02. Adoption of Zone Text Amendment -Article IX of DMC Regulating Location of Bars, Tarverns, Pubs, Nightclubs & Restaurant w-Live Enterntainment

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 13, 2025
SUBJECT: ADOPTION OF A ZONE TEXT AMENDMENT TO ARTICLE IX OF THE

DOWNEY MUNICIPAL CODE REGULATING THE LOCATION OF BARS,

TAVERNS, PUBS, NIGHTCLUBS, AND RESTAURANTS WITH LIVE

ENTERTAINMENT

EXECUTIVE SUMMARY
The City Council will consider adopting a Zone Text Amendment (ZTA) to establish new regulations for "bars, taverns, pubs", "nightclubs", and "restaurants with live entertainment." If approved, the ZTA will prohibit bars, taverns, pubs, nightclubs, and restaurants with live entertainment from being established within a 500-foot buffer around "Schools, Public", "Schools, Private," "Child Day Care Centers," "Hospitals," and City operated senior centers. Additionally, the ZTA will modify the definition for such uses to ensure the use definitions are aligned with the proposed ZTA. The Downey Municipal Code (DMC) will continue to require a Conditional Use Permit (CUP) for establishments located outside of the 500-foor buffer.

Staff recommends that the City Council approve the proposed zoning Text Amendment due to the ability to make all necessary findings.

RECOMMENDATION
That the City Council:

Introduce an Ordinance approving a Zoning Text Amendment thereby amending Section 9314.04 of the Downey Municipal Code to regulate the location of bars, taverns, pubs, nightclubs, and restaurants with live entertainment, and to Section 9124 to modify the definition of bar, and to Section 9146 to modify the definition of microbreweries and brewpubs, and Section 9148 to add the definition of nightclubs.
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At its January 23, 2024 meeting, City Council requested that staff provide a report on the distance requirements for bars, nightclubs, and live entertainment establishments and

ZONING TEXT AMENDMENT
MAY 13, 2025
PAGE 2
prepare recommendations for regulating these uses in proximity to identified sensitive uses.

At its April 23, 2024 meeting, Staff presented five options to regulate bars, nightclubs and establishments that have live entertainment. The City Council further requested that staff provide maps to show the location of Bars, Nightclubs, and Live Entertainment establishments in relation to sensitive uses, specifically schools, childcare facilities, hospitals, and senior centers. The City Council requested maps illustrating a 500-foot buffer around these sensitive uses. At this meeting, the City Council also determined that the Downtown Downey Specific Plan (DDSP) area would not be included in this regulation to preserve the goals and policies of the DDSP, which is to create a dynamic and vibrant city center that encourages the blending of a variety of uses.

On January 14, 2025, the City Council directed staff to initiate a Zoning Text Amendment (ZTA) to regulate the location of businesses whose primary function is focused on the exclusive sale of alcohol or restaurants providing live entertainment. The City Council's direction included amending the DMC to require a 500-foot buffer from sensitive uses, and further defined `sensitive uses' for the purpose of establishing the buffer zone to include schools, child-care facilities, senior centers, and hospitals. Per the City Council's direction, the buffer would apply citywide, with the exception of the Downtown Downey Specific Plan, as previously directed at its April 23, 2024 meeting, and during this meeting the City Council directed Staff to also exclude the Downey Landing Specific Plan area.

Authority, t�gulate Establishments serving Alcohol and Live Entertainment In 1933, the federal government gave exclusive jurisdiction to the State over the sale, purchase, and possession of alcoholic beverages. In California, this regulatory authority is vested in the California Department of Alcoholic Beverage Control, commonly referred to as "ABC." ABC has dual responsibility for both the issuance of liquor licenses and the regulation of existing licenses.

Though cities do not have the authority to regulate liquor licenses, they have the authority to regulate the ancillary aspects of alcohol sales, including land use, without infringing on ABC's authority. Cities may establish general locational and/or operational standards within a jurisdiction's municipal code. An example of a locational standard is establishing zones in which bars and other similar uses are permitted or prohibited. In addition to establishing zones, cities may also include buffer distances. As a local example, the DMC currently prohibits live entertainment businesses within the C-P (Professional Office) zone from locating within 100' of a residentially zoned property.

Examples of operational standards include establishing noise standards, regulating hours of operation, etc. This can be accomplished via adopting operational standards within a municipal code, a local example of this would be DMC Section 4606 (Noise Regulations), or through the use of a CUP. A CUP is a process that a city uses to regulate businesses to ensure that adequate operational conditions are in place, provided as "conditions of approval" (COA). COA's can provide an effective set of

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standards specific to each business that are used to prevent impacts to surrounding uses such as noise disturbances and security. The COAs also an attempt to reduce the use of City services such as police, fire, and code enforcement assistance. One key COA for businesses serving alcohol is the requirement to develop a comprehensive security plan, reviewed by the Police Department and often the Fire Department.

ANALYSIS
Bars, Taverns, Pubs, Nightclubs, and Restaurants with Live Entertainment The primary focus of the ZTA is on the regulation of businesses whose primary function is the exclusive sale of alcohol and restaurants providing live entertainment. The DMC land uses that most closely correlate to the City Council's prior direction are the following categories:
"Bars, taverns, micro -breweries with food and drink"
"Nightclubs", and
"Restaurants, cafes and coffee establishments with live entertainment" The terms "bar", "pub", and "tavern" are interchangeable terms that refer to an establishment focused on the sale of alcoholic beverages with or without the sale of food.

Currently, an establishment that operates as a "bar, tavern, pub" is permitted with a CUP in the C-2, C-3, and C-M zones. Businesses that operate as a use categorized as a "restaurant, cafe, or coffee establishment with live entertainment" are permitted with a CUP in the C-P, C-2, C-3 and C-M zones. Table 1 below summarizes the City's current land use table for bars, nightclubs and live entertainment locations.

The proposed ZTA establishes a new 500-foot buffer requirement for businesses that are classified as a bar, tavern, pub, nightclub or restaurant providing live entertainment. The distance shall be measured from the property line of the sensitive use to the property line

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of the parcel of the new proposed bar, tavern, pub, nightclub, or restaurant with live entertainment location.

Staff overlaid a 500-foot radius from "Schools, Public", "Schools, Private", "Child Day Care Center", "Hospitals," and City operated senior centers, onto a City Map (Attachment B) to ensure that the proposed 500-foot buffer was large enough to achieve the City's goal, but not so large that they are a de facto prohibition of the uses. Analysis of the map shows there would be several properties on Telegraph Road, Firestone Boulevard, Imperial Highway, Paramount Boulevard, and Lakewood Boulevard where future bars, taverns, pubs, nightclubs, and restaurants with live entertainment locations could be established.

There are thirteen (13) businesses currently operating as bars or restaurants with live entertainment (Table 2), excluding those operating in the Downtown Downey Specific Plan and Downey Landing Specific Plan areas. Nine (9) of the 13 bars listed in Table 2 operate with a Type 40 or 48 California Department of Alcohol and Beverage Control (ABC) license. Of the 9 bars, seven (7) also provide live entertainment. Four (4) of the 13 businesses are restaurants with live entertainment, operating with a Type 41 or 47 ABC license. None of the 13 businesses identified in Table 2 operate as a nightclub.

Two existing businesses, numbered 2 and 3 on Table 2, are currently classified as "legal, non -conforming" uses due to their location in a C-1 zone. The establishments are deemed "legal, non -conforming" because a "Bar" land use is no longer permitted in the C-1 zone.

Therefore, they are subject to the provisions of DMC Section 9410 (Nonconforming Uses, Buildings, and Structures). Per DMC 9140, nonconforming uses are not permitted to expand the use, increase the size of the tenant space, or relocate to another tenant space (except if the new location meets the minimum buffer requirements). As with all nonconforming uses, they are permitted to continue operations, provided they are not discontinued for 180 days or more.

