llID CityofDowney AGENDA MEMO
IIHIll!!I
APPROVED BY
CITY MANAGER
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE :MARCH 12, 2024
SUBJECT: OPTIONS FOR REGULATING EATING ESTABLISHMENTS SERVING
ALCOHOL AND PROVIDING LIVE ENTERTAINMENT LOCATED WITHIN
THE DOWNTOWN DOWNEY SPECIFIC PLAN AREA AND THE DOWNEY
LANDING SPECIFIC PLAN AREA
EXECUTIVE SUMMARY
Due to recent concerns voiced by City Council, staff is providing potential options for regulating eating establishments serving alcohol and providing live entertainment when located within the Downtown Downey Specific Plan (DDSP) and the Downey Landing Specific Plan (DLSP) area. The intent of this report is to introduce the topic for discussion and staff is seeking the City Council’s direction on which option(s) to research further and bring back for further discussion.
RECOMMENDATION
That the City Council
Discuss options to regulate eating establishments serving alcohol and providing live entertainment in the Downtown Downey Specific Plan and Downey Landing Specific Plan area and provide direction to staff on which option(s) to research further and bring back for consideration.
BACKGROUND
A high volume of police calls for service has been concentrated at eating establishments serving alcohol in the DDSP area, some of which provide live entertainment to their patrons. The DLSP has similar eating establishments serving alcohol but with fewer establishments providing live entertainment. The DLSP calls for service are less in volume when compared to its counterpart, the DDSP. Both Specific Plans do not require Conditional Use Permits (CUP) for eating establishments serving alcohol for on-site consumption. While the City does require a CUP in commercial corridors throughout the
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City, the adoption of the DDSP and DLSP relinquished that authority within those specific plan areas. The Downtown area currently permits eating establishments to serve alcohol for on-site consumption of beer & wine (Type 41) and beer, wine, and distilled spirits (Type 47) by-right with licensing approval by the Alcoholic Beverage Control. Other alcohol license types do require a CUP. However, a CUP is always required for a live entertainment use. This means, unless a request is made for live entertainment, eating establishments serving alcohol in the DDSP and DLSP are not subject to a public hearing or site-specific conditions of approval to serve alcohol. In the remainder of the City, zoning regulations do require a CUP for establishments serving alcohol The DDSP was created to guide the development of 131 acres in downtown Downey.
The 131-acre area, including street rights-of-way, is generally located in the central portion of the community and is bounded on the north by various street segments that stretch from Paramount Boulevard to Brookshire Avenue and include sections of 4th. 5th, and 7th Streets. The DDSP addresses the planning and development of the 131-acre downtown area, the area's permitted and conditionally permitted uses, and urban design standards and guidelines. The DDSP was adopted on September 28, 2010 by the City Council
The DLSP was adopted in 2011, and facilitates the development and uses within a 154- acre area. The area is bounded by Lakewood Boulevard , Stewart & Gray Road, Bellflower Boulevard, Imperial Highway and Columbia Way. The site was previously known as the NASA Industrial Plant. The DLSP addresses the planning and development of the 154- acre area, the area's permitted and conditionally permitted uses, and urban design standards and guidelines
Both of the specific plans currently allow eating establishments with alcohol service “by- right” meaning that the public hearing before a Planning Commission and site-specific conditions of approval are not required, such as a security plan or operational standards, that consider impacts to surrounding uses
The DDSP, at the time of adoption, included mechanisms to provide flexibility for land uses, such as not requiring a CUP for eating establishments serving alcohol, so as to attract businesses to locate in the specific plan areas. However, the DDSP does require a CUP for Live Entertainment, which often results in the application of “Conditions of Approval
The CUP process is the typical process a City uses to regulate businesses to ensure that the operation has adequate protocols, provided as “conditions of approval”, to prevent the business from generating a demand for City services such as police assistance and to prevent adverse impacts to surrounding uses such as noise disturbances and crime. One of the key conditions of approval for businesses serving alcohol and/or providing live
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entertainment is the requirement to develop comprehensive security plans vetted by the Police Department.
The City has had to recently dedicate additional police and security staffing to proactively monitor eating establishments that provide alcohol service and live entertainment into the late-night hours in the DDSP area. For example, the City has added two additional security officers during the late-night operating hours of businesses in the DDSP area, with a total of four (4) security officers now patrolling the area on Thursdays, from 4:00 pm to 2:00 am, and Fridays through Saturdays from 10:00 am to 3:00 am. In addition, the City extended the route to include businesses along the southern boundary of the DDSP, which is Firestone Blvd. The City has also explored the use of noise monitoring services to potentially augment the Code Enforcement services, due to the number of noise complaints staff was receiving. The Downey Police Department has also added foot patrols to the DDSP area during the late-night hours. The additional monitoring and enforcement is taking place especially during Thursday, Friday, and Saturday evenings from 9:30 pm to 2:30 am. Additionally, the Police Department is exploring the use of flock cameras in the DDSP area to assist as a crime deterrent as well as monitor activity in the area. Staff will be returning to a future meeting regarding an update of the flock cameras and authorization to deploy them in the Downtown.
