HomeMy WebLinkAboutPC Resolution 14-2880 RESOLUTION NO. 14-2880
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING CONDITIONAL USE PERMIT NO. PLN-14-00071
(REVISION `B' TO PLN-12-00215), AND THEREBY NOT 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:
1. On October 3, 2014, the Planning Commission approved PLN-12-00215
(conditional use permit) to allow a casual bar, without live entertainment, and the
operation of a Type 48 Alcohol Beverage Control license (On-Sale general -
Public Premises), on property located at 8832 Imperial Highway, Downey.
2. During the latter months of 2013 and the first few months of 2014, the
Applicant/business owner (Luis Gomez) offered live entertainment at the
business (The Wet Bar). The Downey Police Department and Planning staff
advised the Applicant that he requires Planning Commission approval of a
modification to the existing conditional use permit, to conduct live entertainment
on the subject site.
3. 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, customer dancing, live bands/mariachi, and karaoke at "The Wet Bar",
on property located 8832 Imperial Highway, and zoned C-2 (General
Commercial).
4. 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.
5. 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, including additional rebuttal testimony by the
Applicant, continued the public hearing to a date certain, May 21, 2014.
6. On May 21, 2014, the Planning Commission re-opened the continued public
hearing, and after fully considering additional oral and written testimony and facts
and opinions offered at the aforesaid public hearing, including rebuttal testimony
by the Applicant, adopted Resolution No. 14-2880, denying PLN-14-00071.
Resolution No. 14-2880
Page 2
SECTION 2. 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:
1. That the requested conditional use permit will 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. PLN-14-00071 (Revision "B" to PLN-12-00215) is a
request to revise the conditions of approval to allow live entertainment at The
Wet Bar. The Applicant's desire to incorporate disc jockeys, customer dancing.
live bands/mariachi, and karaoke will adversely affect the purpose and intent of
the Zoning Code, the City's General Plan, the public convenience and the
general welfare of persons residing or working nearby.
Intent and Purpose of the Zoning Code. The Wet Bar is located in the
Commercial Zone. The intent and purpose of the Commercial Zone regulations
are to provide appropriately located areas consistent with the Downey General
Plan for a full range of office, retail commercial, and service commercial uses
needed by residents of, and visitors to, the City and region, while minimizing the
impact of commercial development on adjacent residential districts (Section
9314.02 of the Downey Municipal Code). The zoning regulations are deemed
necessary to encourage the most appropriate use of land; to conserve and
stabilize the value of property; to provide adequate open spaces for light and air;
to lessen congestion on streets; and to protect and promote the health, safety,
and the general welfare, all in accordance with the comprehensive General Plan
of the City (Section 9104 of the Downey Municipal Code..
The proposed conditional use permit revision will adversely affect the intent and
purpose of the Zoning Code because the requested live entertainment activities
for The Wet Bar and the residential developments nearby are incompatible land
uses. The location of the requested use is approximately thirty-six feet (36') from
single family residences that lie alongside the subject property to the south facing
the rear of The Wet Bar. The close proximity of the residences to the subject
property and the live entertainment activities associated with the requested
conditional use permit revision, exposes those residents to loud noise (loud DJ
music and percussive music played loudly by large bands and late at night, loud
talking and laughing by patrons outside the business and in the parking area),
which cannot be reasonably mitigated; and crime (drunken customers, assaults
on the subject property, and drug activity as reported by the Downey Police
Department).
General Plan. Based on the testimony and evidence submitted to the
Planning Commission, that the requested live entertainment activities for The
Wet Bar exposes residents living in close proximity to noise and crime, which will
adversely impact the intent and purpose of the General Plan as well. The
Downey General Plan, Vision 2025, established specific goals, programs and
policies to address noise and crime issues. With respect to noise objectives, the
PLN-14-00071
10825 Lakewood Blvd.
June 4,2014-Page 2
Resolution No. 14-2880
Page 3
General Plan provides the following goals, policies, and programs: Goal 6.1 -
Protect persons from exposure to excessive noise; Policy 6.1.1- Minimize noise
`., impacts onto noise-sensitive uses; Program 6.1.1.1- Enforce Noise standards;
Program 6.3 - Minimize noise impacts on noise-sensitive land uses; Policy 6.3.1 -
Minimize the amount of noise generated by land uses; and Program 6.3.1.5 -
Discourage loading doors, windows, and other openings on buildings from facing
residential and other noise-sensitive land uses. With respect to crime objectives
and the preservation of property values, the General Plan established the
following goal and program: Goal 5.4 - Promote the protection of life and property
from criminal activities; Program 5.4.1.1 - Keep crime rates and property loss
rates at the lowest levels feasible. Most importantly, the General Plan also seeks
to minimize the impact of commercial development on adjacent residential
districts through the following policy and program: Policy 1.3 - Minimize or
eliminate conflicts where incompatible land uses are in proximity to each other;
and Program 1.3.1.1 - Discourage the establishment of incompatible land uses in
proximity. Consequently, the proposed live entertainment activities at The Wet
Bar will contravene the goals, programs, and policies of the General Plan.
