DRC_STAFF REPORT_TWIN LOCOS_062326.DOCX

PL250435 – TWIN LOCOS LIVE ENTERTAINMENT 
Page 1
June 23, 2026
STAFF REPORT
TWIN LOCOS LIVE ENTERTAINMENT (PL250435)
PROJECT DATA: 
Project Address
3224 South Mill Avenue
Property Owner
Mill Plaza Investors LLC
Applicant
Robert Davis II, TWIN LOCOS 
Zoning District 
CSS (Commercial Shopping and Services) 
Gross Site Area
3.1 acres 
Total Building Area
37,316 s.f. 
Suite Area
4,800 s.f.
Building Height
26’ (35’ maximum allowed) 
Lot Coverage
27% (50% maximum allowed) 
Building Setbacks
16’ front, 160’ west side, 36’ north side, 0’ south (0, 10’, 10’, 0’ 
min.)
Vehicle Parking
151 spaces on-site, 545 spaces total 
Required Parking for Use
1 space per 75 s.f. 
Bicycle Parking
6 spaces provided (5 min. required)
COMMENTS:
This site is located north and west of the intersection of Mill Avenue and Southern Avenue within the 
Mill Fry’s Marketplace subdivision and is within the Alameda Character Area. The site is not within an 
Overlay District. The applicant proposes to host live entertainment events within the existing restaurant 
at 3224 South Mill Avenue. Twin Locos is a sit-down restaurant with evening and late-night hours of 
operation. The tenant space is 4,800 square feet and possesses a valid series 12 liquor license. The 
business owner and applicant is requesting to add live entertainment events to generate additional 
business traffic. The entertainment events include setting up a temporary stage inside, with amplified 
sound using the existing restaurant speakers. These events include a weekend brunch DJ, karaoke, 
live music, and comedy. Live entertainment operations will end by midnight or 2 a.m. depending on the 
day of the week and the type of event. The restaurant operations will continue until 4 a.m. but all live 
entertainment events and serving of alcohol will end in accordance with the business’ state liquor 
license and the conditions of this Use Permit request.
Existing uses on the site include: retail, restaurants, service uses, and offices. 
The applicant is requesting the Development Review Commission take action on 
ZUP260040     Use Permit to allow live entertainment within an existing restaurant in the CSS zoning 
district.
For further processing, the applicant will need to create a security plan with Tempe Police.
PUBLIC INPUT

Neighborhood meeting not required.

Community Development staff have not received input from the public on the request.
POLICE INPUT
The existing business does not have recorded noise complaints. Police calls for service to the site are 
predominantly triggered by automated alarm systems. Conditions have been added in coordination

PL250435 – TWIN LOCOS LIVE ENTERTAINMENT 
Page 2
June 23, 2026
with the Tempe PD to regulate the new live entertainment uses, and the applicant will be required to 
create and maintain a security plan with the Tempe Police Department. 
PROJECT ANALYSIS 
USE PERMIT 
The proposed use requires a Use Permit to allow live entertainment. 
Section 6-308 E Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The Use Permit, if approved, may 
generate additional traffic; however, the site is adequately parked, and Twin Locos has business 
hours are off set from the others in the complex, including the other restaurants. Any additional 
traffic will utilize the same access and parking facilities and is not anticipated to affect other 
businesses or nearby residents.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions. The existing business contains a commercial kitchen, 
but the addition of live entertainment uses are not expected to produce additional nuisance. 
Performances and events will utilize the existing restaurants sound system and be contained to the 
interior areas of the tenant suite and the door will be required to remain closed during 
entertainment events. 
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, the 
proposed use is not in conflict with the goals objectives or policies for rehabilitation, redevelopment 
or conservation as set forth in the city’s adopted plans or General Plan. The existing business is in 
good standing with Tempe’s Tax and Licensing and Police Departments. The addition of live 
entertainment will strengthen the business’ relation to both community members and other 
business owners within the commercial development. There are no conflicts with approval of live 
entertainment and any of Tempe’s adopted plans or the General Plan. 
4.
Compatibility with existing surrounding structures and uses. Approval of live entertainment is not 
expected to impact adjacent businesses. Fry’s Marketplace has a parking area separated from the 
in-line suites by large landscaping islands and driveway aisles. The other businesses utilize a 
smaller, shared parking lot with 151 spaces. After updating the parking calculations for the existing 
businesses, there were adequate parking spaces for all businesses including when analyzing time-
of day modeling. The other businesses at the subject site are predominantly other restaurants with 
hours of operation off set from the applicants.    
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public. The applicant will be required to create a 
security plan with Tempe’s Police Department. Tempe Police reports calls for service to the 
subject address for automated alarms but have not received calls for service for the applicant’s 
business. It will remain the business operator’s responsibility to adhere to all local and state laws, 
licensing requirements, and the behavior of their visitors.
The manner of conduct and the building for the proposed use will not be detrimental to persons 
residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in 
general, and that the use will be in full conformity to any conditions, requirements or standards 
prescribed therefore by this code. 
Based on the information provided and the above analysis, staff recommends approval of the 
requested Use Permit. This request meets the required criteria and will conform to the conditions.

