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CRYSTAL LANDAVAZO, INTERIM DIRECTOR OF COMMUNIT
DEVELOPMENT V
GUILLERMO ARREOLA, PRINCIPAL PLANNER
PLN-22-00048 (SPECIAL EVENT) - A REQUEST BY BASTARD'S
AMERICAN CANTEEN TO CONDUCT AN OUTDOOR MEMORIAL DAY
EVENT ON MONDAY, MAY 30,2022, INCLUSIVE OF A PRIVATE
STREET CLOSURE OF 2 ND STREET.
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Bastards American Canteen (hereinafter referred to as "Applicant") is requesting the approval of
a Special Event Permit that would allow Bastards American Canteen to hold their annual
Memorial Day event on Monday, May 30, 2022. Pursuant to Code Section 9420.04(c), special
events involving over five hundred (500) people shall require approval from the Planning
Commission. Based on the analysis contained in this report, staff recommends that the Planning
Commission adopt the following resolution:
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 Bastards American Canteen, as this portion of 2nd Street is privately owned. The
property owner of Porto's Bakery and Caf6 owns 2nd Street south of the centerline and the
property owner of Bastards American Canteen 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 lot is located behind the restaurant. The surrounding uses include Lock and Key
Social Drinkery to the north, Porto's Bakery & Cafe to the south, L.A. Buns to the west, and Ola
Restaurant to the east.
On April 25, 2022, the Applicant submitted an application to request a special event permit to
hold their 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 5, 2022.
DISCUSSION
Bastard's Canteen has conducted this Memorial Day event, annually, since 2012. In previous
years, the event was located entirely within the parking lot of the Bastard's property. However,
the previous two events have included a private street closure in conjunction with this event.
The Applicant is again requesting to close 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 30, 2022 from 12:00 p.m. to 10:00 p.m. According to
the Applicant, the event will be free and open to the public. The event will include up to 15
vendors, each under an individual 10' x 10' canopy, and located on 2nd street adjacent to the
stage. One of the two proposed beer trailers will be located beneath a 20' x 20' canopy within
the west side of the alley, adjacent to the Epic Lounge building. The other beer trailer will be
located within the restaurant's parking lot with no canopy.
Vendors will be selling merchandise from their specific organization, but they will not be allowed
to sell drug paraphernalia, alcohol, or weapons. Live entertainment will take place from 1:00
p.m. to 8:00 p.m. on a stage, centrally located along the south side of 2nd Street, between New
Avenue and Downey Avenue. All noise associated with this event must comply with the
Municipal Code, however, the nearest residential structure is over 300 feet away and all the
adjacent commercial businesses will be closed on Memorial Day. The Applicant will provide
food and drink sales, alcoholic beverage sales, and live entertainment. A beer garden located
on the subject property's parking lot will be separated from the rest of the event by crowd control
barriers. The entrance to the beer garden will be staffed by a security guard, who will be
checking for identification, as the beer garden is limited to patrons 21 years of age and over. All
patrons who are of drinking age will receive a colored wristband. A total of 10 licensed and
bonded security guards will be stationed throughout the event. The event will include perimeter
crowd control barriers, and ten portable restroom facilities, of which three (3) will be ADA
compliant.
Set up for the event in the parking lot area will begin on Sunday, May 291" at 12:00 p.m. Closure
of 2nd Street will begin on Monday, May 301" at 6:00 a.m. while take down and clean-up after the
event will be completed by 12:00 a.m., Tuesday, May 31st. This allows for the adjacent
businesses to resume normal operating hours the following day. Conditions have been placed
on the event to require the site be fully cleaned up of all waste prior to reopening 2nd Street
immediately following the event.
The Applicant has received written approval from adjacent tenants and property owners, to
close down this portion of 2nd street for this day. 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.
PLN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 2
Parking for this event will be directed towards the public parking structure located on New
Street, south of the movie theatre. Downey Avenue will remain open and available for parking,
as well as the various public parking lots located within Downtown Downey.
DEVELOPMENT REVIEW COMMITTEE
This proposal was reviewed by the Development Review Committee. The Police Department
had concerns regarding the amount of people that would attend this event, security, and the
service of alcoholic beverages. Due to some unruly behavior at previous Memorial Day events,
the Police Department is requiring that two (2) City of Downey Police Officers be posted at the
event from 5:00 pm until the end of the event. The proposed Resolution includes conditions of
approval to mitigate potential safety hazards due to the event and the private street closure.
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.
PLN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 3
PC Agenda Page 3
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.
