PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Jennifer Villasenor, Community Development Director
BY: Hayden Beckman, Senior Planner
SUBJECT:
title
CONDITIONAL USE PERMIT NO. 24-006 (COACH’S LOUNGE ALCOHOL AND LIVE ENTERTAINMENT)
REQUEST:
To permit the on-site sales, service, and consumption of alcohol (ABC Type 47 License) in conjunction with live entertainment and dancing within a new 7,000 sq. ft. restaurant.
LOCATION:
8911 Adams Avenue, 92646 (Northwest corner of Adams Avenue at Magnolia Street)
body
APPLICANT:
Keith Bohr, TEAM Real Estate, 408 12th Street, Huntington Beach CA 92648
PROPERTY
OWNER:
5523 La Palma Property, LLC, 8931 Adams Avenue, Huntington Beach CA 92646
BUSINESS
OWNER:
Murat Koc, 200 Main Street, Suite 105, Huntington Beach CA 92648
RECOMMENDATION:
recommendation
That the Planning Commission take the following actions:
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1; and
B) Approve Conditional Use Permit No. 24-006 with suggested findings and conditions of approval (Attachment No. 1).
end
ALTERNATIVE ACTION(S):
A) Deny Conditional Use Permit No. 24-006 with findings for denial.
B) Continue Conditional Use Permit No. 24-006 and direct staff accordingly.
PROJECT PROPOSAL:
Background:
Conditional Use Permit No. 24-006 represents a request to permit the on-site sales, service, and consumption of alcohol (ABC Type 47 License) in conjunction with the establishment of live entertainment and dancing within a new 7,000 sq. ft. restaurant. The proposed live entertainment will consist of live bands (up to 4 members), disc jockeys, karaoke, and painting, and patron dancing will be permitted within a 196 sq. ft. pre-designated zone as identified on the site plan.
The project site is a vacant 7,000 sq. ft. commercial tenant space within a commercial center located at the northwest corner of Adams Avenue at Magnolia Street. The commercial center is comprised of several parcels with different ownership that occupy the site. The subject property contains a single attached commercial building with 17,000 total square feet, and a parking area containing 123 parking spaces.
According to the applicant’s narrative (Attachment No. 3), the intent for Coach’s Lounge is to operate as a restaurant and lounge with an ancillary bar that will also host special events such as small weddings and other private events that provides guests with live entertainment and dancing. The Police Department has reviewed the proposed project and recommended conditions of approval surrounding the operation of a restaurant that includes service and consumption of alcoholic beverages under an ABC Type 47 license (Attachment No. 1). Additionally, the Police Department has separately issued the applicant a Conceptual Entertainment Permit for the proposed restaurant’s requested live entertainment and dancing, which will become effective should the Planning Commission approve the subject request (Attachment No. 5).
The requested hours for general operation and the provision of live entertainment and dancing are identical and are as follows:
Monday - Thursday: 11:00 AM to 1:00 AM
Friday - Saturday: 11:00 AM to 1:30 AM
Sunday: 9:00 AM to 1:00 AM
Live entertainment and dancing are proposed to occur entirely within the interior of the restaurant.
ISSUES AND ANALYSIS:
Subject Property And Surrounding General Plan Designations, Zoning And Land Uses
|
LOCATION |
GENERAL PLAN |
ZONING |
LAND USE |
|
Subject Property: |
CG (Commercial General) |
CG |
Commercial |
|
North of Subject Property: |
RL-7 (Residential Low Density - Max. 7 dwelling units/acre) |
RL (Residential Low Density) |
Single family residential |
|
East of Subject Property (across Magnolia Street): |
CG |
CG |
Commercial |
|
South of Subject Property (across Adams Avenue): |
RL-7 and CG |
RL and CG |
Commercial and Single family residential |
|
West of Subject Property: |
RL-7 |
RL |
Single family residential |
General Plan Conformance:
The General Plan Land Use Map designation on the subject property is CG (Commercial General). The project is consistent with this designation and goals and policies of the City’s General Plan as follows:
A. Land Use Element
Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs.
Policy LU-11(A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues.
The proposed restaurant contributes to the assorted range of land uses in the existing shopping center and surrounding neighborhoods. The proposed sales and consumption of alcohol, live entertainment, and dancing are ancillary to the restaurant and will enhance the atmosphere and experience for patrons. The proposed live entertainment will support new business development within the commercial center and the surrounding community by providing a new eating and drinking establishment unique to the area that can serve a wide range of customers and events. It will attract visitors and residents looking for a spacious restaurant gathering place. The proposed restaurant is located in the same space as a previous restaurant and deli, centrally located within the commercial center and will be sufficiently buffered from nearby residential uses. Residential uses abut the subject property to the north; however, the restaurant and any live entertainment will occur entirely within the existing building, and will be buffered by the restaurant’s ‘back of house’ areas, including the kitchen, prep areas, offices, and storage. Further, all exterior doors and windows will be required to remain closed during all live entertainment as a condition of approval.
B. Noise Element
Goal N-1: Noise-sensitive land uses are protected in areas with acceptable noise levels.
