HomeMy WebLinkAbout3. PLN-14-00071 (8832 Imperial)
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: MAY 7, 2014
TO: PLANNING COMMISSION
FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-14-00071 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW LIVE
ENTERTAINMENT ACTIVITIES AT THE WET BAR BUSINESS, WHICH
OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 48 LICENSE
LOCATION: 8832 IMPERIAL HIGHWAY (AIN 6263-001-012)
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-14-00071) is a request from the Wet Bar
business to modify the previously approved conditional use permit (PLN-12-00215) to allow live
entertainment activities at the bar. The Wet Bar is located within a 3,110 square foot tenant
space in a retail center. Based on the analysis contained within this report, staff feels that all
required findings to approve the conditional use permit can be made in a positive manner; as
such, staff recommends the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT NO. PLN-14-00071
(REVISION ‘B’ TO PLN-12-00215), THEREBY ALLOWING LIVE
ENTERTAINMENT AT THE WET BAR BUSINESS, WHICH OPERATES WITH
AN ALCOHOLIC BEVERAGE CONTROL TYPE 48 (ON-SALE GENERAL,
PUBLIC PREMISES) LICENSE, ON PROPERTY LOCATED AT 8832 IMPERIAL
HIGHWAY , ZONED C-2 (GENERAL COMMERCIAL).
BACKGROUND
The subject site is a 68,000 square foot parcel that is located behind the southwest corner of
Imperial Highway and Lakewood Boulevard. The site is developed with three (3) freestanding
buildings, which include retail, restaurant, and personal improvement uses. Customer parking is
on the north side of the site along Imperial Highway and between buildings. The subject site is
zoned C-2 with a General Plan Land Use Designation of “General Commercial”.
The surrounding land uses include commercial uses to the north of the site (across Imperial
Hwy), a gasoline service station across Lakewood Blvd to the east, retail uses to the west of the
project site, and multiple-family residential to the south.
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 - Page 2
Over the years, the Downey Planning Commission has granted the following applications for the
Wet Bar:
• On October 3, 2012, the Planning Commission approved Conditional Use Permit No.
PLN-12-00215, to allow a casual bar to operate with an Alcoholic Beverage Control Type
48 (On-Sale General, Public Premises) license within a 1,815 square foot tenant space.
• On April 3, 2013, the Planning Commission approved a modification to PLN-12-00215
(Revision ‘A’), to allow a casual bar to expand into an adjacent tenant space, thus
providing a larger bar area and additional seating area for customers within a 3,110
square foot tenant space.
On March 25, 2014, Mr. Luis Gomez, the Wet Bar owner, submitted a Land Use Permit Application
for PLN-14-00071 (Revision ‘B’ to Conditional Use Permit PLN-12-00215) to request live
entertainment at the business in the form of disc jockeys, dancing, live bands/mariachi, comedian,
and karaoke. In addition, the applicant requests to charge customers cover fees for admission to
special events and to cater food for his patrons from a restaurant on the same property. After a
careful review of the proposal, staff deemed the application complete on April 14, 2014. On April
23, 2014, notice of the pending public hearing was sent to all property owners within 500’ of the
subject site and the notice was published in the Downey Patriot.
DISCUSSION/ANALYSIS
The 3,110 square foot bar currently operates with a Department of Alcoholic Beverage Control
(ABC) Type 48 (On-Sale General, Public Premises) license. According to Mr. Gomez, the
requested modification of a conditional use permit to allow live entertainment will help increase its
sales revenues significantly.
With the Type 48 license, the Wet Bar can only
operate as a bar or night club and not as a
restaurant. Under the Type 48 license, food
service is not required, but this does not prohibit
the Wet Bar from catering food from a nearby
restaurant by using a To-go menu. Accordingly,
customers at the Wet Bar will be allowed to order
food at a restaurant on the same premises and
have it delivered to the Wet Bar. There will be no
cooking, heating or washing of dishes at the
subject bar.
After carefully reviewing the request with the Downey Police Department, staff feels that any
potential problems could be mitigated and that the City is willing to support the request for live
entertainment in conjunction with the operation of a Type-48 license, subject to conditions of
approval. This recommendation of approval is consistent with other establishments in the City to
have live entertainment.
