Legislation Details

File #: 24-0426    Version: 1
Type: Regular Item Status: Agenda Ready
File created: 9/26/2024 In control: Visalia City Council
On agenda: 10/21/2024 Final action:
Title: Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission's approval of a request by the City of Visalia, pursuant to Municipal Code section 17.38.040, to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN: 094-296-011).
Attachments: 1. Resolution No. 2024-59, 2. Attachment 1 - Appeal by Duane Rodriguez, 3. Attachment 2 - Notice of CUP Suspension, 4. Attachment 3 - September 23, 2024 Planning Commission Staff Report, 5. Attachment 4 - Resolution No. 2024-61, 6. Attachment 5 - Letter of Support dated September 12, 2024, 7. Attachment 6 - Late Correspondence memorandum and letter from Duane Rodriguez, 8. Attachment 7 – Calls for Service 2023 & January 1st through August 4th 2024, 9. Attachment 8 – Resolution No. 2011-39 & Conditional Use Permit No. 2011-18 Staff Report dated September 12, 2011, 10. Aerial Map, 11. PowerPoint Presentation, 12. Public Comment - Appeal Hearing Rookies Public Comment, 13. Public Comment - Request for Recusal of Councilmembers Taylor and Nelsen from CUP Appeal Discussion and Vote

Agenda Item Wording:

title

Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s approval of a request by the City of Visalia, pursuant to Municipal Code section 17.38.040, to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN: 094-296-011).

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Deadline for Action:  10/21/2024

 

Submitting Department: Community Development

 

Contact Name and Phone Number:

Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>

 

Department Recommendation:

Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2024-59 denying the appeal and upholding the Planning Commission’s revocation of Conditional Use Permit No. 2011-18.

However, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternative motions:

1.                     Uphold the decision of the Planning Commission to deny CUP No. 2011-18 but deny the CUP without prejudice. This would allow an application for a conditional use permit for the same or substantially the same conditional use on the same site to be filed without having to wait one year; or

2.                     Uphold the appeal and deny revocation of Conditional Use Permit No. 2011-18, allowing the Conditional Use Permit approval to remain in place, subject to the conditions as adopted per Resolution No. 2011-39; or

3.                     Move to direct staff to work with the applicant/owner to establish new and/or revised conditions of project approval that reflect the applicant/owners desire to modify and update their operational statement, security plan, and operating conditions that will better effectuate how live entertainment is properly managed when offered within the Downtown Rookies Sports Bar and Grill restaurant. The revisions to the operational statement, security plan, and operating conditions will be presented at a future Planning Commission meeting; or

4.                     Refer the matter back to Planning Commission for further evaluation; or

5.                     Continue the matter to a future City Council hearing.

 

 

Summary:

On September 23, 2024, the Planning Commission held a public hearing to consider the revocation of Conditional Use Permit No. 2011-18. A summary of the 2011 Conditional Use Permit is provided below. The revocation request was based on an increase in calls for police service over the past two years and the business establishment not complying with their conditions during live entertainment activities as described below. At the conclusion of the public hearing, the Planning Commission approved the revocation by a 3-1 vote.

 

Background Discussion:

Conditional Use Permit (CUP) No. 2011-18, approved by the Planning Commission on September 12, 2011, subject to the conditions of approval per Resolution No. 2011-39, permitted lived entertainment in conjunction with a bona fide restaurant (i.e., Downtown Rookies Sports Bar and Grill). Per the staff report, live entertainment actives were to be provided four nights a week beginning at 9:00 p.m. to 1:00 a.m. while the use of the restaurant identified hours of operation from 11:00 a.m. to 11:00 p.m. Live entertainment activities were to consist of live musical acts, disc jockeys, karaoke, or similar activities in nature and intensity, and during this time patrons needed to be 21 years of age or older when live entertainment activities were provided. The approval to permit live entertainment was conditioned in a manner that explicitly requires management and operational requirements to be adhered to at all times to ensure a safe environment is provided during live entertainment activities for both patrons of the establishment and to the surrounding businesses. As noted in the September 12, 2011, staff report, “failure by the owner/operator to comply with the conditions may result in a hearing to revoke the CUP.” A copy of the September 12, 2011 Planning Commission staff report for CUP No. 20211-18 is provided as Attachment 5 to this staff report.

