ITEM 10.1 - PUBLIC HEARING
CDP AND CUP FOR BEER AND WINE
SALES (ABC TYPE-41) AND LIVE
ENTERTAINMENT AT AN EXISTING
RESTAURANT (LA MALQUERIDA BY
DOLCHE) LOCATED AT 1524
MCKINLEY AVENUE.
2025-12 CUP CDP
Overhead
Site Characteristics
La Malquerida by Dolche
Existing 1,400 square foot restaurant with 700 square foot outdoor patio Previous Alcohol and Live Entertainment CUP in 2018 (Westside Story) 10:00 a.m. to 10:00 p.m. daily
Discontinued
Located on the north end of McKinley Avenue near West 14th Street Medium Manufacturing in the Coastal Zone
Surrounded by industrial uses
Properties directly abutting the restaurant are industrial One residential property located to the north
Front View
Back Patio
Proposal
The business is proposing beer and wine sales (ABC Type-41) and live entertainment at the restaurant Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily Proposed hours for live entertainment (DJs, Bands, Mariachi, Trio) Indoor: 8:00 a.m. to 11:30 p.m. daily
Outdoor: 8:00 a.m. to 10:00 p.m. daily
Floor plan indicates the dining area and proposed live entertainment 40 seats available in the dining area
Floor Plan Live Entertainment
Live
Entertainment
Staff Analysis
NCMC 18.30.050 allows for alcohol sales for on-site consumption and live entertainment with approved CUP Additional requirements for alcohol CUPs:
Mailing – owners/occupants within 660 ft. (55)
Community meeting – Held May 8th, 2025 – No attendees Census Tract 219– 17 on-sale license where two are recommended Considered overconcentrated
219 west of National City Boulevard between Division Street and south City boundary Distance requirements – Not applicable for restaurants with 30% of their floor area dedicated to seating La Malquerida has 50% of their floor area dedicated to seating Not located within 660 feet of a public school
Adhere to City Council Policy 707
Standard conditions
Staff Analysis – Hours of Operation
Proposed Hours
Alcohol
8:00 a.m. to 12:00 a.m. (midnight) daily.
Live Entertainment
Indoor: 8:00 a.m. to 11:30 p.m. daily
Outdoor: 8:00 a.m. to 10:00 p.m. daily
Previous approval
Alcohol and live entertainment
10:00 a.m. to 10:00 p.m. daily
Staff Recommendation
Live Entertainment
Indoor: 10:00 a.m. to 11:30 p.m. daily
Outdoor: 10:00 a.m. to 10:00 p.m. daily
Staff Analysis – Hours of Operation
Recent Approvals
Business Alcohol Live entertainment Approved
Mariscos El Tiburon 9am-10pm Sun-Thurs
9am-11pm Fri-Sat
4pm-10pm Fri & Sat
4pm-11pm Sun
2024
Mariscos La Capital 8am-11:30pm daily N/A 2024
Friends of Friends 6am-1am daily 12pm-10pm Sun-Thurs
12pm-11:30pm Fri-Sat
2023
Market on 8th 6am-1am daily Outdoor: 3pm-8pm Mon-Thurs
12pm-9pm Fri-Sun
2022
Comments:
Police Department (PD)
Risk Assessment – 15 points
Medium Risk – 13 to 18 points
Assigns points based on type of business, license concentration, calls for service, etc. Comment related to exterior lighting
Institute for Public Strategies (IPS)
Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff Require that the restaurant provide breakfast, lunch, and dinner through 12:00 am daily. Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license.
Conditions
Standard Conditions of Approval
Conditions specific to on-site alcohol sales per Council Policy 707 Hours of operation
Responsible Beverage Service and Sales (RBSS)
Alcohol sales remain accessory to the restaurant
Application-specific conditions
Live entertainment
Doors and windows to remain closed
No advertised events
Hours of live entertainment
Title 12 (Noise)
PD Comment
Exterior lighting
Coastal Zone
The restaurant is located within the Coastal Zone
Typically area west of Interstate 5
The zoning map indicates the lot as Medium Industrial (IM) Land Use Code Update (2011) is not yet active in the Coastal Zone Previous zoning (MM) would apply
Discretionary projects in the Coastal Zone require a Coastal Development Permit (CDP) Additional finding related to consistency with the Local Coastal Plan Included in the attached Resolution
Summary
Proposed use is consistent with the General Plan
Alcohol sales for on-site consumption and live entertainment are a conditionally-allowed uses in MMCZ zone Alcohol sales and live entertainment would be accessory to the business in an industrial area Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts
Additional conditions addressing concerns related to live entertainment Options
• Find project exempt from CEQA & approve 2025-12 CUP CDP based on findings listed in the draft resolution / findings determined by the City Council; or • Find project not exempt from CEQA and/or deny 2025-12 CUP CDP based on findings listed in the draft resolution / findings determined by the City Council; or • Continue the item for additional information
• Staff recommending approval