CONDITIONAL USE PERMIT NO. 26-01
ADMINISTRATIVE PERMIT NO. 26-12
MINOR SITE PLAN REVIEW NO. 26-26

CEQA EXEMPTION TYPE SECTION 15301 (CLASS 1, EXISTING FACILITIES)
APPLICANT: CHOIX ENTERPRISE THREE, LLC
LOCATION: 610 S SUNSET, WEST COVINA CA 91790
REQUEST:CONSIDERATION OF CONDITIONAL USE PERMIT NO. 26-01, ADMINISTRATIVE PERMIT NO. 26-12, AND MINOR SITE PLAN REVIEW NO. 26-26 TO ESTABLISH A NEW RESTAURANT USE WITH LIVE ENTERTAINMENT AND ADDITION OF AN ENCLOSED PATIO FOR DINING

It is recommended that the Planning Commission adopt Resolution No. 26-6182, approving Conditional Use Permit No. 26-01, Administrative Permit No. 26-12, and Minor Site Plan Review No. 26-26, subject to the Conditions of Approval, and finding the project categorically exempt from CEQA pursuant to Section 15301 (Class 1, Existing Facilities), as the project involves a restaurant with live entertainment within an existing commercial structure with minor interior and exterior alterations.

The subject site is located at 610 S Sunset Ave, at the southeast corner of Sunset Avenue and Plaza Drive, in the City of West Covina. The parcel is approximately 42,279 square feet and is currently developed with an 11,720 square foot commercial building. The existing building was previously occupied by Sears Auto Center. 

The subject property is located within the Downtown Plan and Code and is zoned T-4 General Urban (T4-GU).

Item	Description
General Plan	Commercial (C)
Zoning	General Urban (T4-GU)
Surrounding Land Uses Zoning	North:   General Urban (T4-GU), Downtown Plan & Code East:     General Urban (T4-GU), Downtown Plan & Code  South:   General Urban (T4-GU), Downtown Plan & Code  West:    Civic Zone
Legal Notice	Public Hearing Notices have been sent to property owners within 500 feet of the subject site.

 

The applicant is requesting approval of a Conditional Use Permit (CUP) to allow live entertainment in conjunction with the operation of a new full-service seafood restaurant called Mariscos Choix. The project proposes interior and exterior renovations to approximately 8,288 square feet of the existing 11,720 square foot building. Improvements include a new 3,017 square foot, enclosed patio for dining, architectural façade improvements, landscaping upgrades, and associated on-site improvements. The enclosed patio will be located entirely on private property and will comply with requirements established in the Zoning Code and Downtown Code.  The remaining 3,432 square foot area of the existing building is proposed for future conversion into a restaurant/café with outdoor dining under a separate administrative application. 
The proposed improvements do not exceed the 50 percent (50%) addition threshold established under Section 1.2C.1(b) of the Downtown Code for nonconforming structures and therefore do not trigger compliance with all the provisions established in the Downtown Code. The overall mall site has a surplus of approximately 336 parking stalls, and the minimal parking reduction associated with the proposed improvements is not expected to adversely affect mall businesses.

The project requires multiple approvals. Alcoholic beverage service within a restaurant and outdoor dining require approval of an Administrative Permit (AP), while the addition to the existing building requires a Minor Site Plan Review (MSPR). Although the AP and MSPR are generally approved administratively, the proposed live entertainment requires a CUP for Planning Commission review and approval. Because the project includes multiple applications, the application requiring the highest level of review establishes the review process for the project. Accordingly, the CUP establishes the review path for the proposed project.

The Downtown Plan and Code allows restaurants with alcohol service within the General Urban (T4-GU) Zone. Live entertainment in conjunction with a restaurant is permitted subject to approval of a CUP. The proposed live entertainment is intended to remain accessory and incidental to the primary restaurant use.

Business Operation

Mariscos Choix will operate as a full-service, family-oriented restaurant. The proposed hours of operation are from 10:00 a.m. to 2:00 a.m., seven days a week.