Further, analysis of the City map with the radius overlay shows that five (5) of the 13 existing businesses, numbered 1, 7, 10, and 13 on Table 2, are within the 500-foot buffer and would not meet the separation requirement. Based on specific modifications made to the proposed amendment by the Planning Commission (PC) during a public hearing on April 16, 2025, the establishments listed in Table 2, with the exception of establishments

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#2 and #3, shall not be considered legal non -conforming in regard to enlarging their tenant space, should the City Council approve the amendment as modified by the Planning Commission. As discussed earlier establishments #2 and #3 are currently classified as "legal, non -conforming" uses due to their location in a C-1 zone. The establishments are deemed "legal, non -conforming" because a "Bar" land use is no longer permitted in the C-1 zone. Planning Commission made this recommendation in order to not negatively impact any legally existing establishment.
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Source: State ABC Website; City Business License Database; Data Date: 4/9/2025 Currently, the DMC does not provide a definition for a nightclub. To provide clarity within the DMC, a definition for a "nightclub" will be added to the DMC Section 9148 "N Definitions". The proposed definition is consistent with the definition that already exists in

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the City's land use documents such as the Downtown Downey Specific Plan. The proposed definition shall read:

An establishment that is open late, generally featuring music, in conjunction with food and/or drink. A nightclub is usually distinguished from bars, pubs and/or taverns by the inclusion of a dance floor and/or a DJ booth, where a DJ plays recorded dance and/or pop music.

Additionally, a modification is proposed to provide clarification of the definition for "Bar," DMC Section 9124 T Definitions" is proposed to be modified to add the sections shown in underlined text below:

An alcohol sales establishment where the primary use is the sale and on -site consumption of alcoholic beverages and where secondary uses may include food service and/or live entertainment. The premises may contain a counter upon and over which alcoholic beverages, such as beer, wine, and distilled spirits are served. A bar shall mean the same as a tavern or pub.

Cafes and Coffee Establishments
Caf6 and coffee establishment uses are currently categorized together with restaurants.

The three uses will remain categorized together, however DMC Section 9314.04 Table

9.3.5. Commercial Zones Use Regulations — will be modified to exclude cafes and coffee establishments from the proposed 500-foot buffer from sensitive uses. Cafes and coffee establishments do not customarily sell alcohol and thus do not align with the City Council's direction to regulate the uses that primarily focus on alcohol sales or restaurants with live entertainment.

Micro -breweries with Food and Drink
"Micro -breweries with Food and Drink" are currently categorized together with "bars, taverns, and pubs". Micro -breweries are proposed to be identified as an independent land use designation, separate from bars, taverns, and pubs, and would not be subject to the 500-foot buffer distance requirement. Similar to caf6 and coffee establishments, micro - breweries with food and drink do not focus primarily on the exclusive sale of alcohol, and therefore do not align with the City Council's direction to regulate uses that primarily focus on alcohol sales and restaurants with live entertainment.

Micro -breweries are required to operate with either a Type 23 or 75 ABC license and are required to offer meals, similar to a restaurant, per current DMC regulation and by ABC for a Type 23 license. The definition for Microbreweries and Brewpubs is proposed to be modified to reflect the existing DMC requirement that the use must offer meals regardless of the ABC license type. Within DMC Section 9314.04 Table 9.3.5. Commercial Zones Use Regulations — "Micro -breweries with food and drink" will be named "Microbreweries and Brewpubs" to match the existing DMC definition title in Section 9146.

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As such, "Microbreweries and Brewpubs" definition in DMC Section 9146, "M Definitions", shall be modified to remove the sections shown in strikethrough, and add the sections shown in underlined text below:

Refers to small-scale, ;RdepeRdeRtly OWRed breweries that emphasize traditional brewing methods, flavor and qualit , operate as a bona -fide public eating place, and that produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons) annually for on -and off -premises consumption. A brewpub shall mean the same as a microbrewery. is a„- abbreviated -terFn GOrribining-t f a brewery and pub or publiG house. A brewpub Gan be a pub er restaurant that brews beer OR Table 3 provides the proposed modifications to Table 9.3.5 of the DMC to remove the sections shown in strikethineu.yh and add the sections shown in underlined text below:
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Eating and Drinking Establishment
Bar, taverns, pubs,NP
NP
C
C
C
NP
Accessory uses such as
MiGFG breweries
billiards, pool tables,
feed and
darts, and game
machines are also
allowed
Shall be located a
minimum of 500 fee
from an "Schools
Private" "Schools
Public" "Child Da
Care Center,"
"Hospitals", and City
operated senior centers
as measured from the
property line to property
line. AnV lawful)
existing or newt
established use shall no
become legal non-
conforming if a "Schools
Private" "Schools
Public" "Child DaV Care
enter," "Hospitals", and

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PAGE 8
City operated senior
centers locates within
500-feet of their location
after legal establishment
of their use.

Micro -breweries andNP
Brewpubs
with IiveNP
entertainment**
NP
NP
C
C**
C
C**
C
C**
NP
NP
Shall be allowed in
establishments
identified as a bona- fide
public eating lace as
defined in Section 9146
and in the California
Business and
Professions Code
**Shall be located a
minimum of 500 fee
from an "Schools
Private" "Schools
Public" "Child Da
Care Center,"
"Hospitals", and City
operated senior centers
as measured from the
property line to property
line.
**AnV lawfullV existing o
newly established use
shall not become le al

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PAGE 9
non -conforming if a
"Schools Private"
"Schools Public" "Child
Day Care Center'
"Hospitals", and Cit
operated senior centers
locates within 500-fee
of their location after
le al establishment o
heir use.

Nightclubs
NP
NP
C
C
C
NP
Shall be located a
minimum of 500 fee
from an "Schools
Private" "Schools
Public" "Child Da
Care Center,"
"Hospitals", and City
operated senior centers
as measured from
property line to property
line.

Anv lawfullV existing o
newly established use
shall not become legal
non -conforming if a
"Schools Private"
"Schools Public" "Child
DaV Care Center'
"Hospitals", and City
operated senior centers
locates within 500-fee
of their location after
le al establishment o
heir use.

Restaurants, cafes,
coffee establishments
With alcoholC
sales
P
P
C
P
C
P
C
P
C
P
C
For C-P & H-M zones,
use shall not exceed
10% of gross floor area
of building
Subject to

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MAY 13, 2025
PAGE 10
0 With drive-thru
* ** IN P
Restaurant
establishments
with IN
entertainment**
;I
Cafes and
coffee
establishments
with live
entertainment
0 ** JC** JC** INP
ection 9406 if dri
iru facilities
utdoor seating/dinin
,eas are subject to Sit
Ian Review i
-cordance with Sectio
'he building housing
staurant shall be
inimum of 100 fe
)m the neare
sidentially-zoned
operty
minimum
of 500 feet
from an
"Schools
Private"
"Schools
Public"
"Child Da
Care
Center, "
"Hospitals", and Cit
operated
senior
property line.
**Anv lawfully existing o
non -conforming if a
"Schools Private"
"Schools Public" "Child
Day Care Center'
"Hospitals", and Cit
operated senior centers
locates within 500-fee
of their location after
leaal establishment o

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PAGE 11
Plannina Commission Deliberation and Recommendation
The proposed ZTA establishes a new 500-foot buffer requirement for businesses that are classified as a "bar, tavern, pub," "nightclub" or "restaurant with live entertainment." On April 16, 2025, through its Planning Commission (PC) deliberation and motion to approve the draft ordinance as recommended by staff, the PC requested that language be included in the proposed ordinance to avoid the categorization of existing establishments as "legal non -conforming uses." The PC indicated during their discussion that some businesses might suffer unintended negative business impacts by becoming "legal non -conforming." As part of their recommendation, the Planning Commission recommends that the City Council consider that the proposed buffer zone not apply to the "bars, taverns, pubs," "nightclubs," or "restaurants with live entertainment," existing on the effective date of the ordinance.

Therefore, all existing establishments identified in Table 2, except establishments #2 and #3, would be permitted to expand subject to a CUP approval, as the buffer zone would not apply to the existing establishments legally established before the time that the Ordinance is effective. Expanding is defined in land use matters as increasing the existing footprint. Any relocation would be a new location, and would be required to be outside of the 500' buffer zone.

Any existing bar, nightclub or live entertainment establishment that is currently legal non- conforming due to other factors like zoning, are not permitted to expand under the new buffer, as the previous determination that these establishments are legal, non -conforming would not permit their expansion. Establishments #2 and #3 would fall within this category.

