HomeMy WebLinkAbout2. PLN-20-00028 11045 DowneySTAFF REPORT
PLANNING DIVISION
DATE: MARCH 4, 2020
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY
DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-20-00028 (SPECIAL EVENT) – A REQUEST BY BASTARDS
AMERICAN CANTEEN TO CONDUCT AN OUTDOOR SAINT
PATRICK’S DAY EVENT
LOCATION: 11045 DOWNEY AVENUE
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN
REPORT SUMMARY
Bastards American Canteen (hereinafter referred to as “Applicant”) is requesting the
approval of a Special Event Permit to hold their annual Saint Patrick’s Day event on
Tuesday, March 17, 2020. The event will take place on private property, in the rear parking
lot and adjacent alley located behind the Bastards American Canteen. 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-20-00028), THEREBY ALLOWING THE
OPERATION OF A SAINT PATRICK’S DAY EVENT ON TUESDAY, MARCH 17,
2020, IN THE BASTARDS AMERICAN CANTEEN REAR PARKING LOT AND
ADJACENT ALLEY, LOCATED AT 11045 DOWNEY AVENUE AND ZONED
DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
Bastards 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 a portion of 2nd Street directly
adjacent to Bastards American Canteen, as this portion of 2nd Street is privately owned;
however, no portion of 2nd Street will be closed as a result of this event. The site is located
within the Downtown Downey Specific Plan and has a land use designation of Mixed Use. A
parking lot is located behind Bastards American Canteen and can accommodate 10 cars.
The surrounding uses include Lock and Key Social Drinkery to the north, Porto’s Bakery &
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PLN-20-00028 - 11045 Downey Avenue
March 4, 2020 – Page 2
Café to the south, a multi-tenant commercial building to the west, and a vacant commercial
building across Downey Avenue to the east.
On February 18, 2020, the Applicant submitted an application to request a special event
permit to a Saint Patrick’s Day Event. On February 24, 2020, the application was deemed
complete. A 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 February 20, 2020.
DISCUSSION
As with other special events on their site, the event will be contained within the parking lot of
Bastards American Canteen. The event will take place on Tuesday, March 17, 2020 from
3:00 p.m. to 10:00 p.m. The applicant proposes to make the event free and open to the
public, though limited to persons 21 years of age and older. The event will consist of food
and drink sales, alcoholic beverage sales, and live entertainment. Live entertainment will
take place from 3:00 p.m. to 10:00 p.m. on a 10’ x 10’ stage, beneath a 20’ x 20’ tent,
located at the entrance to Bastards American Canteen parking lot, adjacent to 2nd Street. All
noise from the live entertainment must comply with the Municipal Code; however, the
nearest residential structure is located approximately 300 feet away. A beer garden will be
located within the parking lot and will include a 13-foot beer trailer beneath a 20’ x 20’ tent.
As opposed to previous special events at this location, this event will not include vendors.
The outdoor area will be limited to the stage, the beer garden and trailer, and the food area
beneath two (2) 10’ x 10’ easy-up canopies.
Crowd control barriers will be installed around the perimeter of the event, with the exception
of the entrance along the 2nd Street sidewalk. There will be two exits, one off 2nd Street
adjacent to the Bastards American Canteen restaurant, and a second emergency exit at the
alley towards the rear of the Epic Lounge. Security at the main entrance will check for
identification and issue wrist bands to assure attendee are 21 years of age and over. In
addition, any person purchasing beer will be required to show their wristband and also show
identification.
The applicant will provide six (6) licensed and bonded security guards. A condition of
approval has been added that requires that security guards be easily identifiable in brightly
colored security shirts and not resemble the color of Downey Police officers; blue or black
shirts are not permitted. Based on the duration and size of the event, the Police Department
requires two (2) Downey Police Officers from 5:00 p.m. to 10:00 p.m.
Parking for this event will be directed towards the public parking structure located on New
Street, south of the movie theatre. Downey Avenue and 2nd Street will remain 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 Tuesday, March 17, 2020 at 6:00 a.m. and take down and
clean-up will be completed by Wednesday, March 18, 2020, 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
trash and debris immediately following the event. The Fire and Police Departments have
reviewed the proposal and included conditions of approval to mitigate potential safety
hazards due to the event.