The request to revoke CUP No. 2011-18 is in response to violations of the terms and conditions of the conditional use permit and Municipal Code provisions by this business, Downtown Rookies Sports Bar and Grill, when live entertainment activities are occurring within the restaurant. These violations include allowing live entertainment to occur after 1:00 a.m., not keeping the sidewalk area in front of the business open for public use during live entertainment, not keeping business patrons in orderly lines while waiting to enter the business for live entertainment, and not properly implementing a security plan to monitor the behavior of customers inside the building and the public sidewalk in front of the business. On August 15, 2024, a “Notice of Conditional Use Permit Suspension” letter was sent by certified mail to both the property owner and business operator informing them that the conditional use permit was being suspended and a public hearing was being set to determine if the conditional use permit should be revoked. A copy of that letter is provided as Attachment 2 to this staff report. Please note that the use of the restaurant continues to be permitted to operate, and the CUP suspension/revocation is only related to the ancillary live entertainment use.

Pursuant to Section 17.38.040 of the Zoning Ordinance, violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The Planning Commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Appeals of the decision of the Planning Commission may be made to the City Council as provided in Section 17.38.120 of the Zoning Ordinance. Please note, pursuant to Section 17.38.050, following the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council.

 

Planning Commission Hearing:

The Planning Commission conducted a public hearing on September 23, 2024, for the revocation of Conditional Use Permit No. 2011-18. After the conclusion of staff’s presentation regarding the revocation item, public testimony was received from two individuals in attendance. April Lancaster provided public testimony in support of the revocation while opposition to the revocation request was received from Duane Rodriguez, business owner of Downtown Rookies Sports Bar and Grill. Please note late correspondence in support of Mr. Rodriguez was received on September 23, 2024. The letter requested that the Planning Commission reinstate the live entertainment CUP. A copy of this letter is attached to the staff report as Attachment 5.

Ms. Lancaster’s public testimony in support of the revocation was due to the violations related to the business which has impacted the downtown aera in a negative manner. Mr. Rodriguez’s public testimony in opposition to the revocation was based on his perception that the information, as presented in the staff report and by staff, was extremely flawed and not accurately reflected.

Mr. Rodriguez, as the Board President of the Downtown Visalians Board of Directors, stated that monthly updates received from police officer(s) after their board meetings identified that the business was “doing a good job” of correcting their issues. In addition, Mr. Rodriguez also stated that he was instructed to call for police service to help when issues became unruly within the establishment during live entertainment hours and expressed his frustration that these calls were now being used against his business. Mr. Rodriguez acknowledged that live entertainment events had continued past 1:00 a.m. but stated that would no longer occur. Mr. Rodriguez also raised issues with crowds congregating in front of the business along the sidewalk and stated that their staff did not move groups along because it often resulted in heated confrontations due to the sidewalk being a public area. Mr. Rodriguez concluded his testimony seeking a consideration from the Planning Commission to allow live entertainment to continue subject to revisions on the type of live entertainment that would be provided going forward. The public testimony presented by Mr. Rodriguez is summarized in a letter that was e-mailed to the Planning Commission on Friday September 20th, 2024. This letter is provided as Attachment 6 to this staff report.

At the conclusion of public testimony and deliberations, the Planning Commission approved the request to revoke Conditional Use Permit No. 2011-18 by a 3 to 1 vote, Commissioner Peck, No, Commissioner Tavarez absent.

 

Appeal:

On September 26, 2024, staff received an appeal of the Planning Commission’s revocation of Conditional Use Permit No. 2011-18. The appeal, filed by Duane Rodriguez, is included as Attachment No. 1. Mr.  Rodriguez notes his disagreement with the entire report and analysis provide in the report and states that the call for service numbers are inflated and the Code Enforcement Division has not responded to request to address food vendors operating in the downtown area. Responses to the appellants claims is provided in the “Response to Appeal Letter” and “Analysis of Live Entertainment Revocation Request” sections of this staff report. Along with Mr. Rodriguez’s written appeal, he has also submitted this video, https://vimeo.com/1000881152/b0fe29f627 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvimeo.com%2F1000881152%2Fb0fe29f627&data=05%7C02%7CPaul.Bernal%40visalia.city%7C35aa457f5e6441f4aa7e08dcec97cff5%7Ce489c096dc4c4c25a985bc420f160fa2%7C0%7C0%7C638645383998506906%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=QJxK%2BcX0vuMidXxpcwLPCL0ysSQAugOlHfa2x8jApxk%3D&reserved=0>, as part of the record.