Based on the Planning Commission's deliberation, staff further proposes that a new bar, tavern, pub, nightclub or restaurant providing live entertainment, upon having obtained the required Conditional Use Permit approval after the effective date of this proposed amendment would not be made legal non -conforming should a sensitive use locate within 500 feet of their operating location at any subsequent future date. The business would be permitted to continue to operate within the parameters of the approved Conditional Use Permit and all other provisions of the DMC. They would also be allowed to expand the use with a CUP approval, and not be subject to the legal nonconforming provisions of the DMC. Businesses such as bars, tavern, pub, nightclub or restaurant providing live entertainment, undergo entitlement approval process, make significant investment to the tenant space, are held to higher maintenance standards such as maintain additional on - site security. Allowing such businesses to continue operating and expanding in case a sensitive use locates within the buffer zone, would allow the City of Downey to maintain a business -friendly outlook toward these and future businesses choosing to locate with Downey.

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The requirement shall be incorporated in the DMC as per the following proposed text:

Shall be a minimum of 500-feet from any "Schools, Public", "Schools, Private", "Child Day Care Center", "Hospitals," and City operated senior centers, as measured from property line to property line of the proposed bar, tavern, pub, nightclub, or establishment with live entertainment. Any lawfully existing or newly established use shall not become legal non -conforming if a "Schools, Private", "Schools, Public", "Child Day Care Center," "Hospitals", and City operated senior centers locates within 500-feet of their location after legal establishment of their use."
Applicability to Specific Plans
A subsequent ordinance will come before the Planning Commission and City Council at a later date to make the same provisions to the City's Rancho Los Amigos Specific Plan, Lakewood/Firestone Specific Plan, and Stonewood Specific Plan. At the direction of the City Council, the proposed buffer requirement excluded the Downtown Downey Specific Plan (DDSP) and the Downey Landing Specific Plan (DLSP). The City Council's direction was to maintain the existing goals and policies of the DDSP and the DLSP areas.

Modification of the City's Specific Plans requires the City as a `lead agency' to consult with California Native American Tribes prior to amending a specific plan under Senate Bill 18 (SB 18). Notices inviting California Native American tribes to consult on the proposed amendments have been sent. The item to amend the specific plans will be forthcoming to the Planning Commission and City Council at noticed public hearings in the months of August and September 2025.

Applicability and Implementation of the Proposed Ordinance The proposed Ordinance, if adopted by the City Council, will become effective 30 days after the date of its adoption. Upon codification of the amendment, the updated code will be available to the public via the City website. All legally existing bars, taverns, pubs, nightclubs, and restaurants with live entertainment were notified of this amendment via a direct mailing of the public hearing notice to property owners and business operators within the City.

ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed ZTA for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is exempt pursuant to CEQA Guidelines Section 15060(c)(2), which states that projects that do not result in a direct or reasonably foreseeable indirect physical change in the environment are not subject to CEQA review. Amending the DMC to establish a new requirement for bars, taverns, pubs, nightclubs, and restaurants with live entertainment to be a minimum of 500 feet from sensitive uses is not a physical change to the environment.

ZONING TEXT AMENDMENT
MAY 13, 2025
PAGE 13

PUBLIC NOTICE
On April 24, 2025, a notice of the public hearing was advertised in the Downey Patriot as a 1/8th page ad, consistent with DMC Section 9804.06(c)(2). Direct mailing of the notice was sent to property owners and business operators of all bars, taverns, pubs, nightclubs, and restaurants with live entertainment within the City.

The notice was published 20-days prior to the City Council meeting pursuant to Assembly Bill 2094, regarding noticing requirements for amendments to a zoning ordinance.

PUBLIC COMMENTS
As of the date of the publishing of this report, staff has not received any correspondence regarding this application.

CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure

FISCAL IMPACT
There is no fiscal impact associated with the discussion of this item.

CONCLUSION
Based on the analysis contained within this report, staff is concluding that all required findings can be made in a positive manner. As such, the Planning Commission reviewed the ZTA and recommends the City Council adopt the draft Ordinance with the recommended modifications regarding the legal non -conforming status of the existing and future establishments.

ATTACHMENTS
Attachment A — City Council Ordinance No. 25-XXXX
Attachment B — Bars, Nightclubs, Establishments with Live Entertainment Maps Attachment C — Planning Commission Report — April 16, 2025

ATTACHMENT A
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A ZONING TEXT AMENDMENT (PLN-25-00043) TO SECTION 9314.04 OF THE DOWNEY

MUNICIPAL CODE TO REGULATE THE LOCATION OF BARS, TAVERNS, PUBS, NIGHTCLUBS, AND RESTAURANTS WITH LIVE ENTERTAINMENT, AND TO SECTION 9124 TO MODIFY THE DEFINITION OF BAR, AND TO SECTION 9146 TO MODIFY THE DEFINITION OF MICROBREWERIES AND BREWPUBS, AND TO SECTION 9148 TO ADD

THE DEFINITION OF NIGHTCLUBS
WHEREAS, on January 14, 2025, the City Council directed City Staff to initiate a Zoning Text Amendment to regulate the location of businesses whose primary use is categorized as a bar, tavern, pub, micro -brewery with food and drink, night club, or a restaurant with live entertainment; and
WHEREAS, the State of California has exclusive jurisdiction over sale, purchase, and possession of alcoholic beverages and vested this authority in the Department of Alcoholic Beverage Control (ABC), to issue and regulate liquor licenses; and WHEREAS, it is the City's desire to further regulate the location of businesses who operate under the use categorized as a "bar, tavern, pub", "nightclub", and "restaurant with live entertainment" near schools, child care facilities, senior centers and hospitals; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 16, 2025, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of an Ordinance approving a Zoning Text Amendment to Sections 9146 and 9314.04 of the Downey Municipal Code to regulate the location of new bars, nightclubs, and restaurants with live entertainment and to modify the definition of "Microbreweries and Brewpubs," and "Nightclubs"; and WHEREAS, on April 24, 2025, a notice of public hearing by the City Council was published in Downey Patriot as a 1/eh page ad in accordance with the requirements of the Downey Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on May 13, 2025, to consider this Ordinance approving the proposed Zoning Text Amendment, where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(2) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Attachment A

SECTION 3. The City Council further finds and determines that:

A. The requested amendment is necessary and desirable for the development of the community and is in the interest or furtherance of the public health, safety, and general welfare. The amendment to the Downey Municipal Code would regulate businesses whose primary use is categorized as a "bar, tavern, pub," "nightclub," or a "restaurant with live entertainment," such that they would not be permitted to locate within a 500-foot buffer of schools, child care facilities, senior centers and hospitals. The buffer eliminates the ability for new bars, taverns, pubs, nightclubs and restaurants with live entertainment to locate near uses that are sensitive to the effects of establishments focused on the exclusive sale of alcohol or restaurants providing live entertainment. The buffer reduces the risk of minors and families encountering environments where exclusive alcohol consumption is normalized, thereby decreasing the likelihood of alcohol -related incidents and protecting vulnerable populations from potential harm. In addition, prohibiting restaurants with live entertainment near sensitive uses will help prevent potential nuisances, such as traffic and noise, that could arise from businesses offering such activities.

Micro -brewery with food and drink is modified as an independent land use designation, separate from bars, taverns, and pubs, as it does not focus primarily on the exclusive sale of alcohol and therefore would not be subject to the 500-foot buffer distance requirement.

B. The proposed Ordinance is in general conformance with the General Plan. The amendment to the Downey Municipal Code is consistent with the following goals and policies of the General Plan:

Policy 1.1.4 "Provide an appropriate amount of land area for people to acquire goods and services ".

When outside of the distance requirement, bars, taverns, pubs, nightclub, and restaurant with live entertainment uses are still permitted in the C-1, C-2 and C-M zones with an approved Conditional Use Permit (CUP). Restaurants with live entertainment would also continue to be permitted in the C-P zone with an approved CUP when outside the 500-foot distance requirement. Applying the 500-foot buffer to the City's zoning map demonstrates there is an ample number of properties that would still be permitted for businesses with a primary use categorized as a bar, tavern, pub, nightclub, and restaurant with live entertainment.

Goal 5.9 "Promote the well-being and general health of those that live and work in Downey."
Attachment A

Providing a buffer between new bars, taverns, pubs, nightclubs and restaurants with live entertainment and schools, childcare facilities, senior centers, and hospitals would promote the well-being and general health of minors and the general community by limiting the exposure to alcohol near locations where minors and families are likely to congregate and by limiting the potential for public disturbances.

