking distance
to accommodate the anticipated attendance.
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
This annual event is temporary and will not result in permanent injury to the public
health, safety, or welfare. Additionally, this event will have security guards and will
comply with all fire and safety codes imposed by the Fire and Police Departments. All
potential impacts have been mitigated within the Conditions of Approval.
CORRESPONDENCE
Staff has not received any correspondence as of the date this report was prepared.
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PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 4
CONCLUSION
Bastard’s American Canteen has been hosting a Memorial Day Event for five years. As the
event generates more interest, so does the requirement to occupy a larger space. The
Applicant has produced a site plan that meets all emergency requirements and proposes to
manage the event to be an event that the entire Downey community can enjoy. As such, Staff
supports the proposal and recommends that the Planning Commission adopt a resolution
approving the Special Event Permit, subject to the conditions of approval as stated in Exhibit “A”
of the Planning Commission Resolution.
EXHIBITS
A. Maps
B. Site Plan
C. Resolution
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Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
Agenda Page 5
PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 6
ZONING MAP
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Exhibit ‘B’ – Site Plan
Agenda Page 7
RESOLUTION NO. 18-
PLN-18-00057 (SPECIAL EVENT) – A REQUEST BY BASTARD’S CANTEEN TO
CONDUCT AN OUTDOOR MEMORIAL DAY EVENT ON MONDAY, MAY 28, 2018,
INCLUSIVE OF A PARTIAL STREET CLOSURE OF 2ND STREET.
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. Bastard’s Canteen filed an application on April 27, 2018 requesting approval of a Special
Event Permit to allow the operation of a Memorial Day event on the property located at
11045 Downey Avenue and zoned DDSP (Downtown Downey Specific Plan); and,
B. On May 3, 2018, notice of the pending public hearing was sent to all Downey 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 May 16, 2018 and after
fully considering all oral and written testimony, facts, and opinions offered at the
aforesaid public hearing adopted this resolution.
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. 15301 (Class 4), Minor Alterations to
Land.
SECTION 3. Having considered all of the oral and written evidence presented to it at said public
hearing, the Planning Commission further finds, determines and declares that:
A. 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.
It is a goal of the General Plan (8.4) to “Enhance Downey’s Cultural Resources.” This
goal is implemented in part by General Plan Program 8.4.3.2, which states “Support and
encourage community events, such as the Downey Street Faire, Holiday Lane Parade,
and ARC walk.” The annual Memorial Day event is a local resource that memorializes
and pays tribute to those in the United States Military who have passed away. It is an
opportunity for the community to gather on a day that is nationally recognized. As such,
the special event is consistent with aforementioned General Plan goal.
B. The proposed activity or use is consistent with other provisions of this Article.
The subject site is located in the Downtown Downey Specific Plan (DDSP), which serves
as the zoning regulation for the area. The development standards of the DDSP are
designed to attract visitors to the downtown, who can then park and walk to their
destination. This special event implements this vision by being a regional draw for
visitors to the downtown. Additionally, there is sufficient parking within walking distance
to accommodate the anticipated attendance.
Agenda Page 8
Resolution No. 18-
Downey Planning Commission
PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 2
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
This annual event is temporary and will not result in permanent injury to the public health,
safety, or welfare. Additionally, this event will have security guards and will comply with
all fire and safety codes imposed by the Fire and Police Departments. All potential
impacts have been mitigated within the Conditions of Approval.
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 the Special Event Permit, subject
to the 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 16th day of May, 2018.
Patrick Owens, Chairman
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 16th day of May,
2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
Resolution No. 18-
Downey Planning Commission
PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 3
CONDITIONS OF APPROVAL
PLN-18-00057 (SPECIAL EVENT PERMIT)
PLANNING
1) This approval of PLN-18-00057 (Special Event Permit) allows Bastard’s American Canteen
to host a Memorial Day Event on Monday, May 28, 2018 from 12:00 p.m. to Tuesday, May
29, 2018 at 12:00 a.m. This also includes a partial street closure of 2nd Street, west of
Downey Avenue and east of New Street, directly adjacent to Bastard’s Canteen.