 

Response to Appeal Letter:

The appeal submitted by Duane Rodriguez infers the data regarding calls for service provided by the Visalia Police Department are “inflated” and not factual, and Code Enforcement Division has not responded to his calls complaining about a food vendor that sets up near his restaurant in the late evening hours resulting in large groups congregating near his establishment which results in trash been left on the sidewalks which he pays to have cleaned up.

In response to the accusation that reported calls for service as are “inflated”, when staff issued the CUP suspension letter, that letter identified the number of calls for service for the calendar year 2023, and January 2024 through August 2024. The number of calls generated, number of calls directly related to the business, and number of calls during live entertainment hours are listed in Table 1-1 below. After the CUP suspension letter was issued, and prior to noticing the CUP revocation public hearing, staff conducted another review of the calls for service during the timelines as noted above, which were included in the Planning Commission staff report. This review focused on considering when the calls occurred, during or after the entertainment hours specified in the CUP. The review also considered how the calls for police services were generated and noted that calls for assistance from employees at the business may not be considered as part of the public nuisance for excess calls. Those calls that were identified as made by employees were removed. The remaining calls were for calls generated by citizens nearby or were initiated by Visalia Police Department in response to issues at this location. The updated calls for service, based on this re-review, are provided in Table 1-2 below. Please note the numbers provided in Table 1-2 were also included in the Planning Commission staff report.

The numbers as provided in both Tables 1-1 and 1-2, clearly demonstrate the need for police presence at the business has escalated when live entertainment activities are occurring and the conclusion to revoke the live entertainment use permit can be attributed to the lack of proper management and failure to implement crowd control and security measures as required per the adopted conditions of approval as listed in Resolution No. 2011-39 for Rookies Downtown Sports Bar and Grill. A copy of this resolution is provided as Attachment 8.

In addition, the Visalia Police Department has provided additional information to further dispute the information provided in the appeal letter that the calls for service numbers were “inflated”. The additional information as detailed in the Calls for Service 2023 and January 1, 2024 - August 4, 2024, is included as Attachments 7 to this staff report. Attachment 7 confirms that calls for service, as noted in the Planning Commission staff report and Table 1-2 found under the “Analysis of Live Entertainment Revocation Request” section below, are consistent and reflect the increase for police assistance when live entertainment activities are occurring in the restaurant. This information further defines the types of calls that required police assistance over the reporting period, which include:

• Fighting

• Homicide

• Verbal Disturbance

• Retaliation concerns due to homicide

• Intoxicated Persons

 

In particular, during the summer months of the 2024 reporting period (Attachment 7), police officers initiated several security checks due to witnessed unruly behavior, fighting, large crowds gathering in front of the business, and entertainment activities occurring after 1:00 a.m. During one of these security checks, police officers informed on-site security staff that allowing people to congregate in front of the business in the manner that was occurring is a violation of the live entertainment CUP conditions. The accusation that calls for service are “inflated” as reported by both law enforcement and City staff are unfounded. On the contrary, what is factual is that that during live entertainment hours for Downtown Rookies Sports Bar and Grill, police assistance is needed more frequently, creating an undue burden for law enforcement.

With regards to the food vendor statement, Code Enforcement conducted five swing shift vendor enforcement details the months of January, February, May, and two in August 2024, during the hours of 9:00 p.m. to midnight (12:00 a.m.). These details were in response to complaints received from the Visalia Convention Center and the Downtown Visalians. During three of these details, vendors were contacted, cited and/or items confiscated on Acequia Avenue near the Convention Center, in front of the Fox Theater, in the Bank of America parking lot on Main Street, and along both Dinuba Boulevard and Ferguson Avenue.

Staff recommendation to uphold Planning Commission’s approval revoking Conditional CUP No. 2011-18, and denying the appeal, is based on the operator/owner failure to comply with the terms and conditions of the conditional use permit and the Visalia Municipal Code as further analyzed below. In addition, staff conducted a review the CUP at this site address and compared it to other businesses in the downtown area that have approved CUP’s to permit live entertainment within their establishments. This comparison showed this site has more calls for services compared to other locations.

