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HomeMy WebLinkAboutResolution No. 14-7514 - Denying An Appeal of Planning Commission's Denial of CUP No. PLN-14-00071 (Revision 'B' To PLN-12-00215) & thereby Not Allowing Live Entertainment at the Wet Bar Business, Which Operates with an Alcoholic Beverage Control Type 48RESOLUTION NO. 14-7514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A CONDITIONAL USE PERMIT, PLN-14-00071 (REVISION 'B’ TO PLN-12-O0215), 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 CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that 1 On October 3, 2012, 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) even though the provisions of the conditional use permit do not include those activities. During the period covering May 2013 to March 2, 2014, the Downey Police Department received 21 alcohol, disturbance, or assault-related calls for service inside and in the parking lot area of the Wet Bar. Eighteen of those calls involved narcotics violations, fights, thefts, and public drunkenness. 3 On March 4, 2014, the Downey Police Department and Planning staff met with the Applicant and advised him that he requires Planning Commission approval of a modification to the existing conditional use permit, to conduct live entertainment on the subject site 4 On March 14, 2014, and on April 20, 2014, Downey Police conducted compliance checks at the Wet Bar and discovered that the bar was offering live entertainment featuring a Mariachi band, a disc jockey and patrons dancing on their first visit, and that loud music recordings being played and patrons dancing at the second visit 5 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) 6 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. RESOLUTION NO. 14-7514 PAGE 2 7 The Planning Commission held a duly noticed public hearing on May 7, 2014, which the Commission continued to May 21, 2014, and, after fully considering all oral and written testimony, facts, and opinions offered at aforesaid public hearings, adopted Resolution No. 14-2880, denying PLN-14-00071 8. 9 in a ietter dated June 19, 2014, the Applicant filed a timeiy appeai of the Planning Commission’s approval, along with a filing fee, requesting that the City Council overturn the Planning Commission’s action. The City Council opened a duly noticed public hearing on August 20, 2014, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing denied the appeal, thereby upholding the Planning Commission’s action SECTION 2. The City Council 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 hearing, the City Council further finds, determines and declares that 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 RESOLUTION NO. 14-7514 PAGE 3 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 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 RESOLUTION NO. 14-7514 PAGE 4 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 ser„’ice 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 entertainment 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 1 1 :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 RESOLUTION NO. 14-7514 PAGE 5 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 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 through 3 of this Resolution, the City Council of the City of Downey hereby denies the appeal, thereby upholding the Planning Commission's approval of PLN-12-00201 (Minor Modification). RESOLUTION NO. 14-7514 PAGE 6 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 26th day of August ATTEST: FiRmHrommE7wiii hu\ ADRIA M. JIMENEZ, C City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular Meeting held on the 26th day of August, 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Brossmer, Guerra, Saab, Marquez, Mayor Vasquez Council Members: None Council Members: None Council Members: None City Clerk