AGENDA
ITEM NO. 4
DATE: September 26, 2023
ITEM NO. 4
DATE: September 26, 2023
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
REVOCATION AND/OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 15-05 AND ADMINISTRATIVE USE PERMIT NO. 15-09
CATEGORICAL EXEMPTION
PERMITTEE: Eric Roque of Rebel Yell Bar and Steakhouse
ADDRESS: 2050 S. Valinda Avenue (REBEL YELL BAR AND STEAKHOUSE)
CATEGORICAL EXEMPTION
PERMITTEE: Eric Roque of Rebel Yell Bar and Steakhouse
ADDRESS: 2050 S. Valinda Avenue (REBEL YELL BAR AND STEAKHOUSE)
BACKGROUND
Rebel Yell Bar and Steakhouse is located in the Stater Brothers Shopping Center at the northeast corner of Amar Road and Valinda Avenue. The 1,075 square foot restaurant tenant space faces Valinda Avenue and is approximately 40 feet from the adjacent single-family residential properties along Dore Street. Rebel Yell Bar and Steakhouse was approved as a restaurant with on-sale service of alcohol and live entertainment through Administrative Use Permit No. 15-09 and Conditional Use Permit No. 15-05 in 2015 (Resolution Nos. 15-5783 and 15-5784, Attachment Nos. 1 and 2). The approval of extended hours of operation (Sunday through Wednesday from 6 am to 12 am and Thursday through Saturday from 6 am to 2 am) was granted by the Planning Commission in 2018 (Resolution No. 18-5971, Attachment No. 3).
The table below summarizes the site's basic profile and legal public hearing notification required for this process.
| ITEM | DESCRIPTION |
| Zoning and General Plan | Zoning: "Neighborhood Commercial" (N-C) General Plan: "Commercial" |
| Surrounding Land Uses and Zoning | North: "Single-Family Residential" (R-1); Single-Family Residences East: "Single-Family Residential" (R-1); Single-Family Residences South: County of Los Angeles; Single-Family Residences West: County of Los Angeles; Single-Family Residences |
| Legal Notice | Notices of Public Hearing have been mailed to 75 owners and occupants (including Permittee) of properties within 300 feet of the subject site. In addition, the public hearing notice was published in the San Gabriel Valley Tribune at least ten (10) days prior to tonight's meeting. In addition, the Permittee was notified on August 29, 2023 by telephone and on August 31, 2023 by email/mail. |
DISCUSSION
The West Covina Municipal Code (WCMC) establishes a process for the revocation or modification of administrative use permits (AUP) and conditional use permits (CUP). The Planning Commission may revoke an AUP and/or CUP found to be detrimental to public health, safety, or welfare or a nuisance; or out of compliance of the conditions of approval, in violation of the required findings for permits, or the use is not being operated in the manner or the purpose contemplated by the approval of the permit (WCMC Chapter 26, Article 6, Division 12).
The West Covina Police Department (WCPD) records indicate that there have been over 200 calls for service at the Rebel Yell location since July 2021, which includes, but not limited to, over 50 disturbance/noise disturbance calls (Attachment No. 4). In addition, increased patrol for the area has been necessary for public safety due to the operation of Rebel Yell. Copies of police reports prepared for reported crimes are included in the staff report (Attachment No. 5). Letters and/or emails from residents in support of the AUP/CUP revocation are being provided as Attachment No. 6 to this report.
Upon a request from the WCPD, the Community Development Director and Planning Manager have initiated the revocation proceedings per WCMC Section 26-297.08, due to evidence provided that the business operation is detrimental to the public health, safety, or welfare, is a public nuisance, and is not in compliance with the following conditions of approval:
The West Covina Police Department (WCPD) records indicate that there have been over 200 calls for service at the Rebel Yell location since July 2021, which includes, but not limited to, over 50 disturbance/noise disturbance calls (Attachment No. 4). In addition, increased patrol for the area has been necessary for public safety due to the operation of Rebel Yell. Copies of police reports prepared for reported crimes are included in the staff report (Attachment No. 5). Letters and/or emails from residents in support of the AUP/CUP revocation are being provided as Attachment No. 6 to this report.
Upon a request from the WCPD, the Community Development Director and Planning Manager have initiated the revocation proceedings per WCMC Section 26-297.08, due to evidence provided that the business operation is detrimental to the public health, safety, or welfare, is a public nuisance, and is not in compliance with the following conditions of approval:
Resolution No. 15-5783
d) The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code.
f) The business owner and manager of the establishment shall be strictly accountable for compliance with all conditions imposed as part of this conditional use permit, whether or not the owner or the manager are personally present at the location.
r) Security personnel will patrol the surrounding parking lot and vicinity to ensure patrons are neither loitering nor causing undue disturbance.