ANALYSIS
The City has recently experienced an increasing number of police calls for service at eating establishments serving alcohol in the DDSP and DLSP areas. Since January 2022, the Downey Police Department has responded to 828 calls for service at 18 eating establishments that provide alcohol service within both specific plan areas that also are approved with live entertainment. While the specific plans have approximately 30 eating establishment that serve alcohol, the table below serves to highlight the locations with an increase demand for police services. Table 1 provides a general breakdown of those police calls for service.
Table 1
Police Calls for Service
January 2022 – November 2023 (22-month period)
Downtown Downey Specific Plan (DDSP) Area
13 eating establishment with alcohol service locations w/ live entertainment Total Police Calls for Services 585
Disturbance calls 1 84
i.e. loud noise, music, fighting, arguing,
shouting, loitering, etc.
Other types of calls
i.e. assault, larceny, alarm, suspicious
event. etc
Downey Landing Specific Plan (DLSP) Area
401
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5 eating establishment with alcohol service locations
Total Police Calls for Services 243
Disturbance calls 55
i.e. loud noise, music, fighting, arguing,
shouting, loitering, etc.
Other types of calls
i.e. assault, larceny, alarm, suspicious
event, etc.
188
Source: City of Downey, November 2023.
-Does not include all businesses in DDSP and DLSP; data is under review and is subject to further review and finalization In addition, a tragic shooting incident occurred in the DDSP area on September 19, 2023 at a business establishment that provides alcohol service, which was not required to obtain a CUP due to its location within the DDSP. The establishment also provides Live Entertainment, and does have a CUP approval for live entertainment Staff has also received numerous complaints regarding loud noise and disturbances at Ojos Locos, which is also a business that was not required to obtain a CUP for serving alcohol due to the site’s location within the DDSP. However, the establishment does have a CUP for live entertainment
Overview and Community Benefits of the City’s CUP Process The City CUP process typical takes approximately eight (8) weeks to complete from deeming an application complete. The State ABC process takes approximately ten (10) to twelve (12) weeks, depending on whether the ABC license is a transfer from another business or a new license. ABC advises applicants on their website that certain circumstances often result in a longer waiting period. The State’s and City’s processes can take place concurrently, and the timeline for obtaining a license issued to allow operations is dependent upon when the applicant submits to both agencies. The State ABC office will not issue an alcohol license until receiving confirmation that City has provided approvals (i.e. confirmed use is permitted by-right, or obtained a CUP).
One of the key community benefits of a CUP is that in granting a CUP, the Planning Commission may establish conditions that the Commission may consider necessary to ensure that any negative impacts related to a business’ service of alcohol do not impact adjacent properties, or so that the use is not detrimental to the welfare of the community The CUP process requires a public hearing before the Planning Commission pursuant to DMC Section 9824, with a minimum 10-day public notice mailed by the City to surrounding properties within a 500-foot radius of the proposed business location. The CUP process also provides the City a mechanism to hold the business accountable for any adverse impacts to the surrounding properties and for any abnormal demand for police services For example, DMC 9828 provides a procedure for the orderly and lawful revocation and/or modification of a CUP when the use is being operated in a manner that is detrimental to
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the public health, safety, welfare, and public convenience or is a public nuisance. The revocation or modification of a CUP would occur at a noticed public hearing per DMC 9804. The City application cost for a CUP is currently: $3,675. As previously mentioned, the CUP process, pursuant to DMC 9824, currently applies to all other businesses located outside of the DDSP and DLSP areas.
Below are options for City Council consideration regarding the regulation for eating establishments providing alcohol service
Future Eating Establishment Providinq Alcohol Service
Option 1. A potential option for regulating eating establishments providing alcohol service would be to require a CUP. The CUP process is the same process various establishments currently undertake to obtain approval for live entertainment. If an eating establishment is interested in providing both alcohol and live entertainment, the CUP process can be concurrently reviewed. This option would require an amendment to the DDSP and DLSP, to require new eating establishments that wish to provide alcohol, to obtain a CUP
Option 2. Continue to allow by right sale of alcohol for on-site consumption of beer & wine (Type 41) and beer, wine, and distilled spirits (Type 47). Public hearings and site-specific conditions will remain only applicable with the application of live entertainment.