Public Convenience or Welfare of Persons Residing or Working in the
Neighborhood Thereof. More than fifteen residents spoke in opposition to PLN-
14-00071 during the public hearing on May 7, 2014. The Planning Commission
received additional testimonies from residents who complained during the public
hearing on May 21, 2014. The residents conveyed how the live entertainment
offered at the Wet Bar from the end of 2013 and to the first few months of 2014,
and the conduct of The Wet Bar customers during that time affected their
convenience and personal welfare. Most of the adjacent residents complained
about noise caused by:
• Loud music played at The Wet Bar
• The Wet Bar's patrons exiting the bar, shouting, fighting and talking very
loudly near the abutting residential properties
• Cars screeching in the parking lot
All these factors ultimately make it very difficult for the adjacent residents to sleep
because their second- story bedrooms face The Wet Bar and no sound barriers
exist to protect them from noise.
Neighbors who reside on the residential properties abutting the south property
line of the subject property also complained of The Wet Bar patrons who avoid
the valet parking service by parking cars on the street in front of their homes
(Lakewood Boulevard, which is a private driveway, not a public street. Those
patrons also make noise and beer bottles and trash behind.
Residents on the opposite side of Imperial Highway, north of the subject property
described their opposition to The Wet Bar proposal for the following reasons:
• Crime has increased since The Wet Bar began to operate with live
Orr entertainment
PLN-14-00071
10825 Lakewood Blvd.
June 4,2014-Page 3
Resolution No. 14-2880
Page 4
• People gather in the parking lot that abuts their residential properties, cause
noise disturbances and leave trash.
• Some of the residents stated that they can hear The Wet Bar music from their
property.
Opposing comments expressed during the May 21, 2014, public hearing area
summarized as follows:
• The type of music played (Banda, mariachis) involves lots of percussion
sounds and is associated with several musicians in a band
• The Wet Bar plays music loudly at night and on Sundays
• Ambient noise levels exceed 65 dba already
• The use creates too much noise, making it difficult for nearby residents to
sleep
• Residents fear lower property values due to The Wet Bar activities; other
undesirable businesses in the area (bars or restaurants with live music)
contribute to lower property values of residential properties in the vicinity as
well.
• Night club adjacent to single-family residential represents incompatible land
uses
• Other bars exist in the area
• Fears for family safety
In addition to the comments expressed by residents who opposed the request for
live entertainment at The Wet Bar, Lieutenant Leslie Murray of the Downey
Police Department provided a summary of the calls for service at The Wet Bar.
Her review covered a ten-month period from May 2013 to March of 2014.
Downey Police Department responded to 21 calls for service at The Wet Bar
relating to regarding narcotics, noise and fights. Eighteen of the calls occurred
between the hours of 11:30 p.m. and 3:00 am.
2. That the requested use will adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
The PLN-14-00071 request to allow live entertainment at The Wet Bar will
adversely affect the adjoining residential land uses to the south of the site,
particularly those residences that are located 36 feet from The Wet Bar. When
The Wet Bar operated live entertainment at its site prior to Application, the
following adverse impacts to the residential land uses resulted: noise impacts
due to loud music from live performers and disc jockeys, boisterous patrons
outside the business, and automobiles; lowered property values due to the
proximity of incompatible land uses; and increased crime associated with
drunken customers, assaults, drug use, and the type of violence associated with
bars. These adverse impacts cannot be reasonably mitigated. With live
entertainment, more customers twill frequent The Wet Bar, which will result in
increased calls for service to the Downey Police Department regarding drunken
customers, noise, and assaults outside the establishment. These criminal
activities do not compliment the surrounding residential area and contribute to
escalating fears for family safety.
PLN-14-00071
10825 Lakewood Blvd.
June 4,2014-Page 4
Resolution No. 14-2880
Page 5
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 comprised of retail, restaurant
and personal improvement uses. Approximately 95 parking spaces exist on the
subject property. However, when the Wet Bar operated live entertainment prior to
this Application, along with a valet service The Wet Bar implemented temporarily,
customers preferred to park their cars on a private residential street nearby,
Lakewood Boulevard, which is south of The Wet Bar, and on other commercial
developments in the vicinity. As a result, vehicle parking created adverse impacts
to the nearby residences, particularly those who live on Lakewood south of the
Wet Bar and persons who live on Meadow, which is in the neighborhood north of
Imperial Highway. The Wet Bar patrons park their cars illegally on Lakewood
Boulevard, the private driveway that serves the residents of the homes directly
behind the subject property. After leaving the Wet Bar, these individuals create
noise by speaking loudly and by starting their cars late at night. They also leave
beer bottles and trash on the street and front lawns of these residents. The
Meadow residents complained that The Wet Bar customers gather in the parking
lot that abuts their residential properties after hours, cause noise disturbances,
and leave trash on that property.
4. That the traffic generated by the proposed use will 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 he adjoining arterial roadways
have sufficient capacity to absorb these increased traffic the requested live
entertainment will generate; however, many of The Wet Bar's customers prefer to
park their cars on a private residential street nearby, which imposes an undue
burden upon the residents of that street.
SECTION 3. Based upon the findings set forth in Sections 1, 2 and 3 of this Resolution,
the Planning Commission of the City of Downey hereby denies PLN-14-00071.
SECTION 4. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2014.
Robert Kiefer, Chairman
City Planning Commission
`..
PLN-14-00071
10825 Lakewood Blvd.
June 4,2014-Page 5
Resolution No. 14-2880
Page 6
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
June 2014, by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Flores and Rodriguez
NOES: COMMISSIONERS: Lujan
ABSENT: COMMISSIONERS: Morales
gA/,,
Mary Ca anagh, Secretary:
City Planning Commission
H:\Community Development\Davis\cases\cup\PLN-14-00071 (Wet Bar) 5-21-14\Reso to Deny.doc
PLN-14-00071
10825 Lakewood Blvd.
June 4,2014-Page 6