CONCLUSION
Bastard's American Canteen has been hosting a Memorial Day Event for five years. The event
has generated more interest in the community, and so does the need to occupy a larger space,
which is reflected in the closure of 2nd Street. The Applicant has produced a site plan that
meets all emergency requirements and proposes to manage the event in a manner 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
PLN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 4
Exhibit `A' — Maps
AERIAL PHOTOGRAPH
PLN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 5
ZONING MAP
PLN-22-00048 - 11045 Downey Avenue
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Exhibit `B' — Site Plan
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PLN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 7
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMIOSSION OF THE CITY OF DOWNEY
APPROVING SPECIAL EVENT (PLN-22-00048) (SPECIAL EVENT) — A REQUEST BY
BASTARD'S AMERICAN CANTEEN TO CONDUCT AN OUTDOOR MEMORIAL DAY
EVENT ON MONDAY, MAY 30, 2022, INCLUSIVE OF A PRIVATE 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 American Canteen filed an application on April 25, 2022 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 5, 2022, 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 18, 2022 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
Resolution No.
Downey Planning Commission
dOvvDtUvvD. /\ddUUODGUy. UleF8 is sufficient parking within walking distance to
accommodate the anticipated attendance.
C. The proposed activity oruse will not result inconditions orcircumstances contrary 0othe
public health, safety, and general welfare. This annual event iatemporary and will not
result in permanent injury to the public h8G|Ul' S@fgtv' or welfare. /\ddiUODG||y, 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 ofApproval.
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 Ofthe community and enable the Planning
Commission tOmake the findings set forth inthe previous sections. The conditions are fair and
reasonable for the accomplishment ofthese purposes.
SECTUON5' The Secretary shall certify the adoption ofthis Resolution.
PASSED, APPROVED AND ADOPTED this 181h day of May, 2022.
Patrick Owens, Chairman
City Planning Commission
| 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 18 th day of May,
2022, by the following vote, to wit:
AYES:
COK8K4|8G|C)NERG:
NOES:
CC)MK4|G8|C)NERG:
ABSENT:
C[]K4M|S8|C)NERG:
ABSTAIN:
C[]K4M|S8|C)NERG:
Mary Cavanagh, Secretary
City Planning Commission
P1w-2nonn4e-11n4nDowney Avenue
Resolution No.
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN-22-00048
(SPECIAL EVENT PERMIT)
PLANNING
1) This approval of PLN-22-00048 (Special Event Permit) allows Bastard's American Canteen
to host a Memorial Day Event on Monday, May 30, 2022 from 12:00 p.m. to 10:00 p.m. This
also includes a private 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) Fifteen (15) 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) One (1) 20' x 20' tent over the beer trailer, located within the parking lot of Bastard's
American Canteen. Food, drink, and alcoholic beverage sales in the parking lot of
Bastard's American Canteen;
d) One (1) 20' x 20' stage for live entertainment. Live entertainment will commence at 12:00
p.m. and end at 8:00 p.m.;
e) Ten (10) portable restrooms, of which three are ADA compliant;
f) Crowd control fencing will be installed around the event, including separating the beer
garden from the rest of the event;
g) Ten (10) licensed and bonded security guards;
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 the Applicant of the obligations of this condition.
5) The applicant shall sign an affidavit of Acceptance of Conditions no later than Wednesday,
May 25, 2022, as provided by the City of Downey.
6) Set up for the event in the parking lot shall occur no earlier than Sunday, May 29, 2022 at 12:00
p.m. in the parking lot area. 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 31, 2022 at 12:00 a.m.
PLN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 3
PC Agenda Page 10
Resolution No.
Downey Planning Commission
7) Closure of 2nd Street shall not commence prior to Monday, May 30, 2022 at 6:00 a.m. and shall
be reopened by Tuesday, May 31, 2022 at 12:00 a.m.
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 sale of drug paraphernalia or weapons is prohibited.
10) 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.
11) The Applicant shall obtain any necessary Health Department approvals required for the sale of
food, on or before Thursday, May 26, 2022. The applicant shall provide proof of such approvals
to the City Planner by the same day.
12) The alcohol area shall be contained within a fenced area where patrons may consume alcohol.
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 by Thursday, May 26, 2022.
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 shall provide the necessary Changeable Message Sign (CMS) notifying the
public of the road closure on 2nd Street at least one week prior to the event. Two CMS signs
shall be placed on northbound and southbound Downey Avenue. The placement and design
of the signs shall be approved by the Department of Public Works by Friday, May 20, 2022.
17) The sidewalk to the south of 2nd Street must remain clear at all times to allow pedestrian
access.
18) The private street and 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 by Friday, May
27, 2022.
