Business RECEIVED city ofsouth Gate Item No. 8 MAY 4 CITY COUNCiL OFF&OFThCNE]flDA I]ILL 10 For the Regular meeting ofmay 22, 2018 Originating Department: Communi Develo me Department Head:,9.s2. City Manager: Michael Flad // / SUBJECT: LIVE ENTERTAINMENT PERMIT- BUSINESS OWNED PERMIT FOR A NEW PROPOSED RESTAURANT (BUENA MESA) LOCATED AT 5861 FIRESTONE BLVD PURPOSE: To consider a Live Entertainment Permit Owned Permit requested by a new proposed restaurant (Buena Mesa) located at 5861 Firestone Boulevard. Sections 2.10.540 and 2.10.510 of the South Gate Municipal Code require that all live entertainment permits be approved by the City Council. RECOMMENDED ACTION: Following the conclusion of a public hearing, deny the request to provide live entertainment at the Buena Mesa restaurant at 5861 Firestone Boulevard. NOTICING PROCEDURES: A public hearing notice was duly published in The Los Angeles Wave, a newspaper of general circulation, on May 10, 2018. Notices were mailed to owners of properties and all addresses located within 500 feet of the business. FISCAL IMPACT: None ANALYSIS: Mr. Ralph Verdugo, owner of a new proposed restaurant called Buena Mesa, has submitted a permit request to have live entertainment consisting of amplified trio, mariachi, bands (banda), disk jockeys (DJs), performers and karaoke for a new proposed restaurant, Buena Mesa, located at 5861 Firestone Blvd. The business measures approximately 2,500 square feet (including the outdoor patio areas). Prior to the current business, Matiki Island BBQ, there were two previous restaurants and a car stereo business from 1992-20 12. The restaurant has an existing Conditional Use Permit (CUP No. 809) for a full service restaurant with a Type 47 (beer, wine and distilled spirits) on-sale general alcohol license. The proposed restaurant will have 72 indoor seats and 82 outdoor seats. Per the zoning ordinance, the proposed restaurant requires 21 parking spaces. The center includes a total of 706 parking spaces and, although this does not meet current parking requirements, the property is considered legal non-confonning in regard to parking. Buena Mesa will serve a mix of Mexican and Asian fusion food and is proposing to operate Sunday to Monday from 11 :OOam-2:OOam. Buena Mesa is expected to open by Fall 2018 and is anticipating to have approximately 50 employees. 1
Proposed Live Entertainment The applicant is proposing the following schedule for live entertainment inside and outside (the patio area) of the restaurant: Monday: 11:00am to 2:00am Tuesday: 11:00am to 2:00am Wednesday: 11:00am to 2:00am Thursday: 11:00am to 2:00am Friday: 11:00am to 2:00am Saturday: 11:00am to 2:00am Sunday: 11:00am to 2:00am The live entertainment would include the following: amplified trio, mariachi, bands (banda), disk jockey (DJs), live performers (e.g salsa dancers) and karaoke. The existing CUP (No. 809) was approved with a condition from the Police Department to prohibit dancing, live bands, or entertainment inside or outside on the patio with the exception of special events which are subject to Business License approval including the temporary use of live entertainment. It was also approved with a condition requiring that any music played on the patio not be able to be heard in excess of 50 feet from the perimeter of the property. At its May 15, 2018 meeting, Planning Commission will consider an amendment to the CUP to allow live entertainment, with the approval of City Council through a Live Entertainment permit. The property is on a major commercial corridor (Firestone Boulevard and Garfield Avenue) and is surrounded by commercial and industrial uses. Commercial businesses are located to the south (Crossroads Shopping Center), Rio Hondo Channel/Industrial to the east, and commercial to the north and west. Land Use Compatibility Evaluation The El Paseo Shopping Center is one ofthe first major shopping centers in South Gate and is located off the 1-7 10 at the intersection of Firestone Boulevard and Garfield Avenue. More recently it has attracted a Wendy s restaurant (being remodeled at a former Burger King restaurant site) and 85 Degree s Bakery. Other current uses include small businesses, such as a donut-shop, eyebrow threading, Chinese food, Mexican sea-food, nail salon, family dentist, medical clinic, and insurance offices. Larger retailers include Denny s, Warehouse Shoe Sale, Sam s Club, and a Dollar Tree. Two restaurants, Marisco s El Compa (Type-41) and Denny s (Type-47), both have active alcohol licenses. With the exception of Denny s, which is open 24-hours and Subway, which closes at 12am, the majority of the businesses in the center close between 7:00pm and 9:00pm. El Paseo was developed and has operated as a traditional retail shopping center, designed to accommodate general retail and service uses. This includes sit-down, family style restaurants. The center is not designed to accommodate late night entertainment venues such as the use being proposed by the applicant. 2
Police Department Evaluation The South Gate Police Department conducted a review of previous establishments operated by the applicant. Based on the results of this analysis, the Police Department recommends that the live entertainment permit application be denied. This recommendation is based upon the high volume of public safety related incidents associated with those businesses. The applicant was provided the opportunity to discuss this review with the Police Department prior to this public hearing. ATTACHMENTS: A. Public Hearing Notice B. Location Map 3
PUBLIC NOTICE CITY OF SOUTH GATE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of South Gate will hold a public hearing for Conditional Use Permit Amendment No. ito amend language in Resolution No. 20 12-17 for a restaurant located at 5861 Firestone Boulevard DATE OF HEARING: Tuesday, May 22, 2018 TIME OF HEARING: 6:30 pm LOCATION OF HEARING: City Hall Council Chamber, City of South Gate 8650 California Avenue South Gate, California PROJECT LOCATION: Citywide PROJECT DESCRIPTION: Request to revise language to Condition No.19 and Condition No. 20 from Resolution No. 20 12-17 to provide the applicant an opportunity to apply for a Live Entertainment permit. ENVIRONMENTAL REVIEW: Passage of the proposed zone text amendment would be deemed to be a Project under the California Environmental Quality Act, pursuant to Section 15378 of the State CEQA Guidelines codified at 14 CCR 13578. However, that project has also been deemed Categorically Exempt under Section 15061 (b)(3) of the State CEQA Guidelines codified at 14 CCR 15061, which states A project is exempt from CEQA if: [... the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA]. INVITATION TO BE heard: All interested persons are invited to the public hearing to be heard in favor of or in opposition to the proposed ordinance or to provide comments. In addition, written comments may be submitted to the Community Development Department prior to the hearing. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in this Notice, or in written correspondence delivered to the City of South Gate prior to or at the public hearing. Those desiring a copy of the staff report or further information related to this project should contact Contact: Jessica Jimenez, Assistant Planner Phone: 323-563-9514 E-mail: jjimenez@sogate.org Mailing Address: Community Development Department City of South Gate 8650 California Avenue South Gate, CA 90280-3075 ESPAfOL InformaciOn en Español acerca de esta junta puede ser obtenida liamando al 323-563-9514 Published: May 10, 2018 LI
Location and Aerial Map 5861 Firestone Blvd 5861 Firestone Blvd 1777 I