2) Approved activities for the Memorial Day Event shall consist of:
a) Sixteen (16) 10’ x 10’ vendor tents located on 2nd Street;
b) One (1) 13-foot beer trailer parked within the parking lot of Bastard’s American Canteen;
c) Three (3) 20’ x 30’ tents to cover the beer garden, located within the parking lot of
Bastard’s American Canteen;
d) One (1) stage for live entertainment located on 2nd Street. Live entertainment will
commence at 12:00 p.m. and end at 8:00 p.m.;
e) Food, drink, and alcoholic beverage sales in the parking lot of Bastard’s American
Canteen.
3) 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.
4) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void or
annul the approval of this resolution, to challenge the determination made by City under the
California Environmental Quality Act or to challenge the reasonableness, legality or validity of
any condition attached hereto. City shall promptly notify Applicant of any such claim, action
or proceeding to which City receives notice, and City will cooperate fully with Applicant in the
defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees
that the City may be required to pay as a result of any such claim, action or proceeding. City
may, in its sole discretion, participate in the defense of any such claim, action or proceeding,
but such participation shall not relieve Applicant of the obligations of this condition.
5) No later than May 24, 2018, the applicant shall sign an affidavit of Acceptance of Conditions,
as provided by the City of Downey.
6) Set up for the event in the parking lot shall occur no earlier than Sunday, May 27, 2018 at 12:00
p.m. Clean-up activities, which include the removal of all tables and chairs, booths, trash
receptacles, stage, electrical equipment, and garbage, shall be removed by Tuesday, May 29,
2018 at 12:00 p.m.
7) Closure of 2nd Street shall not commence prior to Monday, May 28, 2018 at 6:00 a.m. and shall
be reopened on Tuesday, May 29, 2018 at 2:00 a.m.
Agenda Page 10
Resolution No. 18-
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PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 4
8) If a generator is to be used, it shall be located a minimum of 25 feet from any property line.
Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the
nearest property line.
9) The Applicant shall ensure that all necessary lighting shall face the main event (booths and
stage). The Applicant shall direct lighting away from Downey Avenue.
10) The Applicant shall obtain any necessary Health Department approvals required for the sale of
food, on or before Thursday, May 24, 2018.
11) The alcohol area shall be contained within a fenced area where patrons may consume alcohol.
12) The Applicant shall obtain all required Building Department, Police Department and Fire
Department permits on or before Thursday, May 24, 2018.
13) The owner/applicant shall utilize signage and volunteers to direct traffic to public parking
areas nearby. Volunteers shall be responsible for cleaning the litter on adjoining streets.
14) All vendors must have a City of Downey business license.
PUBLIC WORKS/ENGINEERING
15) The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event.
16) The Applicant is responsible for providing signage announcing the street closure one week
prior to the event. The placement and design of the signs shall be approved by the
Department of Public Works.
17) The sidewalk to the south of 2nd Street must remain clear at all times to allow pedestrian
access.
18) All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
19) The owner/applicant shall comply with 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).
20) The owner/applicant shall obtain all necessary plan approvals and permits.
BUILDING
21) The owner/applicant shall provide sufficient restroom facilities for patrons.
22) The Applicant shall obtain all required electrical permits from the Downey Building and
Safety Department by Thursday, May 24, 2018.
23) Obtain electrical permits and building permits for the stage on or before Thursday, May 24,
2018.
Agenda Page 11
Resolution No. 18-
Downey Planning Commission
PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 5
24) Submit plans showing the security tents and details for the erection of the stage, on or before
Thursday May 24, 2018.
FIRE
25) All tents, fire protection equipment, cooking equipment, and electrical work must in place and
ready for field inspection by 10:00 am on Monday, May 28th to facilitate a fire-life safety
inspection by the Downey Fire Department. All tents, extinguishers and electrical work must
in place by noon on the Friday before the event to enable an inspection by the Fire
Department and the Building and Safety Division.