SECTION 4. Section 9124, "B" Definitions, of the Downey Municipal Code is hereby amended to read as follows:

Bar: An alcohol sales establishment where the primary use is the sale and onsite consumption of alcoholic beverages and where secondary uses may include food service and/or live entertainment. The premises may contain a counter upon and over which alcoholic beverages, such as beer, wine, and distilled spirits are served. A bar shall mean the same as a tavern or pub.

SECTION 5. Section 9146, "M" Definitions, of the Downey Municipal Code is hereby amended to read as follows:

Microbreweries and Brewpubs: Refers to small-scale,
ewRed breweries that emphasize traditional brewing methods, flaver and qualit1 operate as a bona -fide public eating place, and that produce fewer than 15,000 U.S. beer barrels 460,000 U.S. gallons) annually for on -and off -premises consumption. A brewpub shall mean the same as a microbrewery. +s -are abbreviated teFM GE)mbiRiRg the ideas of a brewery and a pub or publiG house. A SECTION 6. Section 9148, "N" Definitions, of the Downey Municipal Code is hereby amended to include a definition for nightclubs read as follows:

Nightclub: An establishment that is open late, generally featuring music, in conjunction with food and/or drink. A nightclub is usually distinguished from bars, pubs or taverns by the inclusion of a dance floor and a DJ booth, where a DJ plays recorded dance and pop music.

SECTION 7. Table 9.3.5. (" Commercial Zones Use Regulations") within Section 9314.04 of the Downey Municipal Code is hereby amended in part to read as follows:

Table 9.3.5. Commercial Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit) Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions
Eating and Drinking Establishment
Attachment A

Bar, taverns, pubs
NP
NP
C
C
C
NP
Accessory uses such as
billiards, pool tables,
food and drink
darts, and game
machines are also
allowed
Shall be located a
minimum of 500 feet
from an "Schools
Private" "Schools
Public" "Child Da
Care Center,"
"Hospitals", and City
operated senior centers
as measured from the
propertV line to property
line. Any lawfully existing
or newly established use
shall not become le al
non -conforming if a
"Schools Private"
"Schools Public" "Child
Dav Care Center,"
"Hospitals", and City
operated senior centers
locates within 500-feet of
their location after legal
establishment of their
use.

Micro -breweries and
NP
NP
C
C
C
NP
Shall be allowed in
Brewpubs
establishments identified
as a bona- fide public
with live
NP
NP
C**
C**
C**
NP
ggkng place, as defined
in Section 9146 and in
entertainment**
the California Business
and Professions Code
**Shall be located a
minimum of 500 feet
from an "Schools
Private" "Schools
Public" "Child Da
Care Center,"
"Hospitals", and City
operated senior centers
as measured from the
propertV line to propertV
line.
**Any lawfully existing
or newiv established
Attachment A

use shall not become
legal non -conforming if
a "Schools Private"
"Schools Public" "Child
Day Care Center,"
"Hospitals", and Cit
operated senior centers
locates within 500-feet
of their location after
legal establishment of
their use.

Bakeries
NP
P
P
P
P
NP
Shall have retail
component
Liquor stores and
NP
C
C
C
C
NP
other off -sale alcohol
establishments
Nightclubs
NP
NP
C
C
C
NP
Shall be located a
minimum of 500 feet
from an "Schools
Private" "Schools
Public" "Child Da
Care Center,"
"Hospitals", and City
operated senior centers
as measured from
property line to property
line.

Any lawfully existing or
newiv established use
shall not become le al
non -conforming if a
"Schools Private"
"Schools Public" "Child
Day Care Center,"
"Hospitals", and City
operated senior centers
locates within 500-feet
of their location after
le al establishment of
heir use.

Attachment A

Restaurants, cafes,
P
P
P
P
P
P
For C-P & H-M zones,
coffee
use shall not exceed
establishments
10% of gross floor
area of building
With alcohol
C
C
C
C
C
C
sales
Subject to
Section 9406 if drive -
With drive-thru
NP
C
C
C
C
NP
thru facilities are
provided
Restaurants
C*, **
NP
C**
C**
C**
NP
establishments
Outdoor seating/dining
with live
areas are subject to
entertainment
Site Plan Review in
accordance with
Cafes and
C
NP
C
C
C
NP
Section 9820
coffee
establishments
*The building housing
with live
a restaurant shall be a
entertainment
minimum of 100 feet
from the nearest
residentially -zoned
property
**Shall be located a
minimum of 500 feet
from any "Schools,
Private", "Schools,
Public", "Child Day
Care Center,"
"Hospitals", and City
operated senior
centers, as measured
from property line to
property line.
**Any lawfully existing
or newly established
use shall not become
legal non -conforming if
a "Schools, Private",
"Schools, Public",
"Child Day Care
Center," "Hospitals",
and City operated
senior centers locates
within 500-feet of their
location after legal
establishment of their
Attachment A

se.

SECTION 8. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase of portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

SECTION 9. The City Council hereby directs staff to prepare, execute, and file with the Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 10. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this_ day of , 2025
Hector Sosa, Mayor
ATTEST:

MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Ordinance No. was presented at a public hearing at a regular meeting of the City Council held on the _ day of , 2025, and adopted at a regular meeting of the City Council of the City of Downey held on the _ day of ,2025, by the following vote, to wit:

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

ABSTAIN: Council Member:

Attachment A

I FURTHER CERTIFY that a Summary of the foregoing Ordinance No..,was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, the _ day of , 2025 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.

MARIA ALICIA DUARTE, CIVIC
City Clerk
Attachment A

Bars, Nightclubs and Restaurants with
Live Entertainment Locations
Oj
LEGEND Attachment
n ernr7X� Live Entertainment
a Bars and Nightclubs
. ... ..... .... ... Schools
........... CM School Buffer
LQV4100 eaRiwiiiiW ------ --- - - --- ---
Prepared by .... .. .... . Hospitals
Hospital 13
—Del Fm,—ie--, W J, Buffer
Child Care Facilities
Child Care Buffer

SAGECRIEST
M Senior Center E
......3- ,.,j..... , Senior Center Buffer
Excluded Downey Specific Plans
C-P Zoning
C-M Zoning
EM C-3 Zoning
M C-2 Zoning
= Downey Parcels

Bars, Nightclubs and Restaurants with
Live Entertainment Locations
District 1
... ..
. . . ... . .. . . . . .

Interstate 105
2* Anarchy U
M
'I"
Z F nM ME Elm,
Notes: Establishments with "." are legal, non -conforming due to location within the C-1 zone which does not permit the use.

Establishments highlighted in grey are located within the proposed buffer but will n be subject to the buffer requirements
Live Entertainment
Bars and Nightclubs
Prepared by
CityofDowney El
Schools
School Buffer
M Hospitals
. . . .... .. ... Hospital Buffer

SAGECREST
Child Care Facilities
EM Child Care Buffer
t
2 LEGEND Attachment B
Senior Center
Senior Center Buffer
Excluded Downey Specific Plans
C-P Zoning
GM Zoning
C-3 Zoning
M C-2 Zoning
= Downey Parcels

Bars, Nightclubs and Restaurants with
Live Entertainment Locations
District 2
17M
LEGEND Attachment B
M Senior Center
Senior Center Buffer
VIA Excluded Downey Specific Plans
M C-P Zoning
C-M Zoning
C-3 Zoning
C-2 Zoning
Downey Parcels

Bars, Nightclubs, and Restaurants with
Live Entertainment Locations
District 3
Prepared by
El CityofDowney000

SAGECREST
Live Entertainment
Bars and Nightclubs
Schools
School Buffer
Hospitals
... .........