Staff also obtained a copy of the police reports for the subject business. According to the reports
between May 2013 and March 2014, the Downey Police Department received 21 calls for service
at the subject business. Most of these calls were for assault, disturbance and theft. Reports
indicated that disturbance calls ranged from physical attack to drinking alcohol and being loud in
the parking lot. In addition, officers conducted compliance inspections at the subject bar on March
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 - Page 3
14, 2014, and April 20, 2014. On both occasions, officers found the bar to be in violation of
conducting live entertainment activities without the approval of a conditional use permit.
It is staff’s opinion that since the Wet Bar is located
within 100 feet of nearby residential properties, there
is a great potential for noise generated from the bar
and the impacts of that noise upon the adjoining
businesses and residences is a major concern. To
mitigate potential noise impacts and to avoid future
problems, staff has recommended 34 conditions of
approval (see Exhibit ‘A’ of Resolution) from various
City Departments for the bar. One of the conditions
requires that both exit doors at the rear of the
establishment must remain closed during business
hours (12 noon and 2:00 a.m.). This will lessen any potential noise generated from the bar. Another
condition requires extra security guards stationed throughout the bar and in the parking lot. Staff
suggests that one security guard be posted at the dancing area, one at the west side of the bar,
and at least one at the front doors to the business.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use 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. 15301 (Class 1, Existing
Facilities). 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
CEQA. Class 1 consists of projects that involve no or negligible expansion of the existing use.
It is staff’s opinion the proposed live entertainment is occurring within an existing tenant space;
thereby staff feels that this request qualifies for this exemption.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior
to the Planning Commission approving PLN-14-00071. A discussion of the findings follows:
A. The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The requested conditional use permit to allow disc jockeys, dancing, live bands/mariachi,
comedian, and karaoke at an existing bar that operates with a Type 48 (On-sale General,
Public Premises) alcohol license will not adversely affect the purpose and intent of this
chapter or the City’s General Plan or the public convenience or general welfare of persons
residing or working in the neighborhood because the site is developed as a commercial use
and serves the immediate neighborhood already. The subject property is zoned C-2
(General Commercial) with a General Plan Land Use Designation of “General
Commercial”. The City of Downey previously approved a conditional use permit (PLN-12-
00215) for a casual bar; however, approval of PLN-14-00071 will help the business to
generate sales revenues significantly.
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 - Page 4
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The proposed live entertainment activities at the Wet Bar business will not adversely
affect the adjoining land uses because the Planning Commission approved conditions of
approval for this use (PLN-12-00215) on October 3, 2012, and April 3, 2013, and those
conditions will be in effect for the proposed live entertainment activities. The conditions
of approval for the requested conditional use permit will lessen impacts relating to noise
and loitering.
C. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area.
The subject site is a 68,000 square foot shopping center. Improvements on the site
include three buildings with mostly in-line retail, restaurant and personal improvement
uses and approximately 95 parking spaces. The size and shape of the subject property
is sufficient to accommodate the proposed live entertainment activities at the bar in a
manner not detrimental to the area, since the proposed use does not include further
expansion of the existing building.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The subject site is bounded by and accessible from Lakewood Boulevard (a major arterial)
and Imperial Highway (a major arterial). It is staff’s opinion that the use will generate a
minimal amount of daily vehicle trips and the adjoining arterial roadways have sufficient
capacity to absorb this negligible increase. Thus, traffic generated by the proposed live
entertainment activities during the late afternoon and evening hours will not impose an
undue burden upon the streets and highways in the area.
CORRESPONDENCE
As of the date that this report was printed, staff received a phone call from a resident expressing
his concern regarding this matter.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that allowing live
entertainment at the subject site can provide a benefit to those who live and work in the area,
without creating significant adverse impacts to the area, provided that all conditions of approval
are adhered to. Furthermore, as noted above, staff believes that all four findings required to
approve a Conditional Use Permit can be made in a positive manner. As such, staff is
recommending that the Planning Commission approve the Conditional Use Permit (PLN-14-
00071, Revision ‘B’ to PLN-12-00215), subject to the recommended conditions of approval.