Policy N-1(A): Maintain acceptable stationary noise levels at existing noise-sensitive land uses such as schools, residential areas, and open spaces.
The proposed live entertainment will not significantly impact residential uses as it relates to noise. The establishment is located near the middle of the commercial center and the dining area, including stage for live entertainment and dance floor are centrally located within the tenant space. Therefore, based upon the location of the building and interior floor plan layout, the associated music and noise generated by the live entertainment will be oriented away from residential uses to the north. Considering the layout and location of the tenant space and recommended conditions of approval, the use is not anticipated to generate significant noise impacts.
Zoning Compliance:
The existing vacant commercial space is located within the Commercial General (CG) zone and previously contained a restaurant and deli business. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) allows eating and drinking establishments with live entertainment and dancing subject to the review and approval of the Planning Commission. Ancillary alcohol service in conjunction with eating and drinking uses have not previously been approved on the subject property and thus a request for an ABC Type 47 license (beer, wine, and spirits) is included in the request.
The subject property is part of a larger commercial center consisting of separately owned parcels that were developed to operate in conjunction with each other to provide adequate access from Adams Avenue and Magnolia Street to the commercial tenant spaces and parking areas within the center. As such, since there are no records that indicate a shared parking agreement exists between the subject property and the adjacent properties, each property is viewed independently when considering complying with development standards, including setbacks, landscaping, and on-site parking. The subject site contains a single commercial building that includes a gross total of approximately 17,000 square feet, 7,000 square feet of which would be occupied by the proposed project. The adjacent tenant space at 8909 Adams Avenue received approval of CUP No. 21-025 for the operation of an adult day care facility and occupies the remaining 10,000 sq. ft. The adult day care use generates a parking requirement of 45 parking spaces (pursuant to CUP No. 21-025), and the subject property currently provides a total of 123 on-site parking spaces. A 7,000 sq. ft. eating and drinking use generates a parking demand of 70 parking spaces, and an additional 4 parking spaces required for the 196 sq. ft. dance floor for a total parking demand of 74. Therefore, an on-site parking surplus exists with 123 provided, and 119 spaces are required for the operation of both the existing adult day care facility and the proposed restaurant with alcohol, live entertainment, and dancing.
The Police Department has reviewed the plans and proposal and recommend conditions for the conditional use permit in order to minimize problematic occurrences that result in businesses that combine elements of live entertainment and alcohol. Suggested conditions include ceasing promotional drink specials after 7:00 p.m., signs posting areas for alcohol consumption, and providing an adequate video surveillance system. Pursuant to Municipal Code Chapter 5.44, the Police Department has also issued a Conceptual Entertainment Permit (Attachment No. 5) which will further manage live entertainment activities. Conditions of the entertainment permit include closing exterior doors and windows during entertainment times and terminating entertainment at least 30 minutes before closing. The Police Chief maintains the authority to suspend or revoke the required entertainment permit should violations of the entertainment permit conditions or detrimental impacts to the public welfare occur. Staff considers the suggested conditions of approval of the CUP and conceptual Entertainment Permit to adequately mitigate potential safety impacts.
The use will be required to comply with operational conditions of approval to assure that any potential impacts to the surrounding properties are minimized. The site is not anticipated to generate noise, safety, or compatibility issues. The request to permit the establishment of live entertainment and dancing within the restaurant is consistent with the scope and intent in the CG designation and supported by the General Plan. Accordingly, staff recommends approval of the request.
Environmental Status:
The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1-Existing Facilities, because the project involves the operation and permitting of an existing development involving negligible expansion of the use.
Other Departments Concerns and Requirements:
The Departments of Community Development, Police, and Fire have reviewed the application and identified applicable code requirements which have been provided to the applicant and are attached for information purposes only (Attachment No. 4). The Police Department’s comments were translated into suggested conditions to mitigate potential impacts related to the proposed use. Additionally, the Police Department has reviewed an application for an Entertainment Permit pursuant to Municipal Code Chapter 5.44 and issued a Conceptual Entertainment Permit (Attachment No. 5).
Public Notification:
Legal notice was published in the Huntington Beach Wave on Thursday, June 13, 2024 and notices were sent to property owners of record occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department’s Notification Matrix), and applicant. As of June 19, 2024, staff has received no comments regarding the proposed project.
Application Processing Dates:
|
DATE OF COMPLETE APPLICATION: |
MANDATORY PROCESSING DATE(S): |
|
May 29, 2024 |
July 29, 2024 |
SUMMARY:
Staff recommends approval of Conditional Use Permit No. 24-010 based upon the following:
• Consistent with the General Plan designation of CG (Commercial General) for providing a commercial eating and drinking use unique to the area;
• Compatible with the shopping center and surrounding uses with conditions imposed upon the establishment’s operations with alcohol and live entertainment; and
• Compliance with zoning and applicable provisions of the Municipal Code and will not result in significant impacts to the site and surrounding area.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval - CUP No. 24-006
2. Site Plan and Floor Plan received February 4, 2024
3. Project Narrative received June 4, 2024
4. Police and Fire Conditions/Code Requirements received and dated June 12, 2024
5. Conceptual Entertainment Permit received May 24, 2024