Hospital Buffer
Child Care Facilities
Child Care Buffer
Senior Center
Senior Center Buffer
Excluded Downey Specific Plans
C-P Zoning
C-M Zoning
C-3 Zoning
C-2 Zoning
Downey Parcels

Bars, Nightclubs, and Restaurants with
Live Entertainment Locations
District 4
4 JC Tavern
C-2
6—
9 Same 01'Saloon
The Junction/Hops
C-2
C-2
= Bars and Nightclubs
IM Schools
[M School Buffer
Hospitals
I,,Us -J, Hospital Buffer
ME Child Care Facilities
CM Child Care Buffer
191
Senior Center Buffer
Excluded Downey Specific Plans
C-P Zoning
C-M Zoning
C-3 Zoning
M C-2 Zoning
_= Downey Parcels

DATE:

TO:

SUBMITTED BY
REVIEWED BY:
�RIC:I��IT►.ZI

PLANNING COMMISSION

IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
SWATI MESHRAM, PHD, AICP, DEP. DIRECTOR OF COMMUNITY

DEVELOPMENT - PLANNING

LINDSAY ORTEGA, AICP, PLANNING CONSULTANT
SUBJECT: ZONING TEXT AMENDMENT (PLN-25-00043) — A CITY INITIATED

REQUEST TO AMEND ARTICLE IX OF THE DOWNEY MUNICIPAL

CODE REGULATING THE LOCATION OF BARS, TAVERNS, PUBS,

NIGHTCLUBS, AND RESTAURANTS WITH LIVE ENTERTAINMENT
LOCATION/ CITYWIDE — VARIOUS ZONES

REPORT SUMMARY
The Zoning Text Amendment (ZTA) proposes to establish new regulations for "bars, taverns, pubs", "nightclubs", and "restaurants with live entertainment". If approved, the ZTA will prohibit bars, taverns, pubs, nightclubs, and restaurants with live entertainment from being established within a 500-foot buffer around "Schools, Public," "Schools, Private," "Child Day Care Centers," "Hospitals," and City operated senior centers. Additionally, the ZTA will modify the definition for such uses to ensure the DMC's land use definitions are aligned with the proposed ZTA. The DMC will continue to require a Conditional Use Permit (CUP) for the establishment of these uses.

Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY

RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT (PLN-25-00043) TO SECTION 9314.04 OF THE DOWNEY

MUNICIPAL CODE TO REGULATE THE LOCATION OF BARS, TAVERNS, PUBS,

NIGHTCLUBS, AND RESTAURANTS WITH LIVE ENTERTAINMENT, AND TO SECTION 9124 TO MODIFY THE DEFINITION OF BAR, AND TO SECTION 9146 TO MODIFY THE DEFINITION OF MICROBREWERIES AND BREWPUBS, AND SECTION 9148 TO ADD THE

DEFINITION OF NIGHTCLUBS

BACKGROUND
On January 14, 2025, the City Council directed staff to initiate a ZTA to regulate the location of businesses whose primary function is focused on the exclusive sale of alcohol or restaurants providing live entertainment. The City Council's direction included amending the DMC to require PC Agenda Page 1
Attachment C

a minimum 500-foot buffer from sensitive uses, such as schools, child-care facilities, senior centers, and hospitals. Per the City Council direction, the buffer would apply citywide, with the exception of the Downtown Downey Specific Plan (DDSP) and the Downey Landing/Promenade Specific Plan areas.

There are thirteen (13) businesses currently operating as bars, or restaurants with live entertainment (Table 1), excluding those operating in Downtown Downey Specific Plan and Downey Landing Specific Plan areas. Nine (9) of the 13 bars listed in Table 1 operate with a Type 40 or 48 California Department of Alcohol and Beverage Control (ABC) license. Of the 9 (nine) bars, seven (7) also provide live entertainment. Four (4) of the 13 businesses are restaurants with live entertainment, operating with a Type 41 or 47 ABC license. None of the 13 businesses identified in Table 1 operate as a nightclub.

The differences between the ABC licenses are as follows:
• Type 40 - authorizes the exclusive sale of beer without the need to offer food service; • Type 48 - authorizes the exclusive sale of beer, wine, and distilled spirits, without the need to offer food service;
• Type 41 - authorizes the sale of beer and wine and the sale of food service is required; and
• Type 47 - authorizes the sale of beer, wine, and distilled spirits and the sale of food service is required.
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N
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Firestone Blvd
13250
2* Anarchy Library C-1 Bar
Type 48
N
Y
Woodruff Ave
756-58 ....
3 Th 'GIah ' tetn�art &:Gray
CA...

Bar
Type 48
N
fed ,.
9106
4 Cali Sports Bar
C-2
Bar
Type 48
N
Y
Telegraph Rd
Guardsman 7850
5 C-P
Bar
Type 48
N
N
Lounge Florence Ave
9560
6 Same Ol' Saloon
C-2
Bar
Type 48
N
Y
Firestone Blvd
Lovefool"Bar/Tr e =, , 067
7 ,
O 2
Bar
Typo 41
1'
h+tNe Irri eial H
8744
8 Casa Blanca Bar
C-2
Bar
Type 40
N
N
Imperial Hwy
The 9370
9 C-2
Bar
Type 40
N
Y
Junction/Hops Telegraph Ind
: 39 ,,,
16 IE 0 C3el Freile
Cam=
R s'aprant �
TYpe
Y
Ftre6ng Blvd
Las Palmas Coco 8060
11 C-P
Restaurant
Type 47
Y
Y
Bono Florence Ave.
11402
Cana by
12 Old River
C-2
Restaurant
Type 47
Y
Y
Tropicana
School Rd
ogina .. 7401 ...
..
'Gloria
T3
C-
C teWant
T e 47,
acaa, Marna Ava ,
Zoning Text Amendment-PLN-25-00043
April 16, 2025 - Page 2
PC Agenda Page 2
Attachment C

Authority to Reaulate Establishments Servina Alcohol and Live Entertainment In 1933, the federal government gave exclusive jurisdiction to the State over the sale, purchase, and possession of alcoholic beverages. In California, this regulatory authority is vested in the California Department of Alcoholic Beverage Control, commonly referred to as "ABC." ABC has the dual responsibility for both the issuance of liquor licenses and the regulation of existing licenses.

Though the cities do not have the authority to regulate liquor licenses, they have the authority to regulate the ancillary aspects of alcohol sales, including land use, without infringing on ABC's authority. Cities may establish general locational and/or operational standards within a jurisdiction's municipal code. An example of a locational standard is establishing the zones in which bars and other similar uses are permitted or prohibited. In addition to establishing zones, cities may also include buffer distances. As a local example, the DMC currently prohibits live entertainment businesses within the C-P zone from locating within 100' of a residentially zoned property.

Examples of operational standards include establishing noise standards, regulating hours of operation, etc. This can be accomplished via adopting operational standards within the DMC, a local example of this would be the DMC Section 4606 (Noise Regulations), or through the use of a CUP. A CUP is a process that a city uses to regulate businesses to ensure that adequate operational conditions are in place, provided as "conditions of approval" (COA).

COAs can provide an effective set of standards specific to each business that are used to prevent impacts to surrounding uses such as noise disturbances and security. The COAs also attempt to reduce the use of City services such as police, fire, and code enforcement assistance. One key COA for businesses serving alcohol is the requirement to develop a comprehensive security plan, reviewed by the Police Department and often the Fire Department.

Bars. Taverns. Pubs. Niahtclubs. and Restaurants with Live Entertainment The City Council's direction is to prepare the ZTA focused on the regulation of businesses whose primary function is the exclusive sale of alcohol and restaurants providing live entertainment. The DMC land uses that most closely correlate to the City Council's direction are the following categories:
- "Bars, taverns, pubs, micro -breweries with food and drink" - "Nightclubs" and
- "Restaurants, caf6, coffee establishments with live entertainment" Zoning Text Amendment -PAN-25-00043
April 16, 2025 - Page 3
PC Agenda Page 3
Attachment C

The terms "bar", "pub", and "tavern" are interchangeable terms that refer to an establishment focused on the sale of alcoholic beverages with or without the sale of food. An establishment that operates as a "bar, tavern, pub," is permitted with a CUP in the C-2, C-3, and C-M Zones.

Businesses that operate as a use categorized as a "restaurant with live entertainment" are permitted with a CUP in the C-P, C-2, C-3, and C-M zones. Table 2 below summarizes the City's current land use table for bars, nightclubs, and restaurants with live entertainment.