Live entertainment will be provided on any day of the week only during the restaurant's approved operating hours and while the restaurant is actively operating as a full-service dining establishment. The regular food menu will remain available, and full table service will be provided during live entertainment. Entertainment will not occur before the restaurant opens or continue after the restaurant closes.

The proposed operational characteristics are intended to maintain the establishment primarily as a restaurant rather than as a nightclub or standalone entertainment venue. No permanent or temporary stage, raised platform, permanent DJ booth, or designated dance floor is proposed.
    
Live Entertainment

The requested live entertainment consists of live musical performances, temporary mobile DJ programming, and televised or streamed sporting and special-event programming, including lawfully licensed pay-per-view events. Televisions and projectors may be installed throughout the restaurant for such programming.

Live musical performances may include cultural and contemporary music formats such as mariachi, norteño, sierreño, and similar styles.

Live music will occur only within the main dining room, enclosed private dining room, and the proposed enclosed patio areas, as identified on the floor plan.  When using a mobile DJ, all audio equipment will be located and operated only inside the restaurant. 

No entertainment shall occur within the parking lot, fire lane, public right-of-way, or any area outside the approved restaurant and patio boundaries, without an approved Temporary Use Permit.

Live musical presentations will consist of a solo performer or ensemble. Ensembles are typically composed of five to eight musicians, depending on the type of musical group.

No more than two live music or DJ presentations will occur simultaneously. When two presentations occur simultaneously, one presentation shall be held in the enclosed private dining room, with the doors kept closed except for normal guest access, service, and emergency egress. The second presentation shall be located within either the main dining room or the approved patio entertainment area.

No more than sixteen live musicians shall perform on the premises at any one time. A mobile DJ shall count as one live music or DJ presentation. When a mobile DJ and a live music presentation occur simultaneously, the live music presentation shall be limited to no more than eight musicians.

All entertainment equipment and electrical cables will be secured and located so as not to obstruct an exit, aisle, accessible route, fire-life-safety equipment, service path, or other required clearance. A mobile DJ setup will not require a stage, a permanent booth, a designated dance floor, or the removal of restaurant seating beyond the limited area necessary for the DJ equipment.

Integrated Sound System and Noise Control

The restaurant will utilize a permanently installed, distributed, management-controlled sound system serving the interior and approved patio areas.

Performer- or DJ-supplied PA loudspeakers, speaker towers, subwoofers, or other portable sound-reinforcement systems will not be permitted.  Performers may use ordinary musical instruments, microphones, mixers, and DJ controllers. Acoustic instruments may be performed without amplification; however, whenever amplification is utilized, amplified program audio shall be routed exclusively through the restaurant's approved house sound system.

All amplified sound and live entertainment shall comply with the applicable provisions of the West Covina Municipal Code and the Conditions of Approval associated with the Conditional Use Permit. The proposed sound-control measures, limitations on entertainment locations, and management oversight are intended to minimize potential noise impacts associated with live entertainment.

The restaurant’s sound system will provide management with complete volume controls for the private dining room, main dining room, and patio areas at all times. The restaurant shall ensure that a manager who can communicate effectively in English with City staff and police is available at all times during live entertainment on the premises.  Restaurant management shall reduce, mute, relocate, or discontinue amplified sound when necessary, or at the request of the City or police, to address verified noise concerns or prevent unreasonable disturbances to surrounding properties.
 

1.     That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.  The proposed live entertainment is desirable because it will complement the operation of a new full-service restaurant and provide an additional dining and entertainment amenity within the Downtown area.  The Downtown Plan and Code encourage a wide variety of commercial uses, including sit-down restaurants, and allow live entertainment within the General Urban (T4-GU) Zone subject to approval of a Conditional Use Permit. The proposed live entertainment will be accessory to the restaurant operation and will provide additional dining and entertainment options for residents and visitors.  The proposed use will contribute to the vitality of the Downtown area, complement surrounding commercial uses, and support the City's goal of maintaining and enhancing West Covina's regional appeal.