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PLN-20-00028 - 11045 Downey Avenue
March 4, 2020 – Page 3
DEVELOPMENT REVIEW COMMITTEE
Comments were provided by the Development Review Committee. The Police, Public
Works, Fire, and Building Departments provided the same standard conditions of approval
as required for similar special events.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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
CEQA. Specifically, the proposed event will 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 proposed Saint Patrick’s Day event is an
opportunity for the community to gather on a cultural holiday. 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.
The proposed event is temporary and will not result in conditions or circumstances
contrary 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. Potential foreseeable impacts have been mitigated within
the Conditions of Approval.
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PLN-20-00028 - 11045 Downey Avenue
March 4, 2020 – Page 4
CORRESPONDENCE
Staff has not received any correspondence as of the date this report was prepared.
CONCLUSION
Bastards American Canteen has been hosting a variety of special events for several years.
The Applicant has produced a site plan that meets all emergency requirements. 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.Resolution
C.Site Plan
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PLN-20-00028 - 11045 Downey Avenue
March 4, 2020 – Page 5
Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
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PLN-20-00028 - 11045 Downey Avenue
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ZONING MAP
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RESOLUTION NO. _________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN-20-00028), THEREBY ALLOWING THE
OPERATION OF A SAINT PATRICK’S DAY EVENT ON TUESDAY, MARCH 17, 2020, IN
THE BASTARDS AMERICAN CANTEEN REAR PARKING LOT AND ADJACENT ALLEY,
LOCATED AT 11045 DOWNEY AVENUE AND ZONED DOWNTOWN DOWNEY SPECIFIC
PLAN
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. Bastards American Canteen filed an application on February 18, 2020 requesting
approval of a Special Event Permit to allow the operation of a Saint Patrick’s Day event
on the property located at 11045 Downey Avenue and zoned Downtown Downey Specific
Plan; and,
B. On February 20, 2020, 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 March 4, 2020 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 event 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), Minor Alterations to Land.
Specifically, the proposed event will consist of minor alterations in the condition of land, including
approval of temporary land uses that will have no permanent effect on the environment.
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
proposed Saint Patrick’s Day event is an opportunity for the community to gather on a
cultural holiday. 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
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Resolution No. 20-____
Downey Planning Commission
PLN-20-00028 – 11045 Downey Avenue
March 4, 2020 – Page 2
downtown. Additionally, there is sufficient parking within walking distance to
accommodate the anticipated attendance.
C. The proposed event is temporary and will not result in conditions or circumstances
contrary 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. Potential foreseeable 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 (PLN-20-
00028), 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 4th day of March, 2020.
Miguel Duarte, Chairman
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 4th day of March,
2020, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
Planning Commission
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Resolution No. 20-____
Downey Planning Commission
PLN-20-00028 – 11045 Downey Avenue
March 4, 2020 – Page 3
CONDITIONS OF APPROVAL
SPECIAL EVENT PERMIT (PLN-20-00028)
PLANNING
1) This approval of Special Event Permit (PLN-20-00028) allows Bastards American Canteen
to host a Saint Patrick’s Day Event on Tuesday, March 17, 2020 from 3:00 p.m. to 10:00
p.m.
2) The Saint Patrick’s Day Event shall consist of:
a) Two (2) easy-up canopies for food sales;
b) One (1) 13-foot beer trailer;
c) One (1) stage for live entertainment. Live entertainment will commence at 3:00 p.m.
and end at 10:00 p.m.;
d) Two 20’ x 20’ tents over the 10’ x 10’ stage and beer trailer;
e) Outdoor games.
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 Monday, March 9th, 2020, the applicant shall sign an affidavit of Acceptance
of Conditions, as provided by the City of Downey.
6) All permits must be obtained by specified dates. Failure to obtain any permit by the
specified dates will result in the cancellation of the event and deem this approval as
voided.
7) Set up for the event in the parking lot shall occur no earlier than Tuesday, March 17, 2020 at
6:00 a.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 Wednesday, March
18, 2020 at 12:00 a.m.
8) The generator 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.
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Resolution No. 20-____
Downey Planning Commission
PLN-20-00028 – 11045 Downey Avenue
March 4, 2020 – Page 4
9) 2nd Street must remain open to vehicular and pedestrian access throughout the duration of
the event.
10) The sale of drug paraphernalia or weapons shall be prohibited.
11) 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.