 

Analysis of Live Entertainment Revocation Request:

The City of Visalia has long recognized the importance of the downtown area which represents the center of the city offering a wide range of commercial establishments, stores, restaurants, mixed with offices and some residential uses. In addition to being a major center for employment, there are several commercial establishments that have been approved, via a discretionary review process and subject to operating conditions, that offer various live entertainment options in the latter part of the evening which are intended to be ancillary to the primary commercial establishments use (i.e., bona fide restaurant). These live entertainment approvals are recognized as a way to provide the downtown with a variety of entertainment options for patrons to enjoy dancing, singing, and listing to local artists in the late evening hours, and on the weekends. However, when these establishments fail to properly comply with the conditions/requirements imposed on them to ensure entertainment activates are done in a manner to protect their patrons, this often results in the City of Visalia having to apply significant staff resources to monitor and combat unruly behavior that can lead to negative impacts to the downtown area, surrounding businesses, and to the safety of visitors to the downtown area.

As provided in the attached CUP Suspension letter (see Attachment “2”), staff issued the letter due to numerous ongoing code violations, and noncompliance with CUP conditions by Downtown Rookies Sports Bar and Grill when live entertainment activities are occurring within the restaurant. The suspension of live entertainment activities is based on a review of the adopted conditions for the live entertainment use and calls for service to this establishment as follows:

•                     On March 25, 2021, a “Declaration of Public Nuisance” was issued to this business based on the excessive amount of police calls to the property and criminal activity related to the business at the location.

•                     On April 2, 2021, the property owner met and discussed with staff the issues that were occurring at the business, which staff was informed the property owner would meet and present the problems with the owner/operator of the restaurant in an effort to resolve the ongoing issues.

•                     On April 13, 2021, the property owner advised staff that a meeting with the business owner had occurred and during the course of those discussions the restaurant owner/operator was informed of the seriousness of the situation. It was further confirmed that the property owner was going to allow the business owner/operator to continue operations subject to them working on resolving the situation before taking any additional actions if the issues were not resolved.

•                     On January 11, 2022, staff informed the property owner that there had been an additional 26 calls for service to the business and 10 of those were due to lack of proper management of the business.

The CUP suspension letter issued on August 15, 2024, also identified the number of calls for service for the past two years to the business address as noted below:

Table 1-1

YEAR

TOTAL CALLS FOR SERVICE

DIRECTLY RELATED TO THE BUSINESS

DURING HOURS OF LIVE ENTERTAINMENT

2023

53

28

18

2024 (7 MONTHS)

48

37

27

Upon setting the CUP revocation hearing, staff conducted another review of the calls for service. This review focused on considering when the calls occurred, during or after the entertainment hours specified in the CUP. The review also considered how the calls for police services were generated and noted that calls for assistance from the employees at the business should not be considered as part of a public nuisance for excess calls, these calls were removed. The remaining calls were for calls generated by citizens nearby or were initiated by VPD in response to issues at this location. This review noted the following changes:

Table 1-2

YEAR

TOTAL CALLS FOR SERVICE

DIRECTLY RELATED TO THE BUSINESS

DURING HOURS OF LIVE ENTERTAINMENT

2023

53

30 (an increase of 2 calls from the information provided in the CUP suspension letter)

20 (an increase of 2 calls from the information provided in the CUP suspension letter)

2024 (7 MONTHS)

48

32 (a reduction of 5 calls from the information provided in the CUP suspension letter)

25 (a reduction of 2 calls from the information provided in the CUP suspension letter)

As noted in the tables above, including the re-review of calls for service after the date of issuance of the CUP suspension letter (see Table 1-2), the need for police presence at the business has escalated which can be contributed to the lack of proper management when live entertainment activities were occurring. Furthermore, when responding to these calls police officers found that the business was in violation of the live entertainment conditions of approval as adopted per Resolution No. 2011-39 for Conditional Use Permit No. 2011-18. A copy of the 2011 resolution and staff report is included as Attachment 8.