BUILDING
21) All construction shall comply with the most recent adopted City and State building codes:
• 2019 California Building Code
PAN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 4
PC Agenda Page 11
Resolution No.
Downey Planning CODlDliSSiOD
w 3O19California Residential Code
* 2O1SCalifornia Electrical Code
* 2O1SCalifornia Mechanical Code
m 2018Ca|ifornia Plumbing Code
w 2019Ca|ifornia Fire Code
° 2U19California Green Code
22)The Title Sheet ofthe plans shall include:
° Occupancy Group
° OoouponiLoad
° Description ofuse
° Type ofConstruction
° Height ofBuilding
° Floor area OfbUi|ding(S)and/or occupancy gnOup(S)
23)All projects inC|udingfO0dSSnviD8OrPub|iCpOO|S8nd/OrSp8SSh@Ub8CheCh8d8nd
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 or used for the
gathering of 10 or more persons require permits. The construction documents shall include a
site plan indicating the |OC8UOn 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 OnType VB).
25) Temporary structures or facility shall meet the requirements of Chapter 11 B of the California
Building Code. Site plan Sh8|| include 8 Site accessibility plan identifying exterior routes Of
travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps,
handrails, Sign8g9and truncated domes. Path Oftravel shall b8provided 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
20)All tents, fire protection equip00Dt. cooking equipment, and electrical work (8.g. g8D8cGtO[)
must iDplace and ready for field inspection by1O:O0G0OOMonday, May 30m ,2022 to
facilitate o fire -life safety inspection by the Downey Fire Department.
27) The applicant shall obtain a special event permit from the City of Downey Fire Department.
Permit shall be obtained through the Fire Prevention Bureau no later than Friday, May 20th,
2022. If inspection is conducted after hours (or on the weekend/holiday) and additional
inspection fee (4-hour minimum) shall be applied as per City of Downey fee schedule.
28\Theapplicant shall obtain atent 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
P1m-2nonn4o'11n45Downey Avenue
PC Agenda Page 12
Resolution No.
Downey Planning Commission
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]. Applicant shall ensure a tent permit is obtained
by no later than Friday, May 17th. 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) Generator shall be properly grounded as per NFPA 70 and the Electrical Code.
31) Approved cable bridges shall be provided for electrical cables where subject to physical
damage [CA Fire Code 605.5].
32) Physical barriers (e.g. fences) shall be provided to prevent unwanted access /contact with
generator.
33) Generator shall not be located within ten (10) feet of a lot property line.
34) The applicant shall maintain occupant load in all structures, buildings, tents, canopies as per
the California Fire Code. Occupant load shall be posted and clearly visible inside
canopy/tents with side walls, assembly hall areas, etc.
35) 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 areas, beer garden tent, tents/stage area [CA Fire
Code 906, CCR Title 19].
36) 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].
37) Smoking is not permitted in any tent. "No Smoking" signs shall be conspicuously posted in all
tents.
38) 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].
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) The applicant shall provide an updated site map which clearly identifies location of additional
"emergency" pedestrian egress (exiting) on the east and west side of the event along 2nd
Street.
41) The applicant shall clarify if lighting stands will be utilized. The applicant shall provide
additional detail and information on lightings, including, but not limited to, how they are
secured, grounded, protected from physical contact, etc.
PAN-22-00048 - 11045 Downey Avenue
May 18, 2022 — Page 6
PC Agenda Page 13
Resolution No.
Downey Planning Commission
42) The applicant shall provide a 3-foot minimum clearance around all fire hydrants. Tents,
stages, generator, etc., shall not obstruct access to fire protection equipment [CA Fire Code
507.5.5].
43) The event shall not obstruct or impede egress from any neighboring occupancy, business,
and/or building.
POLICE
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 Thursday, May 26, 2022.
45) On or before Monday, May 23rd, 2022, the Applicant shall obtain Downey Police Department
approval of a security plan for the event and provide a map of the security locations. The
security plan shall include the services of two (2) City of Downey Police Officers (at
applicant's expense) patrolling the event from 5:00 p.m. until 10:00 p.m., or until the end of
the event, whichever is later.
46) The Applicant shall provide ten (10) licensed and bonded security guards on -site for the
duration of the event.
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) A security guard must be stationed at the entrance of 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 located within the rear parking lot of Bastard's
American Canteen restaurant. No one under the age of 21 is allowed within the beer garden.
49) Crowd control 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.
50) 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 permit, as
well as with any Police Permit and approved security plan.
51) A clear line of sight on 2nd Street must be maintained throughout the duration of the event.
END OF CONDITIONS
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May 18, 2022 — Page 7
PC Agenda Page 14