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 - Page 5
Exhibits
Location Map
Aerial Photograph
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 - Page 6
500’ Radius Map
Zoning Map
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT NO. PLN-14-00071 (REVISION ‘B’ TO PLN-
12-00215), THEREBY ALLOWING LIVE ENTERTAINMENT AT THE WET BAR
BUSINESS, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 48
(ON-SALE GENERAL, PUBLIC PREMISES) LICENSE, ON PROPERTY LOCATED AT
8832 IMPERIAL HIGHWAY, ZONED C-2 (GENERAL COMMERCIAL).
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. On March 25, 2014, Mr. Luis Gomez (hereinafter "applicant") filed a Land Use Permit
Application requesting Planning Commission approval of PLN-14-00071 (Revision
‘B’ to Conditional Use Permit No. PLN-12-00215), to allow disc jockeys, dancing, live
bands/mariachi, and karaoke at the Wet Bar business, on property located 8832
Imperial Highway, and zoned C-2 (General Commercial); and
B. On April 23, 2014, notice of the pending public hearing was sent to all property
owners within 500’ 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 7, 2014, and,
after fully considering all oral and written testimony and facts and opinions offered at
aforesaid public hearings, adopted Resolution No. 14-____, 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. 15301 (Class 1, Existing Facilities).
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:
1. That the requested conditional use permit will not adversely affect the purpose
and intent of this chapter or the City’s General Plan or the public convenience
or general welfare of persons residing or working in the neighborhood thereof.
The requested conditional use permit to allow disc jockeys, dancing, live
bands/mariachi, comedian, and karaoke at an existing bar that operates with a Type
48 (On-sale General, Public Premises) alcohol license will not adversely affect the
purpose and intent of this chapter or the City’s General Plan or the public
convenience or general welfare of persons residing or working in the neighborhood
because the site is developed as a commercial use and serves the immediate
neighborhood already. The subject property is zoned C-2 (General Commercial)
with a General Plan Land Use Designation of “General Commercial”. The City of
Downey previously approved a conditional use permit (PLN-12-00215) for a casual
bar; however, approval of PLN-14-00071 will help the business to generate sales
revenues significantly.
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 – Page 2
2. That the requested use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
The proposed live entertainment activities at the Wet Bar business will not adversely
affect the adjoining land uses because the Planning Commission approved
conditions of approval for this use (PLN-12-00215) on October 3, 2012, and April 3,
2013, and those conditions will be in effect for the proposed live entertainment
activities. The conditions of approval for the requested conditional use permit will
lessen impacts relating to noise and loitering.
3. That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to the
particular area. The subject site is a 68,000 square foot shopping center.
Improvements on the site include three buildings with mostly in-line retail, restaurant
and personal improvement uses and approximately 95 parking spaces. The size and
shape of the subject property is sufficient to accommodate the proposed live
entertainment activities at the bar in a manner not detrimental to the area, since the
proposed use does not include further expansion of the existing building.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area. The subject site is bounded by
and accessible from Lakewood Boulevard (a major arterial) and Imperial Highway (a
major arterial). It is staff’s opinion that the use will generate a minimal amount of daily
vehicle trips and the adjoining arterial roadways have sufficient capacity to absorb this
negligible increase. Thus, traffic generated by the proposed live entertainment
activities during the late afternoon and evening hours will not impose an undue
burden upon the streets and highways in the area.
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-14-00071 (Conditional Use
Permit), subject to conditions of approval attached hereto as Exhibit A, 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 7th day of May, 2014.
Robert Kiefer, Chairman
City Planning Commission
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 – Page 3
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 7th day of
May, 2014, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 – Page 4
PLN-14-00071
(REVISION ‘B’ TO PLN-12-00215)
EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-14-00071 (Conditional Use Permit), allows a casual bar (The Wet Bar),
which is currently approved to operate with an Alcoholic Beverage Control Type 48 (On-Sale
General, Public Premises) license, to include disc jockeys, dancing, live bands/ mariachi,
comedian, and karaoke, on property located at 8832 Imperial Highway, Downey. Go-go
dancers will not be permitted at any times.
2) Live entertainment area (disc jockeys, dancing, live bands/mariachi, comedian, and karaoke)
shall only be located within the southeast portion of the bar. Customer dancing shall only be
permitted on the designated dance floor area (Attachment ‘A’ – site plan and floor plan).
3) The approval of PLN-14-00071 allows the Wet Bar to charge customers cover fees for
admission to special events.