12) The Applicant shall obtain any necessary Los Angeles County of Public Health approvals
required for the sale of food, on or before 4:00 p.m., March 9th, 2020.
13) The alcohol area shall be contained within a fenced area where patrons may consume alcohol.
14) The Applicant shall obtain all required Building Department, Police Department and Fire
Department permits on or before 4:00 p.m., March 9th, 2020.
15) 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.
16) All vendors must have a City of Downey business license.
17) This event shall be limited to those persons 21 years of age and older.
PUBLIC WORKS/ENGINEERING
18) The facility shall provide sufficient trash and recycling receptacles for the disposal of food
and debris at the event.
19) All parking areas shall be swept clean after the event; there shall be no hosing down of the
parking areas.
20) 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).
21) The owner/applicant shall obtain all necessary plan approvals and permits.
BUILDING
22) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
23) All projects including food service shall be checked and approved by the County Health
Department as part of the building department plan review process.
24) Temporary structures that cover an area greater than 120 square feet and used for the
gathering of 10 or more persons require permits. The construction documents shall include
a site plan indicating the location of the temporary structure and information delineating the
means of egress and the occupant load. The temporary structure shall be located in
accordance with the requirements of California Building Code Table 602 based on the fire-
resistance rating of the exterior walls proposed type of construction (10 feet minimum from
property line based on Type VB).
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Resolution No. 20-____
Downey Planning Commission
PLN-20-00028 – 11045 Downey Avenue
March 4, 2020 – Page 5
25) Temporary structures or facility shall meet the requirements of Chapter 11B of the
California Building Code. Site plan shall include a site accessibility plan identifying exterior
routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb
ramps, handrails, signage and truncated domes. Path of travel shall be provided from the
public right of way and accessible parking to building or facility. The design professional
shall ensure that the site accessibility plan is compliance with the latest Federal and State
regulations.
FIRE
26) All tents, fire protection equipment, cooking equipment, and electrical work (e.g. generator)
shall be in place and ready for field inspection by 12:00 pm Tuesday, March 17th, 2020 to
facilitate a fire-life safety inspection by the Downey Fire Department.
27) The applicant shall obtain a special event permit from City of Downey Fire Department.
Permit shall be obtained through the Fire Prevention Bureau no later Monday, March 9th,
2020. If inspection is conducted after hours (or on the weekend/holiday) an additional
inspection fee (4 hour minimum) shall be applied as per city fee schedule.
28) The applicant shall obtain a tent permit from the Fire Department no later than March, 9th,
2020. 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]. 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.
29) 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)]
30) Cooking operations are prohibited inside tents or canopies [CA Fire Code 3104.15.6].
31) Tents shall be properly anchored [CA Fire Code 3103.9].
32) Approved cable bridges shall be provided for electrical cables where subject to physical
damage [CA Fire Code 605.5].
33) Physical barriers (e.g. fences) shall be provided to prevent unwanted access/contact with
generator.
34) A minimum 4BC fire extinguisher shall be provided at the generator.
35) The applicant shall 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. 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].
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Resolution No. 20-____
Downey Planning Commission
PLN-20-00028 – 11045 Downey Avenue
March 4, 2020 – Page 6
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].
38) Smoking is not permitted in any tent/canopy. No smoking signs shall be conspicuously
posted in all tents.
39) 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].
40) A three (3) foot minimum clearance shall be provided around all fire hydrants. Tents,
stages, generator etc. shall not obstruct access to fire protection equipment [CA Fire Code
507.5.4; 507.5.5].
41) Event shall not obstruct or impede egress from any neighboring occupancy, business,
and/or building.
POLICE
42) The Applicant shall provide six (6) licensed and bonded security guards on-site for the
duration of the event.
43) The Applicant shall contract with the City of Downey Police Department for two (2) Downey
Police Officers from 5:00 p.m. to 10:00 p.m.
44) 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 Monday, March 9th, 2020.
45) On or before Monday, March 9th, 2020, the Applicant shall obtain Downey Police
Department approval of a security plan for the event and provide a map of the security
locations.
46) 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.
47) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or City
Official for purposes of verifying compliance with any of the Conditions of Approval of this
approval, as well as with any Police Permit and approved Security Plan.
48) A security guard shall be stationed at the main entrance for the duration of the event to
verify IDs and a head count.
END OF CONDITIONS
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March 4, 2020 – Page 7
Exhibit ‘C’ – Site Plan
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