As per the City Council direction, the proposed ZTA establishes a new 500-foot buffer requirement for businesses that are classified as a bar, tavern, pub, nightclub or restaurant providing live entertainment. The distance shall be measured from the property line of the sensitive use to the property line of the parcel of the new proposed bar, tavern, pub, nightclub, or restaurant with live entertainment location. The requirement shall be incorporated in the DMC as per the following proposed text:

Shall be a minimum of 500-feet from any "Schools, Public," "Schools, Private," "Child Day Care Center, " "Hospitals, " and City operated senior centers, as measured from property line to property line of the proposed bar, tavern, pub, nightclub, or restaurant with live entertainment.

Staff overlaid a 500-foot radius from "Schools, Public," "Schools, Private," "Child Day Care Center," "Hospitals," and City operated senior centers, onto a City map (Exhibit B) to ensure that the proposed 500-foot buffer large enough to achieve the City's goal, but not so large that they are a de facto prohibition of the uses. Analysis of the map shows there would be several properties on Telegraph Road, Firestone Boulevard, Imperial Highway, Paramount Boulevard, and Lakewood Boulevard where future bars, taverns, pubs, nightclubs, and restaurant with live entertainment locations could be established.

Further analysis of the City map with the radius overlay shows that five (5) of the 13 existing businesses, numbered 1, 3, 7, 10 and 13 on Table 1, would be classified as legal, non -conforming uses should the City adopt the ordinance as proposed. In addition, there are currently 2 existing businesses, numbered 2 and 3 on Table 1, that are also classified as legal, non -conforming uses due to their location in a C-1 zone as the use is no longer permitted in the zone. As with all nonconforming uses, they would be subject to the provisions of DMC Section 9410 (Non- conforming Uses, Buildings, and Structure). Per DMC 9140, Nonconforming uses are not Zoning Text Amendment -PAN-25-00043
April 16, 2025 - Page 4
PC Agenda Page 4
Attachment C

permitted to expand the use, increase the size of the tenant space, or relocate to another tenant space (except if the new location meets the minimum buffer requirements). As with all nonconforming uses, they are permitted to continue operations, provided they are not discontinued for 180 days or more.

Currently, the DMC does not provide a definition for a nightclub. To provide clarity within the DMC, a definition for a `nightclub' will be added to the DMC Section 9148 "N Definitions". The proposed definition is consistent with the definition that already exists in the City's land use documents such as the Downtown Downey Specific Plan. The proposed definition shall read:

An establishment that is open late, generally featuring rrrrrr ic, in conjunction with food andlor drink. A nightclub is ust.i lly distinguished from bars, PUbs or tr vems by the inclusion of a dance floor a nd a DJ booth, where a DJ plays r ec rded dance andpop music. .

Lastly, a modification is also proposed to provide clarification to the definition for "Bar." DMC Section 9124 "N Definitions" is proposed to be modified to add the sections shown in underlined text below:

An alcohol sales establishment where the primary use is the sale and on -site consumption of alcoholic beverages and where secondary uses may include food service andlor live entertainment. rr ent. The premises may contain a counter upon and over which alcoholic beverages, such as beer, wine, and distilled spirits are served. A bar shall mean the same s a t�,rir�ra prrr
Cafes and Coffee Establishments
Cafe and coffee establishment uses are currently categorized together with restaurants. The three uses will remain categorized together, however DMC Section 9314.04 — Table 9.3.5. Commercial Zones Use Regulations — will be modified to exclude cafe and coffee establishments from the proposed 500' buffer from sensitive uses. Cafe and coffee establishments do not customarily sell alcohol and thus do not align with the City Council's direction to regulate uses that primarily focus on alcohol sales.

Micro -breweries with Food and Drink
Micro -breweries with food and drink are currently categorized together with "bars, taverns, and pubs." Micro -breweries are proposed to be identified as an independent land use designation, separate from bars, taverns, and pubs, and would not be subject to the 500-foot buffer distance requirement. Similar to cafe and coffee establishments, micro -breweries with food and drink do not focus primarily on the exclusive sale of alcohol, and therefore do not align with the City Council's direction to regulate uses that primarily focus on alcohol sales. Micro -breweries are required to operate with either a Type 23 or 75 ABC license and are required to offer meals, similar to a restaurant, per current DMC regulation and by ABC for a Type 23 license. The definition for Microbreweries and Brewpubs is proposed to be modified to reflect the existing DMC requirement that the use must offer meals regardless of the ABC license type. Within DMC Section 9314.04 —Table 9.3.5. Commercial Zones Use Regulations —, "Micro -breweries with food and drink" will be renamed to "Microbreweries and Brewpubs" to match the existing DMC definition title in Section 9146.

Zoning Text Amendment -PAN-25-00043
April 16, 2025 - Page 5
PC Agenda Page 5
Attachment C

As such, "Microbreweries and Brewpubs" definition in DMC Section 9146, "M" Definitions, shall be modified to remove the sections shown in stFiLothFe gl and add the sections shown in underlined text below:

Refers to small-scale,breweries that emphasize
traditional brewing methods, fi ::.6 , e mer to as a bona -fide loubfic eetin pj , and that produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons) annually for on -and off -premises consumption. ,,Apub rerl the same as a mi rebrewe
Table 3 provides the proposed modifications to Table 9.3.5 of the DMC to remove the sections shown in stri-ethroug1 , and add the sections shown in underlined text below:
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Use -P .'� - C- 4 "�*/ "`M lies and Exc0tion
Eating and Drinking Establishment
Bar, taverns, pubs,
NP
NP
Ck*
Ck*
C"**
NP
*Shall be located aed a
foGd-4-Rd4 *
r f rRrl
„ ,Y
Pr ate "'I it
Care Center,"
g
ffi k$ . th. £... 6.. ..wI i t.�nE.
p1
bdt
Accessory uses such
as billiards, pool tables,
darts, and game
machines are also
allowed
Micro , re cries
NP
NIA
C
C
C
NP
ShaH be aHowed in
m.
and Brewpubs
estabhshnrients
identified as a bona -
fide �ot ibHc eafinl lr
g y defined in
ction ction 91Call-For4, � an,d it
Se
:

S„S��rz
,,,,�....M.....o.,,,u.....i a
B@ g p
t�yy.;`�{I � 8 F;:,�g�'' �:^? E � Yw..
xF:;:rt
Professions Code
Zoning Text Amendment -PAN-25-00043
April 16, 2025 - Page 6
PC Agenda Page 6
Attachment C

Nightclubs
NP
NP
C**
G"
C**
NP
**&hall be located a
,m,inirnt,irn of 500 feet
fron'-� any """'d"1001s'
Wty
Public," "Sclhools,'
Pnvatel h Hid I'Da
Care Center," and
sen�or
cerit as measured
froIEqpk, 1"y gLjo
ie,
Restaurants, caf6s,
P
P
P
P
P
P
For C-P & H-M zones,
coffee
use shall not exceed
establishments
10% of gross floor
area of building
With alcohol sales
C
C
C
C
C
C
Subject to
Section 9406 if drive-
thru facilities are
provided
Outdoor
seating/dining areas
are subject to Site
With drive-thru
NP
C
C
C
C
NP
Plan Review in
accordance with
Section 9820
*The building housing
a restaurant shall be a
minimum of 100 feet
from the nearest
Restaurants
*
C
NP
C*'Ar
C**
C**
NP
estaMshments
residentially -zoned
with live
property
entertainment
Zoning Text Amendment -PLN-25-00043
April 16, 2025 - Page 7
PC Agenda Page 7
Attachment C

Cafes and coffee
C
NN
C
C
C
Nl
**&,'m all be located c
estat iishn eats
rT,0nirTum'n of 500 Beet.
with live
from a,,I��..w" Z,�C,1 ge ,
en ertainnient.

Public,"l
Sc h olM.�.,
Private" ate ; "Child D
Care Center,"
,.u.l le ss: alul.�.,, yand Ql,„#...
d senior
f E o i n, oLT ` s` 4., 6 i 4' E E E 3 ice... P„o............

Applicability to Specific Plans
A subsequent ordinance will come before the Planning Commission and City Council at a later date to make the same provisions to the City's Rancho Los Amigos Specific Plan and Stonewood Specific Plan. At the direction of the City Council, the proposed buffer requirement excludes any business that operates within the Downtown Downey Specific Plan (DDSP) or the Downey Landing Specific Plan (DLSP). The City Council's direction was to maintain the existing goals and policies of the DDSP and DLSP Specific Plans.