Also as stated in the August 15, 2024 CUP suspension letter, on June 23, 2024, and July 27, 2024, while patrolling the area, officers found numerous large groups of people congregating in front of the business, and live entertainment activities were occurring after 1:00 a.m. Police officers informed Rookies’ staff present during this encounter that allowing people to congregate in front of the business in the manner that was occurring is a violation of the live entertainment CUP conditions. Additionally, on July 28, 2024, during a homicide investigation of a patron of the Downtown Rookies Sports Bar and Grill that occurred in front of this business, it was found that the victim was part of large group of people that were allowed to congregate in front of the business, and Police Officers also noted that the live entertainment activities were still occurring after 1:00 a.m. on the night of the homicide.

These issues as noted above are in violation of the Conditions of Approval (COA) as adopted per Resolution No. 2011-39. The COA’s violated are summarized below:

•                     COA No. 2: That the hours of operation for live entertainment and dancing shall be between the hours of 9:00 pm to 1:00 am.  Live entertainment shall be restricted only to live musical acts, disc jockeys, karaoke, or similar activities in nature and intensity as determined by the City Planner.  Any subsequent change to the nature of the live entertainment shall require an amendment to the Conditional Use Permit.

Analysis: Responding police officers noted that on several occasions live entertainment activities extended beyond the hours of operation for live entertainment as conditioned per COA No. 2. The business owner acknowledged that live entertainment hours were conducted beyond the allowed times. No request to modify the hours was submitted at any time during the 12 years that the live entertainment CUP was active.

•                     COA No. 7: During live entertainment or dancing, the public sidewalks shall be kept clear for pedestrian use. Patrons waiting to enter the business shall be formed in a single orderly line outside of the front door of the business and shall keep the public sidewalk area directly in front of the business open for public pedestrian use. This waiting area shall be defined by a solid visible line on the ground or a portable non-permanent rope style system that creates a separation between the area patrons wait in line and the public use area of the sidewalk. The operator shall regularly maintain the area under their control free of alcohol and litter.

Analysis: Responding police officers noted that on several occasions numerous large groups of people congregating in front of the business when live entertainment activities were occurring. The implementation of this condition is to ensure that patrons waiting to enter the establishment are prevented from congregating and spilling out onto the sidewalk and street which could result in both obstructions to pedestrians walking along the sidewalk and vehicles driving along Main Street. By not properly complying and implementing this condition, failure to control patrons entering the establishment creates nuisance issues for the reasons noted above.

•                     COA No. 16(d): That the owner/operator shall prepare and implement an approved Security Plan that includes the following:

a.                     Designate an adequate number of security personnel who will monitor and control the behavior of customers inside the building, any queue on the public sidewalk for the business, and any private parking lot under the establishment's control. The security personnel may be employees of the establishment or licensed security personnel retained from a licensed security firm.  All on-duty licensed security guards shall comply with the uniform requirements set forth in California Business & Professions code section 7582,26.

Analysis: As noted under COA No. 7, the owner/operator failure to implement the security measures as conditioned to ensure patrons were placed in a designed area to wait and enter the establishment (i.e., large groups of people congregating in front of the business). The establishments security employees failed to properly employee crowd control techniques, as required per this condition, to ensure that people are congregating in a designed queue area in front of the business in an effort to limit obstructions to the sidewalk and street, and to reduce the likelihood of disturbances involving patrons waiting to enter the business.

Staff’s recommendation to move towards revocation should not come as a surprise as the 2011 Planning Commission staff report explicitly detailed, in two instances, that failure by the property owner or establishment operator to comply with the conditions may result in a hearing to revoke the CUP. This was noted under both the “Inter Departmental Review” and “Conditional Use Permit Revocation Process” sections and included as COA No. 15 which can be found in the attached Planning Commission Staff Report dated September 12, 2011 (see Attachment 8).

Likewise, Downtown Rookies Sports Bar and Grill is required to be a bona fide restaurant, which is conditioned per COA NO. 5 of Resolution No. 2011-39. Live entertainment activities should not be considered the primary use of the establishment. Live entertainment is an ancillary use for this restaurant business and was permitted to operate subject to complying with the conditions. The revocation of the CUP for live entertainment has no bearing on keeping the restaurant from operating in a manner consistent with a restaurant use.