Options for Regulating Existing Eating Establishment Providing Alcohol Service If the option to require a CUP is desired by the Council, staff seeks additional input from City Council on whether the requirement would apply to existing eating establishments that provide alcohol service, but do not currently have a CUP due to being established under the DDSP which was adopted in 2010 and DLSP which was adopted in 201 1, that did not require a CUP
Option 1 . One option could be to require eating establishments that provide alcohol sales and service, that currently do not have a CUP, to obtain a CUP within a certain amount of time. For example, an Ordinance providing an establishment two (2) years of the effective date of the amended Specific Plan would allow the business sufficient notification to become informed of the CUP process, prepare CUP application materials, and apply and go through the public hearing process Based on staff’s preliminary assessment, approximately 30 establishments would be subject to this two (2) year compliance requirement. A benefit to this option would be to ensure that businesses can be held accountable by the City, in the event that business operations are not being operated properly, since the City then has the ability to require modification operations or in an extreme case, bring a
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CUP back for a public hearing for revocation. It should be noted that typically, if a non-conforming use fails to obtain a CUP during that two (2) year timeframe, then the use would be required to cease operating, unless an extension option is provided by the City Council in an Ordinance.
Option 2. Another option could be to allow the establishments to operate under a “legal, non-conforming” land use per regulations set forth in DMC 9410, which would allow the use to continue until the use has ceased for a period of 1 80 days, and/or other terminating factors set forth in the code
Eating Establishment Providing Live Entertainment
As mentioned earlier, the DDSP and DLSP does require a CUP for all businesses providing live entertainment including those operating as an eating establishment. No changes to this requirement are recommended at this time, since the CUP process is the appropriate process for evaluating adverse impacts to the surrounding community Preparing Specific Operational Requlations Pertaining to Eating Establishments Providing Alcohol Service and/or Live Entertainment
If the City Council directs staff to pursue amending the DDSP and DLS P to require a CUP for establishments providing alcohol service, City staff can research and provide recommendations for developing “best practices” that provide operational and performance requirements and guidelines in order to streamline the review processes for eating establishments that opt to offer alcohol service and/or live entertainment.
Examples of these topic areas would be: hours of operation, lighting, security measures, sound attenuation, noise monitoring services, to name a few Timeline for Amending the DDSP and DLSP
Amending both Specific Plans via a traditional Specific Plan amendment process would take approximately twelve (12) months due to the nature of the process that is required for amending Specific Plans
During the amendment process, proprietors of eating establishments with alcohol service, wishing to locate in these two specific Plans, will still be able to proceed with their applications with the State Alcohol Beverage Control (ABC) Office, and would not be subject a CUP requirement with the City
Educational Outreach
Staff is taking proactive efforts to educate business operators on “Best Practices” related to operating a business serving alcohol and providing live entertainment within the
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Specific Plans and other areas of the City. To date, investigators from our Downey Police Special Enforcement Team, Fire Department, and Planning, Code, and Building Divisions of the Community Development Department have conducted inspections at 20 establishments with a State ABC license and conducted a total of 25 inspections (Attachment A)
On November 14, 2023, the City hosted a State ABC Licensed Education on Alcohol and Drug (LEAD) training at Apollo Park. A notice of workshop was mailed to over 240 ABC license holders located in the City of Downey and various operators were in attendance.
The Downey Police Special Enforcement Team reviewed best safety practices at licensed alcohol establishments, and the Community Development Department’s Planning Division staff provided educational information to the participants. One (1) additional training is scheduled for a date to be determined, and will be notified in a similar fashion.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
There is no fiscal impact
ATTACHMENTS
Attachment A: Code Enforcement and Educational Outreach at Various City Locations
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Attachment A:
Code Enforcement and Educational Outreach at Various City Locations February 23, 2024 Time 6-10 pm, Six (6) Inspections
The Downey Police Impact Team with the assistance of ABC Agent and Code Enforcement Department, conducted joint “IMPACT” inspections (Informed Merchant Preventing Alcohol Related Crime Tendencies). Inspections included verifying compliance with live entertainment conditions of approval, police permit and security plans and other code and planning items (i.e. noise complaints, CUP violations, zone use regulations, and unauthorized food vendor, catering trucks
Inspected Locations/Status:
1 2.
3 4
5. 6.
Walmart - 9001 Apollo Way – Notice of violation issued; operating without vending permit The Shuttle Bar – 9071 Imperial Hwy. – Notice of violation issued; expired business since 2021
Bar Casa BIanca - 8744 Imperial Hwy. - Notice of violation Issued,' expired busIness since 2022
The Stardust Club- 7643 Firestone Blvd
El SaIto Del Fraile – 7639 Firestone Blvd. – Notice of violation; operating without a live entertainment permit.
Same Ol’ Saloon – 9560 Firestone Blvd . – Notice of violation issued; unauthorized catering truck without vending permit.
Future Monitoring and Inspections
The Downey Police Department with the assistance of City staff, will continue inspecting and enforcing the downtown district on Thursday-Saturday in the evening hours to proactively monitor activities, including noise and unruly behavior in our Downtown area.