2.    That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.  Potential impacts associated with noise, parking, and other operational characteristics of live entertainment have been evaluated.  The proposed live entertainment will operate only in conjunction with the full-service restaurant and will be limited to the proposed restaurant’s interior and patio dining areas, as shown on the Conditional Use Permit application floor plan. No permanent stage, permanent DJ booth, or designated dance floor is proposed.  Amplified sound will be provided through a management-controlled house sound system, and portable PA speakers, speaker towers, subwoofers, and similar portable sound-reinforcement systems are not permitted under this approval. Conditions of Approval will regulate the location, intensity, amplification, and operation of live entertainment and require compliance with applicable City noise regulations.  With the implementation of the Conditions of Approval, the proposed live entertainment is not anticipated to be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity, or to be injurious to surrounding property or improvements.

3.    That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.  The existing commercial building, proposed outdoor dining areas, and associated site improvements are adequate in size and configuration to accommodate the restaurant and accessory live entertainment.  Entertainment will be limited to areas within the restaurant and patios. No permanent stage or dance floor is proposed, and entertainment equipment will be required to maintain all exits, aisles, accessible routes, fire-life-safety equipment, and required clearances.  The proposed live entertainment does not independently increase the restaurant's parking requirement. Required parking will be provided through the on-site parking area, which has surplus parking.  Therefore, the site is adequate in size and configuration to accommodate the proposed use and associated operational characteristics.

4.    That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.  The subject property is located at the southeast corner of Sunset Avenue and Plaza Drive and has access from both.  The addition of live entertainment as an accessory component of the restaurant is not anticipated to materially increase traffic generation beyond that normally associated with the restaurant use.  The streets serving the project site are adequate to accommodate traffic generated by the proposed use, and access to the site does not require directing traffic through local residential streets.  Therefore, the surrounding street system is adequate to accommodate the proposed use.

5.    That the granting of such a Conditional Use Permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.  The subject property has a General Plan land use designation of Commercial and is located within the General Urban (T4-GU) Zone of the Downtown Plan and Code.  The proposed live entertainment will operate in conjunction with a full-service restaurant and is a conditionally permitted use within the applicable zoning district.  Approval of the Conditional Use Permit will not conflict with the Commercial General Plan designation or the Downtown Plan and Code and will further General Plan Policy 2.1, which seeks to maintain and enhance the City's tax base, and Policy 2.4, which seeks to build upon and grow West Covina's regional appeal.  Therefore, granting the Conditional Use Permit will not adversely affect the West Covina General Plan or other applicable adopted plans of the City.
 

The City's General Plan Land Use Element designates the subject property for Commercial uses. The proposed restaurant with accessory live entertainment is consistent with this designation and supports the following General Plan policies:



Policy 2.1: Maintain and enhance the City's current tax base.
The proposed restaurant will occupy and improve an existing commercial property and provide an additional commercial use within the Downtown area.

Policy 2.4: Build on and grow West Covina's regional appeal.
The proposed full-service restaurant and accessory live entertainment will provide additional dining and entertainment opportunities that may attract residents and visitors to the Downtown area
 

Pursuant to the California Environmental Quality Act (CEQA), the proposed project is categorically exempt pursuant to Section 15301 (Class 1, Existing Facilities), in that the project involves the operation of a restaurant with live entertainment within an existing commercial structure together with minor interior and exterior alterations associated with the proposed use.

Planning staff recommends that the Planning Commission adopt Resolution No. 6182 approving Conditional Use Permit No. 26-01, Administrative Permit No. 26-12, and Minor Site Plan Review No. 26-26 subject to the Conditions of Approval contained therein.

The City Attorney’s Office has reviewed the staff report and resolution and approved them as to form.

The options available to the Planning Commission are as follows:

Adopt the resolution; or
Provide alternative direction.