4) The owner/applicant and licensee shall ensure that outside food catered to the subject bar
must comply with and strictly adhere to all conditions of any permit issued by the Los
Angeles County Health Department and any applicable regulations from California State
Department of Alcoholic Beverage Control (“ABC”).
5) At no time shall the Wet Bar operate as a banquet facility for private parties. Should private
events utilize a portion of the facility, the bar shall remain open for the general public.
6) The owner/applicant and licensee shall not conduct valet parking on the subject site without
the approval of a conditional use permit from the Planning Commission.
7) The approval of PLN-14-00071 allows the Wet Bar to operate seven (7) days a week,
between 12 noon and 2:00 a.m. the next morning. The sales of alcoholic beverages shall
cease at 1:00 a.m.
8) The owner/applicant shall ensure that the southerly (rear) doors remain closed during all
hours of operation, except to allow employee ingress/egress and in case of emergency.
9) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq.
In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-related
problems are received and verified by the Planning Division, the owner/applicant is required
to conduct a noise study by a licensed acoustical engineer to show that the site complies
with City’s noise standards.
10) All promotions of the business shall be conducted under direct control of the business
owner/licensee. There shall be no outside promoters of live entertainment or night club
activity at any time.
11) The owner/applicant shall not permit any loitering on the subject site.
12) Customers shall not be within the business after the specified closing time.
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 – Page 5
13) Approval of this Conditional Use 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.
14) 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.
15) The Owner/Applicant shall comply with all conditions of PLN-12-00215 and PLN-13-00054
(Conditional Use Permit) before this Conditional Use Permit No. PLN-14-00071 becomes
valid.
16) 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.
FIRE
17) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
POLICE
18) Prior to occupying the building, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
19) The owner/applicant and licensee shall provide a minimum of four (4) licensed and bonded,
uniformed patrolmen or security guards at such times as determined by, and in consultation
with, the Chief of Police. The number of security guards may be increased or decreased as
the Chief of Police determines is necessary. A security plan shall be submitted to the
Downey Police Department for review and approval. Said security plan shall indicate
location of security guards monitoring various areas of the establishment (i.e. parking lot,
entrance, dance area, V.I.P. section).
20) The owner/applicant and licensee shall immediately report to the Police Department if any
patron appears to be involved in illegal activity inside the subject bar or outside on the
parking lot (i.e. smoking marijuana, using illegal substance or intoxicated patrons).
21) Payment for beverage services shall be made only after such services have been provided
to the patrons by the business.
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 7, 2014 – Page 6
22) A copy of this conditional use permit and any Police permit shall be prominently posted on
the premises at all times. The applicant shall make available said copies upon request by
any Police Officer or other City official charged with the enforcement of the City’s laws,
ordinances, or regulations.
23) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn
backwards. Also, the dress code shall prohibit sandals and/or tank tops after 8:00 p.m.
24) The owner/applicant and licensee shall post signs at all entrances to the premises and
business identifying a zero-tolerance policy for nuisance behavior at the premises (including
the parking lot).
25) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of
any permit issued by the California State Department of Alcoholic Beverage Control (“ABC”)
to the applicant and any applicable regulations of ABC.
26) The sale of all alcoholic beverages for consumption off the premises is prohibited.
27) The Licensee shall be responsible for monitoring the bar area to prevent anyone under the
age of 21 from consuming alcohol. The licensee shall also be responsible in preventing
anyone from furnishing alcohol to any person under the age of 21.
28) The Licensee shall be responsible for monitoring the bar area to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
29) There shall be no unpermitted signage or advertising of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
30) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or any
property adjacent to the licensed premises.
31) The owner/applicant and licensee shall provide the parking lots of the premises with lighting
of sufficient power to illuminate and make easily discernible the appearance and conduct of
all persons on or about the parking lot.
32) Lighting in the parking areas of the premises shall be directed, positioned, and shielded in
such a manner so as not to unreasonably illuminate the window area of nearby residences.
33) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty-four (24) hours.
34) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
Attachment: ‘A’ – Site Plan and Floor Plan
CITY OF DOWNEY PLANNING DIVISION
NORTH EXHIBIT ‘A’
PROJECT No.
PROJECT LOCATION
SITE PLAN & FLOOR PLAN
PLN-14-00071 (CUP)
8832 IMPERIAL HWY
Subject Business