Staff is also planning other unannounced inspections that will focus on live entertainment, CUP violations. catering trucks, and street vending
++++++++++++r + ++++
Attachment “ A“
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Attachment A:
Code Enforcement and Educational Outreach at Various City Locations December 8, 2023 – Approx. Time 7 -11 pm, Seven (7) Inspections The Downey Police Impact Team with the assistance of ABC Agent and Code Enforcement Department, conducted joint “IMPACT” inspections (Informed Merchant Preventing Alcohol Related Crime Tendencies). Inspections included verifying compliance with live entertainment conditions of approval, police permit and security plans and other code and planning items (i.e. noise complaints, CUP violations, zone use regulations, and unauthorized operating food trucks) Inspected Locations :
1 2
3 4
5. 6.
7 El Pescador – 12002 Lakewood Blvd
Kelly’s Tavern – 8148 Firestone Blvd
Bar Louie – 8860 Apollo Way. Suite #304
Aloha Liquor – 1 1837 Lakewood Blvd
Las Palmas (Coco Bongo club) – 8060 E Florence Ave. – Manaqer contracted, operations under review
Hibachi House Catering Truck – 8300 Firestone Blvd. - Removed from premises; operatinq without an approved permit
Ojos Locos – 8350 Firestone Blvd. Citation issued - Noise and Business Attire for Food Handlers
Future Monitoring and Inspections
The Downey Police Department, ABC agent and Code Enforcement Staff, will continue inspecting and enforcing the downtown district on Thursday-Saturday in the evening hours to proactively monitor activities, including noise, food handlers’ uniform, vending and unruly behavior in our Downtown area.
+++++++++++++++++++++++++++
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Attachment A:
Code Enforcement and Educational Outreach at Various City Locations November 14, 2023 - Best Practices Workshop
•The City hosted an ABC LEAD (Licensed Education on Alcohol and Drug) training on November 14, 2023 at Apollo Park, in the Community Room o ABC staff provided a training in English from IC)am-noon, and a training in Spanish from 1 pm-3pm
o At the training, our Police Special Enforcement Team reviewed best safety practices at licensed alcohol establishments and the Community Development staff provided educational information to the participants. o All participants that successfully complete the training will received a LEAD completion certification from ABC.
o Mailed out notice of workshop will be sent to over 240 ABC license holders in Downey.
o Community Development Department’s Code Enforcement Division also provided enforcement details relating to the City uniform ordinance applicable to food handlers
• Uniform Ordinance Enforcement – Code enforcement will follow-up with enforcement of the ordinance, citing the business owner and management entities ++++++++++++++++++
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Attachment A:
Code Enforcement and Educational Outreach at Various City Locations October 20, 2023 – Approx. Time 6 -10 pm, Six (6) Inspections The Downey Police Impact Team with the assistance of City staff including representatives from Planning, Code Enforcement, Building and Fire Departments, conducted joint inspections (Informed Merchant Preventing Alcohol Related Crime Tendencies) (IMPACT Inspections included verifying compliance with live entertainment conditions of approval, police permit and security plans and other code and planning items (i.e. noise complaints, CUP violations, fire code)
Inspected Locations:
1 2
3 4
5 6,
Gloria’s Bar and Gril1-7401 Florence Ave
Downey Brewing-10924 Paramount Blvd
La Barca-11010 Paramount Blvd
Marsico’s Choix-8104 Firestone Blvd
Bar Louie-8860 Apollo Way #304
Tempo Cantina-12056 Paramount Blvd
Future Monitoring and Inspections
The Downey Police Department with the assistance of City staff, will continue inspecting and enforcing the downtown district on Thursday-Saturday in the evening hours to proactively monitor activities, including noise and unruly behavior in our Downtown area Staff is also planning other unannounced inspection that will focus on bars and liquor stores in the next couple of weeks.
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Attachment A:
Code Enforcement and Educational Outreach at Various City Locations October 6, 2023, Approx. Time 6 -10 pm, Seven (7) Inspections The Downey Police Department with the assistance of ABC agent conducted informative, educational inspections (Informed Merchant Preventing Alcohol Related Crime Tendencies) also known as (iMPACT), a grant funded project. Inspections included verifying compliance with live entertainment conditions of approval, police permit and security plans. inspections conducted by DPD and ABC Agent.
Inspected Locations :
1 2
3 4
5 6
7 Epic Lounge-8239 2-d Street
Bella Lounge-11002 Downey Ave
Mambo Gril1-11018 Downey Ave
Ola-11040 Downey Ave
Josephs Bar and Gril1-11032 Downey Ave
The Glen Bar-7536 Stewart and Gray Rd
Ojos Locos-8530 Firestone Blvd