Resolution No. 15-5784
f) The business owner and manager of the establishment shall be strictly accountable for compliance with all conditions imposed as part of this conditional use permit, whether or not the owner or the manager are personally present at the location.
l) The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code.
t) In the event that the surrounding residents or businesses are negatively impacted due to the live entertainment, the Planning Commission may review the conditional use permit for live entertainment and may, at its discretion, modify or impose new conditions or suspend or revoke the conditional use permit to Section 26-253 of West Covina Municipal Code.
Resolution No. 18-5971
d) The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code.
f) The business owner and manager of the establishment shall be strictly accountable for compliance with all conditions imposed as part of this conditional use permit, whether or not the owner or the manager are personally present at the location.
r) Security personnel will patrol the surrounding parking lot and vicinity to ensure patrons are neither loitering nor causing undue disturbance.
Police Department Requirements included in Resolution Nos. 15-5783, 15-5784, and 18-5971:
a)/ff) The applicant shall install a CCTV monitoring system, which is subject to inspection prior to opening. The requirements are as follows:
- 960H (960 x 480) recording resolution
- H.264 video compression
- Real-time recording 30 fbs per channel @ 960 resolution
- 2048 bit rate
- 1 TB hard disk drive at a minimum and larger if the number of cameras requires more storage to meet the 30 day storage minimum
- Fixed cameras with complete coverage of areas that do not infringe on the privacy of patrons, PTZ (pan, tilt, zoom) optional
- Recordings preserved for a minimum of 30 days (30 day loop minimum)
- DVR must contain a USB port for police department personnel to easily access the system and download video.
Per WCMC Section 26-297.14, the Planning Commission is required to hold a duly noticed public hearing open for public participation in the following manner:
- The Planning Commission is considered the hearing body and shall act as an independent arbiter in the conduct of the hearing, procedures, presentation of evidence, review of evidence, and issuing a decision.
- City staff, city attorney, or other city representatives shall first present the evidence for the cause of revocation. After the city presentation is complete, the Permittee may present evidence in opposition to revocation. After the city representative and the permittee have completed their presentations, members of the public may speak for or against the revocation.
- All witnesses shall be sworn or unsworn at the discretion of the Planning Commission Chair.
- Cross-examination of witnesses is not required unless, at the discretion of the hearing body, cross-examination is necessary to provide a fair hearing and due process of law. Cross-examination of members of the public who speak shall not be allowed unless the hearing body determines that cross-examination is necessary to avoid a prejudicial denial of due process.
- All documents, testimony and other evidence presented to the hearing body shall constitute the administrative record upon which the hearing body shall make its decision.
- The representatives of the cause for revocation shall be allowed to present a final argument or rebuttal argument shall only be allowed at the discretion of the Planning Commission Chair.
At the conclusion of the hearing, the Planning Commission shall publicly deliberate on the merits of the cause of revocation. The Planning Commission may take the following actions:
- Revoke both AUP for on-sale alcohol service and CUP for live entertainment; or
- Revoke the AUP and allow the CUP to remain active with new/additional conditions; or
- Allow both the AUP and CUP to remain active and impose new or additional conditions on the AUP and CUP; or
- Determine that sufficient evidence was not provided to result in a revocation or change in conditions of approval; the AUP and CUP will remain active without any changes in the conditions of approval.
A draft resolution reflecting the Planning Commission's decision will be prepared and included in the agenda for the next scheduled Planning Commission meeting. The Planning Commission will be required to review and approve the resolution with the rendered decision.
Appeal Process for Planning Commission Decision
Per Section 26-297.18 of the WCMC, the Planning Commission's decision may be appealed to the City Council by any interested party within 10 days of the approval of the written decision. The appeal must be submitted to the City Clerk Office in writing and must include specific reasons for the appeal. The appeal is required to be accompanied by the appeal fee set by the City Council resolution. In addition, any appellant is required to deposit 1/2 of the estimated cost of the preparation of the administrative records for the city council appeal. Failure of the appellant to submit the required deposit within 10 calendar days of notification is considered a waiver and termination of the appeal. A valid appeal will suspend and set aside any decision made by the Planning Commission.
ALCOHOL LICENSE STATUS (STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL)
Alcoholic Beverage Control (ABC) License Suspension
The ABC license for Rebel Yell has been suspended two times:
Appeal Process for Planning Commission Decision
Per Section 26-297.18 of the WCMC, the Planning Commission's decision may be appealed to the City Council by any interested party within 10 days of the approval of the written decision. The appeal must be submitted to the City Clerk Office in writing and must include specific reasons for the appeal. The appeal is required to be accompanied by the appeal fee set by the City Council resolution. In addition, any appellant is required to deposit 1/2 of the estimated cost of the preparation of the administrative records for the city council appeal. Failure of the appellant to submit the required deposit within 10 calendar days of notification is considered a waiver and termination of the appeal. A valid appeal will suspend and set aside any decision made by the Planning Commission.
ALCOHOL LICENSE STATUS (STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL)
Alcoholic Beverage Control (ABC) License Suspension
The ABC license for Rebel Yell has been suspended two times:
- July 12, 2023 - indefinite suspension due to state tax delinquency (suspension has recently been lifted).