Modification of the City's Specific Plans requires the City as a `lead agency' to consult with California Native American tribes prior to amending a specific plan under Senate Bill 18 (SB 18).

Notices inviting California Native American tribes to consult on the proposed amendments were sent on April 7, 2025. The item to amend the specific plans will be forthcoming at future Planning Commission and City Council noticed public hearings.

PUBLIC NOTICE
On April 3, 2025, a notice of the public hearing was advertised in the Downey Patriot as a'/8th page ad, consistent with DMC Section 9804.06(c)(2).

Direct mailing of the notice was sent to property owners and business operators of all bars, taverns, pubs, nightclubs, and live entertainment establishments within the City.

PUBLIC COMMENTS
As of the date of the publishing of this report, staff has not received any correspondence regarding this application.

Zoning Text Amendment -PAN-25-00043
April 16, 2025 - Page 8
PC Agenda Page 8
Attachment C

CONCLUSION
Based on the analysis contained within this report, staff is concluding that all required findings can be made in a positive manner. As such, Staff recommends that the Planning Commission review the ZTA and recommend the City Council adopt the draft Ordinance.

EXHIBITS
A. Draft Planning Commission Resolution No. 25-4049 recommending City Council Approval B. Draft Buffer Maps
Zoning Text Amendment -PAN-25-00043
April 16, 2025 - Page 9
PC Agenda Page 9
Attachment C

Exhibit A
Resolution No. 25-4049
Downey Planning Commission
RESOLUTION NO. 25-4049

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL

OF AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT
(PLN-25-00043) TO SECTION 9314.04 OF THE DOWNEY

MUNICIPAL CODE TO REGULATE THE LOCATION OF BARS,

TAVERNS, PUBS, NIGHTCLUBS, AND RESTAURANTS WITH LIVE
ENTERTAINMENT, AND TO SECTION 9124 TO MODIFY THE
DEFINITION OF BAR, AND TO SECTION 9146 TO MODIFY THE

DEFINITION OF MICROBREWERIES AND BREWPUBS, AND
SECTION 9148 TO ADD THE DEFINITION OF NIGHTCLUBS

THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare as follows:

A. On January 14, 2025, the City Council directed City Staff to initiate a Zoning Text Amendment to regulate the location of businesses that operate as a bar, nightclub, or an establishment with live entertainment.

B. The State of California has exclusive jurisdiction over sale, purchase, and possession of alcoholic beverages and vested this authority in the Department of Alcoholic Beverage Control (ABC) to issue and regulate liquor licenses.

C. It is the City's desire to further regulate the location of businesses that operate under the uses categorized as a "bar, tavern, pub," "nightclub," and "restaurant with live entertainment" near schools, child care facilities, senior centers and hospitals.

D. On April 3, 2025, a notice of public hearing was published in Downey Patriot as a 1/8t" page ad in accordance with the requirements of the Downey Municipal Code.

E. The Planning Commission held a duly noticed public hearing on April 16, 2025, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of the proposed Ordinance approving the above -entitled zoning text amendment.

SECTION 2. The Planning Commission further finds, determines and declares that the proposed Ordinance was reviewed for compliance with the California Environmental Quality Act (CEQA). The Planning Commission has determined that the proposed Ordinance is exempt from review under CEQA pursuant to CEQA Guidelines PC Agenda Page 10
Attachment C

Exhibit A
Resolution No. 25-4049
Downey Planning Commission
Section 15060(c)(2) because limiting the location of businesses whose primary function is to sell alcohol for on -site consumption, including without limitation bars and nightclubs, and provide live entertainment would not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the proposed Ordinance approving the respective zoning text amendment, the Planning Commission further finds, determines, and declares that:

B. The proposed Ordinance is in general conformance with the General Plan. The amendment to the Downey Municipal Code is consistent with the following goals and policies of the General Plan:

Policy 1.1.4 "Provide an appropriate amount of land area for people to acquire goods and services ".

The zoning text amendment establishes a new land use regulation for "Bars, taverns, pubs," "Nightclubs" and "Restaurants with Live Entertainment", which are required to be at least 500-feet from the nearest school, childcare facility, senior center, and or hospital. When outside of the distance requirement, bars, taverns, pubs, nightclub, and restaurant with live entertainment uses are still permitted in the C-1, C-2 and C-M zones with an approved Conditional Use Permit (CUP). Restaurants with live entertainment would also continue to be Zoning Text Amendment — PLN-25-00043
April 16, 2025 — Page 2
PC Agenda Page 11
Attachment C

Exhibit A
Resolution No. 25-4049
Downey Planning Commission
permitted in the C-P zone with an approved CUP when outside the 500-foot distance requirement. Applying the 500-foot buffer to the City's zoning map demonstrates there is an ample number of properties that would still be permitted for businesses with a primary use categorized as a bar, tavern, pub, nightclub, and restaurant with live entertainment.

Goal 5.9 "Promote the well-being and general health of those that live and work in Downey."
Providing a buffer between new bars, taverns, pubs, nightclubs and restaurants with live entertainment and schools, childcare facilities, senior centers, and hospitals would promote the well-being and general health of minors and the general community by limiting the exposure to alcohol near locations where minors and families are likely to congregate and by limiting the potential for public disturbances.

SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends approval by City Council of the proposed Ordinance approving a zoning text amendment to Sections 9146 and 9314.04 of the Downey Municipal Code, a copy of which is attached hereto as Attachment A'
SECTION 5. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 161" day of April, 2025.

AYES:

NOES:

ABSTAIN:

Mario Guerra, Chair
City Planning Commission
APPROVED AS TO FORM:

John M. Funk
City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Ria loannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on April 16, 2025.

Ria loannidis
Recording Secretary
Zoning Text Amendment — PLN-25-00043
April 16, 2025 — Page 3
PC Agenda Page 12
Attachment C

Exhibit A
Resolution No. 25-4049
Downey Planning Commission

ATTACHMENT A
ORDINANCE NO. 25-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A ZONING TEXT AMENDMENT (PLN-25-00043) TO
SECTION 9314.04 OF THE DOWNEY MUNICIPAL CODE TO REGULATE

THE LOCATION OF BARS, TAVERNS, PUBS, NIGHTCLUBS, AND
RESTAURANTS WITH LIVE ENTERTAINMENT, AND TO SECTION 9124 TO MODIFY THE DEFINITION OF BAR, AND TO SECTION 9146 TO

MODIFY THE DEFINITION OF MICROBREWERIES AND BREWPUBS,
AND TO SECTION 9148 TO ADD THE DEFINITION OF NIGHTCLUBS WHEREAS, on January 14, 2025, the City Council directed City Staff to initiate a Zoning Text Amendment to regulate the location of businesses whose primary use is categorized as a bar, tavern, pub, nightclub, or a restaurant with live entertainment; and WHEREAS, the State of California has exclusive jurisdiction over sale, purchase, and possession of alcoholic beverages and vested this authority in the Department of Alcoholic Beverage Control (ABC), to issue and regulate liquor licenses; and WHEREAS, it is the City's desire to further regulate the location of businesses who operate under the uses categorized as a "bar, tavern, pub," "nightclub," and "restaurant with live entertainment" near schools, child care facilities, senior centers and hospitals; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 16, 2025, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of an Ordinance approving a Zoning Text Amendment to Sections 9146 and 9314.04 of the Downey Municipal Code to regulate the location of new bars, nightclubs, and restaurants with live entertainment and to modify the definition of "Microbreweries and Brewpubs"; and
WHEREAS, on , 2025, a notice of public hearing by the City Council was published in Downey Patriot as a'/ 8t" page ad in accordance with the requirements of the Downey Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on , 2025, to consider this Ordinance approving the proposed Zoning Text Amendment, where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and PC Agenda Page 13
Attachment C

Exhibit A
Resolution No. 25-
Downey Planning Commission
adopted as findings by the City Council.

SECTION 2. The City Council finds and determines that this Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3. The City Council further finds and determines that:

B. The proposed Ordinance is in general conformance with the General Plan. The amendment to the Downey Municipal Code is consistent with the following goals and policies of the General Plan:

Policy 1.1.4 "Provide an appropriate amount of land area for people to acquire goods and services ".

Restaurants with live entertainment would also continue to be permitted in the C-P zone with an approved CUP when outside the 500-foot distance requirement.

