HomeMy WebLinkAboutPC Resolution 16-3010RESOLUTION NO. 16-3010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
REVOKING CONDITIONAL USE PERMIT PLN -12-00215 AND PLN -13-00054, WHICH
ALLOW A BUSINESS TO OPERATE WITH AN ALCOHOLIC BEVERAGE CONTROL
TYPE 48 (ON -SALE GENERAL - PUBLIC PREMISES) LICENSE, PURSUANT TO
SECTION 9828 OF THE DOWNEY MUNICIPAL CODE, FOR PROPERTY LOCATED AT
8832 IMPERIAL HIGHWAY AND 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 October 3, 2012, the Planning Commission adopted Resolution No. 12-2792,
thereby approving PLN -12-00215, regarding a request by Luis Gomez (hereinafter
"owner"), to allow the Wet Bar to operate with a Type 48 (On -Sale General, Public
Premises) alcohol license, on property located 8832 Imperial Highway, and zoned
C-2 (General Commercial);and
B. On April 3, 2013, the Planning Commission approved PLN -13-00054 (Revision 'A'
to PLN -12-00215), which allowed the business to expand into the adjacent tenant
space and grow from 1,815 square feet of floor area to 3,110 square feet of floor
with a larger bar area and additional seating area for its customers; and
C. During the latter months of 2013 and the first few months of 2014, unpermitted live
entertainment became part of the Wet Bar business, resulting in criminal activities
and constant battles with law enforcement officials regarding issues such as
alcohol, disturbance, or assault -related calls for service inside and in the parking lot
area of the Wet Bar, narcotics violations, fights, thefts, and public drunkenness;
and
D. The owners of the Wet Bar sought to resolve the issue of unpermitted live
entertainment by obtaining the Planning Commission's approval of PLN -14-00071
(Revision 'B' to Conditional Use Permit PLN -12-0021 to include live entertainment
at the business in the form of disc jockeys, customer dancing, live bands/mariachi,
comedians, and karaoke; however, upon receiving testimony from staff that
addressed Downey Police Department calls for service and numerous statements
from adjacent residents who spoke in opposition to the Wet Bar proposal due to
noise created by loud music and disorderly Wet Bar patrons during a public hearing
held initially on May 7, 2014, and continued to May 21, 2014, the Planning
Commission denied the request for live entertainment at the Wet Bar; and
E. City Staff received confirmation that the Wet Bar has been closed for business
since March 2015; and
F. Staff determined that the numerous complaints and criminal incidents associated
with the Wet Bar, as well as the fact that it has been closed for more than one year
are reasonable grounds to revoke the conditional use permit, pursuant to Section
9828 of the Downey Municipal Code, and
Resolution No. 16-3010
Downey Planning Commission
G. On November 25, 2016, 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
H. The Planning Commission held a duly noticed public hearing on December 7, 2016,
and, after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 16-3010, revoking
Conditional Use Permit PLN -12-00215 and PLN -13-00054.
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. 15321 (Class 21, Existing Facilities).
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the
Planning Commission of the City of Downey hereby revokes Conditional Use Permit PLN -12-
00215 and PLN -13-00054.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of December 2016.
Ma ias Flores, Chairman
City 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 7th day of
December, 2016, by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores, Rodriguez, Morales and Lujan
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Owens
ABSTAIN
COMMISSIONERS:
None
Mary Cavanagh, Secreta
City Planning Commission
PLN 16-00254 (Revoke CUP) — 6632 Imperial Hwy
December 7, 2016 — Page 2