- October 8, 2019 - 20 day suspension due to the business owner and ABC license holder (Eric Roque) being charged as an accessory to a crime. Mr. Roque pled guilty to hiding a stolen firearm for an employee (restaurant security guard - Christopher Floyd) who fled into Rebel Yell while under surveillance by Los Angeles County Sheriff's deputies for a vehicle stripping call. According to the ABC investigation report, Mr. Roque informed the Sheriff's deputies that the premises video cameras were not functioning but gave deputies permission to access the video surveillance. Mr. Roque confessed to being involved in hiding the weapon. The deputies were able to access the video surveillance and observed Mr. Floyd giving the firearm to another employee to hide. The employee handed the firearm to her boss, Mr. Roque, who took possession of it, went to the back office, and returned without the firearm. A copy of the ABC Report is included as Attachment No. 7.
REQUIRED FINDINGS
Based on the police reports, call for service logs, and complaints presented by the neighboring residents, Planning staff is recommending the revocation of Administrative Use Permit No. 15-09 and Conditional Use Permit No. 15-05. The Municipal Code Section 26-296.06 provides the following grounds for revocation:
On the basis of evidence presented, both oral and documentary, it is recommended that the following determinations for the revocation of the AUP and CUP be made:
(a) and (e) - The use is detrimental to the public health, safety, and welfare, and is a nuisance. The City has received numerous complaints from the neighboring residents in regard to noise and loitering due to the operation of Rebel Yell. Emails from neighbors who reside near the use/restaurant that are affected by noise and activities generated by the facility are included in the staff report (Attachment No. 6) as evidence. This evidence indicates that noise and activities generated by the use significantly interfere with the quality of life of residents in the vicinity of the use/restaurant.
The Police Department has also received numerous calls for service pertaining to noise and crime/event reports related to the operation of the restaurant, including:
(a) The use is detrimental to the public health, safety or welfare or is a nuisance; or
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or
(d) The use has ceased or been suspended for a period of six (6) months or more; or
(e) The conditions of approval have not been complied with; or
(f) The required findings for the permit have been violated; or
(g) The use is not being operated in the manner or for the purpose contemplated by the approval of the permit.
(h) The development entitlement dependent thereon has been revoked or suspended.
(I) The use is being operated in violation of federal, state or local law which results in detriment to the public health, safety or welfare.
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or
(d) The use has ceased or been suspended for a period of six (6) months or more; or
(e) The conditions of approval have not been complied with; or
(f) The required findings for the permit have been violated; or
(g) The use is not being operated in the manner or for the purpose contemplated by the approval of the permit.
(h) The development entitlement dependent thereon has been revoked or suspended.
(I) The use is being operated in violation of federal, state or local law which results in detriment to the public health, safety or welfare.
On the basis of evidence presented, both oral and documentary, it is recommended that the following determinations for the revocation of the AUP and CUP be made:
(a) and (e) - The use is detrimental to the public health, safety, and welfare, and is a nuisance. The City has received numerous complaints from the neighboring residents in regard to noise and loitering due to the operation of Rebel Yell. Emails from neighbors who reside near the use/restaurant that are affected by noise and activities generated by the facility are included in the staff report (Attachment No. 6) as evidence. This evidence indicates that noise and activities generated by the use significantly interfere with the quality of life of residents in the vicinity of the use/restaurant.
The Police Department has also received numerous calls for service pertaining to noise and crime/event reports related to the operation of the restaurant, including:
- May 24, 2023 - WCPD responded to a disturbance call regarding a bartender beating up a customer.
- January 28, 2023 - WCPD responded to a call regarding a bar fight.
- December 29, 2022 - WCPD responded to a call regarding 4 to 6 gun shots heard coming from the area.
- December 19, 2022 - WCPD responded to a report regarding a rape that occurred at Rebel Yell.
- November 2, 2022 - WCPD responded to a call of a person throwing a bottle that hit another person on the head.
- April 2, 2022 - WCPD responded to a call of someone pulling out a semi-automatic pistol.
- January 27, 2022 - WCPD responded to a call of someone with a knife trying to fight the reporting party who was hiding in the restroom.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), this item is considered to be categorically exempt, pursuant to Sections 15301 (Class 1, Existing Facilities) and 15321 (Class 21, Enforcement Actions by Regulatory Agencies).
LEGAL REVIEW:
It is recommended that the Planning Commission hold the public hearing, review all evidence presented, consider testimony from all parties present, and vote to revoke Administrative Use Permit No. 15-09 and Conditional Use Permit No. 15-05.
Submitted by:
Jo-Anne Burns, Planning Manager
Attachments
- Attachment No. 1 - Resolution No. 15-5783
- Attachment No. 2 - Resolution No. 15-5784
- Attachment No. 3 - Resolution No. 18-5971
- Attachment No. 4 - West Covina Police Department Calls for Service Log
- Attachment No. 5 - Police Reports
- Attachment No. 6 - Letters from neighbors
- Attachment No. 7 - ABC Report