Zoning Text Amendment — PLN-25-00043
April 16, 2025 — Page 5
PC Agenda Page 14
Attachment C

Exhibit A
Resolution No. 25-
Downey Planning Commission
Applying the 500-foot buffer to the City's zoning map demonstrates there is an ample number of properties that would still be permitted for businesses with a primary use categorized as a bar, tavern, pub, nightclub, and restaurant with live entertainment.

SECTION 4. Section 9124, "B" Definitions, of the Downey Municipal Code is hereby amended to read as follows:

Bar: An alcohol sales establishment where the primary use is the sale and on - site consumption of alcoholic beverages and where secondary uses may include food service and/or lire entertainment. The premises may contain a counter upon and over which alcoholic beverages, such as beer, wine, and distilled spirits are served. A bar shall mean the same as a tavern or pub.

SECTION 4. Section 9146, "M" Definitions, of the Downey Municipal Code is hereby amended to read as follows:

Microbreweries and Brewpubs: Refers to small -scat , ° de d&Rt -Red breweries that emphasize traditional brewing methods;--fl r d_-p , operate as a nona-fide public eating place, and that produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons) annually for on -and off -premises consumption. A brewpul shail wean the same as a rnic:rob-ewery"...i �� G ..i-R ._ s of-- - br r ri . w be- pul - sta-u F° -a t-4 a "
SECTION 5. Section 9148, "N" Definitions, of the Downey Municipal Code is hereby amended to include a definition for nightclubs read as follows:

Nightclub,, An estabiI si. ment that is open Irate, generaiiy featuring rnt.naic, in conjunction with food and/or drink. A nlghtciub is usually distinguished frown pars, pUbs or taven rns by the inclusion of a dance floor and a DJ booth, where a DJ playa recorded dance and pop music..

SECTION 6. Table 9.3.5. ("Commercial Zones Use Regulations") within Section 9314.04 of the Downey Municipal Code is hereby amended in part to read as follows:

Zoning Text Amendment — PLN-25-00043
April 16, 2025 — Page 6
PC Agenda Page 15
Attachment C

Exhibit A
Resolution No. 25_____
DovvneyP|anningCommioaion
Table 9.3.5. Commercial Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit) Exceptions
Eating and Drinking Establishment
Bar, taverns, pubST
NP
NP
C**
C'
C*'
NP
"Shall be located a
minimi-irn of 500 feet
Care Center
senior
measured frorn the
Accessory uses such
as billiards, pool
tables, darts, and
game machines are
also allowed
and Brewpubs
establishments
Business and
Professions Code
Bakeries
NP
P
P
P
P
NP
Shall have retail
component
other off -sale
alcohol
establishments
Care Center,"
Zoning Text Amendment —PLN-25-0UU43
PC Agenda Page 16
Attachment C

Exhibit A
Resolution No. 25-
Downey Planning Commission
ILI"
,�12,2Lgjg,d senior
i'.,
.i Gel
measured from the
pji�,g,pI3�L,ty HLie to
p ine,
Restaurants,
P
P
P
P
P
P
For C-P & H-M
cafes, coffee
zones, use shall not
establishments
exceed 10% of gross
floor area of building
With alcohol
C
C
C
C
C
C
sales
Subject to
Section 9406 if drive-
With drive-thru
NP
C
C
C
C
NP
thru facilities are
Restaurar"its
C*,
NP
C**
C**
C**
NP
provided
establishnients
with live
Outdoor
entertainment
seating/dining areas
are subject to Site
Cafe's and coffee
C
NP
C
C
C
M")
Plan Review in
establishments
accordance with
with live
Section 9820
entertainment
*The building
housing a restaurant
shall be a minimum
of 100 feet from the
nearest residentially -
zoned property
**Shall be located a
ri,�inimi,,�rn of 500 -feet
i " "Sch 001's.

Private," "Child L'Lu
Care Cent
measured from the
n e.

SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the Zoning Text Amendment — PLN-25-00043
April 16, 2025 — Page 8
PC Agenda Page 17
Attachment C

Exhibit A
Resolution No. 25-
Downey Planning Commission
remaining portion of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase of portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

SECTION 8. The City Council hereby directs staff to prepare, execute, and file with the Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this _ day of , 2025
HECTOR SOSA, Mayor
ATTEST:

MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, the _ day of _, 2025 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.

MARIA ALICIA DUARTE, CMC
City Clerk
Zoning Text Amendment — PLN-25-00043
April 16, 2025 — Page 9
PC Agenda Page 18
Attachment C

Exhibit B
Bars, Nightclubs and Restaurants with Live
Entertainment Locations I/\
M�
Prepared by
( 6,-
SA,9ESREST
I* Stardust Club
C-2
2'
Anarchy Library
C-1
3'
The Glen
C-1
4 JC Tavern
C-2
Guardsman Lounge
C-P
—5
6 Same Ol'Saloon
C-2
7 Lovefool Bar/The Shuttle
C-2
8 Casa Blanca Bar
C-2
9 The Junction/Hops
C-2
10 El Salto Del Fraile
C-2
11 Las Palmas Coco Bongo
C-P
12 Cana by Tropicana
C-2
—13
Gloria's Cocina Mexicana
C-2
Note: Establishments with "I" afe legal., non -conforming A-

10. r-�
mej 4ms j
E
= Bars and Nightclubs
M Schools
Live Entertainment
IN Downey Specific Plans
Hospital Buffer
Excluded Specific Plans
__)p senior Center Buffer
C-P Zoning
Child Care Buffer
C-M Zoning
School Buffer
C-3 Zoning
Hospitals
C-2 Zoning
C t
MMA&Wa Page 19
Attachment C

Exhibit B
Bars, Nightclubs and Restaurans with Live
Entertainment Locations
District 1

EMMIMMMEMME
Anarchy Library
Casa Blanca Bar
Prepared by
000
uo
El CityoSAGECREST
fDowney
4 = Bars and Nightclubs
Live Entertainment
Hospital Buffer
III Senior Center Buffer
Child Care Buffer
School Buffer
Hospitals
Senior Center
Child Care Facilities
M Schools
Downey Specific Plans
Excluded Specific Plans
C-P Zoning
C-M Zoning
C-3 Zoning
C-2 Zoning
C-2 Zoning
PC Agenda Page 20
Attachment C

E-WULB
Bars, Nightclubs anil Kestaurants with Live
Entertainment Locations District 2
OF
Syld
ez<
Prepared by
CityofSAGECREST
Downey
12 4W
= Bars and Nightclubs IM Schools
Live Entertainment IM Downey Specific Plans
................. I Hospital Buffer
= Bars and Nightclubs IM Schools
Live Entertainment IM Downey Specific Plans
................. I Hospital Buffer
Excluded Specific Plans
I; senior Center Buffer
C-P Zoning
Child Care Buffer
C-M Zoning
EM School Buffer
C-3 Zoning
Hospitals
C-2 Zoning
Senior center
C-2 Zoning
CIPE)re/k Vonda Page 21
Attachment C

E-WULB
Bars, Nightclubs anil Kestaurants with Live
Entertainment Locations District 3
E=MMIEM�MMM
Stardust Club
El Salto Del Fraile
Gloria's Cocina Mexicana
M�a
Prepared by
goo
Bars and Nightclubs
IM Schools
Live Entertainment
IM Downey Specific Plans
...............
% . . ... .... .. Hospital Buffer
;V,1,0, Excluded Specific Plans
Senior Center Buffer
C-P Zoning
Child Care Buffer
C-M Zoning
School Buffer
C-3 Zoning
Hospitals
C-2 Zoning
Senior center
C-2 Zoning
CIP&A hnda Page 22
VL
Attachment C

E-WULB
Bars, Nightclubs anil Kestaurants with Live
Entertainment Locations District 4
The Junction/Hops
Mt/
Prepared by
goo
Hospital Buffer
. .. ... . .

Senior Center Buffer
Child Care Buffer
School Buffer
Hospitals
Senior center
Excluded Specific Plans
M C-P Zoning
C-M Zoning
C-3 Zoning
C-2 Zoning
C-2 Zoning
,Opor, Aphda Page 23
Attachment C

Downey City CouncilMay 13, 2025

Downey City Council
May 13, 2025