26) The applicant shall obtain a tent permit from the Fire Department. Tents and membrane
structures having an area in excess of 400 square feet; or tents open on all sides having a
size of 700 square feet or more; or aggregate area of multiple tents placed side by side
without a fire break clearance of 12 feet and exceeding 700 square feet shall require a
separate tent permit [CA Fire Code 3103.2].
27) Applicant shall ensure a tent permit is obtained no less than seven (7) days prior to the
beginning of the special event. The tent permit application shall provide a detailed site
plan/map indicating additional detail on generator location and size, tent size and layout,
seating/table plan, cooking equipment location / distance from tents, etc.
28) Tents shall comply with CA Fire Code, CA Code of Regulations, and State Fire Marshal for
flame resistance standards of fabric [CA Fire Code § 3104.3; 3104.4; CCR Title 19 Division
1, §315(d); §335(a)].
29) Tents shall be properly anchored [CA Fire Code 3103.9].
30) Generators shall not be refueled hot. Generator shall be properly grounded.
31) Physical barriers (e.g. fences) shall be provided to prevent unwanted access /contact with
generator.
32) Minimum 4BC fire extinguisher shall be provided at generator.
33) Generators shall not be located within 10 feet of lot (property line).
34) No cooking shall be conducted inside tents or canopies [CA Fire Code 3104.15.6].
35) Maintain occupant load in all structures, buildings, tents, canopies as per California Fire
Code. Occupant load shall be posted and clearly visible inside canopy/tents with side walls,
assembly hall area, etc.
36) The Applicant shall provide fire extinguishers on the subject property in accordance with
California Fire Code. Areas where deep frying cooking operations are occurring shall be
provided with a K-class fire extinguisher. Currently serviced (tagged) 2A10BC fire
extinguishers shall be provided and clearly visible at seating area, beer garden tent,
tents/stage area [CA Fire Code 906, CCR Title 19].
37) Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices,
BBQs, combustion engines (e.g. generators) [CA Fire Code 3104.7].
Agenda Page 12
Resolution No. 18-
Downey Planning Commission
PLN-18-00057- 11045 Downey Avenue
May 16, 2018 – Page 6
38) Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all
tents.
39) Tents with occupant load in excess of 50 persons shall have required number of exits and
illuminated exit signs and emergency lighting [CA Fire Code 3103.12.6.1].
40) Crowd managers (clearly identified as such via uniform, vests, shirts, etc.) shall be provided
with duties to maintain egress, assist in evacuation, and maintain fire lanes and site access
[CA Fire Code 403.12.3].
41) Provide additional detail and information on lighting stands. How secured, grounded, etc.
42) Road closure shall not impact or obstruct access to neighboring parking structure, LA Buns,
Epic Lounge – access to within 150-feet of adjoining structures shall be provided.
43) 3-foot minimum clearance shall be provided around all fire hydrants. Tents, stages, etc. shall
not obstruct access to fire protection equipment [CA Fire Code 507.5.4; 507.5.5].
POLICE
44) The Applicant must have six (6) licensed security guards on-site during the duration of the
event.
45) The sale of alcoholic beverages shall comply with the requirements of the State Department of
Alcoholic Beverage Control. The Applicant shall provide a copy of this approval to the Downey
Police Department on or before Thursday, May 24, 2018.
46) Within 48 hours of the approval of the Special Event Permit, the Applicant shall obtain
Downey Police Department approval of a security plan for the event and provide a map of
the security locations.
47) Security officers shall be easily identifiable in brightly colored security shirts. The security
shirts shall not resemble the color of Downey Police officers; the shirts shall not be blue or
black.
48) K-Rail barriers shall be placed along the perimeter of the event, on 2nd Street abutting
Downey Avenue, along the western closure, and along the driveway of the Porto’s parking
structure on 2nd Street.
49) A security guard must be stationed at the beer garden at all times. This security guard will
maintain a head count and check IDs. The consumption of alcoholic beverages is restricted
to the beer garden.
50) A clear line of sight on 2nd Street must be maintained throughout the duration of the event.
END OF CONDITIONS
Agenda Page 13