 

Review of Other Live Entertainment / Restaurant Uses in the Downtown Area:

The City of Visalia has also reviewed all live entertainment CUPs issued for businesses in the downtown area. There is a total of nine CUPs approved with some form of live entertainment as follows:

1.                     Crawdaddy’s Restaurant: CUP No. 2005-40 approved to allow live entertainment.

2.                     Cellar Door: CUP No. 2009-17 approved to allow live entertainment and dancing along with other special events.

3.                     Downtown Rookies Sports Bar and Grill: CUP No. 2011-18 approved to allow live entertainment and dancing.

4.                     Visalia Brewing Company: CUP No. 2012-12 approved to allow live entertainment and karaoke.

5.                     Sequioa Brewing: CUP No. 2014-28 approved to allow live entertainment.

6.                     Blend Wine Room: CUP No. 2015-05 approved to allow live music.

7.                     Barrelhouse Brewing Company: CUP No. 2017-23 approved to allow live entertainment.

8.                     Corbey’s Rock n Roll Heroes: CUP No. 2021-12 approved to allow live entertainment.

9.                     Los Culichis Sushi and Bar: CUP No. 2023-27 approved to allow live entertainment.

Staff conducted a review of calls for service to these establishments from January 2024 to August 2024, and notes the following:

Table 1-3

Business

# of Calls

DURING HOURS OF LIVE ENTERTAINMENT

Crawdaddy’s Restaurant

10

1

Cellar Door

14

0

Downtown Rookies Sports Bar and Grill

48

25

Visalia Brewing Company

16

13

Sequioa Brewing

12

No live entertainment conducted at this establishment during reporting timeline

Blend Wine Room

0

0

Barrelhouse Brewing Company

7

4

Corbey’s Rock n Roll Heroes

12

2

Los Culichis Sushi and Bar

14

9

*With the exception of Downtown Rookies restaurant, the numbers identified for each establishment during live entertainment have not been further reviewed to remove calls for service that may not be directly associated with that business.

Based on the number of calls for service to establishments in the downtown area permitted to host live entertainment activities, and particularly the number of calls during hours of live entertainment as noted in Table 1-1, it is apparent that during live entertainment hours for Downtown Rookies Sports Bar and Grill, police assistance is needed more frequently, creating an undue burden for law enforcement. As noted in the “Analysis of Live Entertainment Revocation Request” section above, the excessive calls for service could be attributed to the owner/operator failing to ensure that the proper protocols are met based on the conditions of approval that are designed to help control and manage patrons of the establishment in a safe manner when live entertainment is provided. Staff concludes, based on the analysis provided in the staff report, CUP No. 2011-18 should be revoked.

Fiscal Impact: None.

 

Prior Council Action: None.

 

Other:

On September 23, 2024, the Planning Commission approved the revocation of Conditional Use Permit No. 2011-18, by a vote of 3-1, Commissioner Peck, No; Commissioner Tavarez absent.

On September 12, 2011, Conditional Use Permit No. 2011-18 was approved by the Planning Commission which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the Central Business District (now referred to as the Downtown Mixed Use) Zone.

 

Recommended Motion (and Alternative Motions if expected):

recommendation

I move to deny the appeal and uphold the Planning Commission’s revocation of Conditional Use Permit No. 2011-18 per Resolution No. 2024-59.

end

 

Environmental Assessment Status: None.

 

CEQA Review: None.

 

Attachments:

1.                     Resolution No. 2024-59 denying the appeal and upholding the Planning Commission’s revocation of Conditional Use Permit No. 2011-18

2.                     Attachment 1 - Appeal by Duane Rodriguez, owner Downtown Rookies Sports Bar and Grill

3.                     Attachment 2 - Notice of Conditional Use Permit Suspension

4.                     Attachment 3 - September 23, 2024, Planning Commission Staff Report

5.                     Attachment 4 - Planning Commission Resolution No. 2024-61

6.                     Attachment 5 - Letter of Support dated September 23, 2024

7.                     Attachment 6 - Late Correspondence memorandum and letter from Duane Rodriguez

8.                     Attachment 7 - Calls for Service 2023 & January 1st through August 4th 2024

9.                     Attachment 8 - Resolution No. 2011-39 & Conditional Use Permit No. 2011-18 Staff Report dated September 12, 2011

10.                     Aerial Map

11.                     PowerPoint Presentation