PL250435 – TWIN LOCOS LIVE ENTERTAINMENT 
Page 3
June 23, 2026
USE PERMIT CONDITIONS OF APPROVAL: (Non-standard conditions are identified in bold) 
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
1.
The Use Permit is valid for the plans as submitted within this application. 
2.
In accordance with the criteria, the Use Permit shall maintain adequate control of behavior both 
inside and outside the premises and may not disrupt or create a nuisance to the surrounding area 
or general public. If complaints arise which are verified by the Police Department or Community 
Enhancement Division, the decision-making body, upon finding that the applicant has not taken 
corrective actions to resolve issues related to the permit/approval and that a continuation of the 
permit/approval is not in the interest of the public health, safety and general welfare, can revoke 
the permit/approval after providing written notice of its intentions to the holder of the permit.
3.
If there are any complaints arising from the Use Permit that are verified by a consensus of the 
complaining party and the City Attorney’s office, the Use Permit will be reviewed by City staff to 
determine the need for a public hearing to evaluate the appropriateness of the Use Permit, which 
may result in revocation of the Use Permit. 
4.
All required permits and clearances shall be obtained from the Audit and Licensing Division of the 
City of Tempe prior to the Use Permit becoming effective. 
5.
All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
6.
All live entertainment events are to end no later than 12:00 a.m. Sunday through Thursday, 
and no later 1:55 a.m. on Friday and Saturday. Live entertainment hours can be amended 
based on noise complaints or restricted based on conditions in security plan.
7.
Live entertainment activities are only permitted for interior areas. No exterior areas are 
approved for live entertainment. All access doors shall remain closed during live 
entertainment performances.
8.
Live entertainment may not use amplified bass or subwoofers. Only speaker systems 
internal to the restaurant or small, temporary speakers allowed.
9.
The applicant shall contact the City of Tempe Crime Prevention Unit for a security plan 
within 30 days of this approval. Contact 480-858-6409 before July 23, 2026 and maintain an 
active security plan for the duration of the business at this location.
CODE/ORDINANCE REQUIREMENTS:
THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE 
PERTINENT TO THIS CASE.  THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN 
OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST.
This approval for the Use Permit review did not include a comprehensive evaluation of the site for 
code compliance; the scope of approval is for the use permit only. The property owner should be 
aware of all city codes and zoning ordinances applicable to the property including maintenance and 
conformance with the codes. Below is a partial list of references provided to advise the owner of 
pertinent code requirements; this is not an exhaustive list. 
TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any 
application.

PL250435 – TWIN LOCOS LIVE ENTERTAINMENT 
Page 4
June 23, 2026
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as conditions of approval but apply to any application. To avoid unnecessary 
review time and reduce the potential for multiple plan check submittals, become familiar with the ZDC.
BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, 
plumbing or structural tenant improvements that would require a building permit must obtain required 
permits.
USE PERMIT:

The Use Permit is valid for Twin Locos and may be transferable to successors in interest through 
an administrative review with the Community Development Director, or designee. 

The Use Permit approval shall be void if the use is not commenced or if an application for a 
building permit has not been submitted, whichever is applicable, within twelve (12) months after 
the Use Permit is granted or within the time stipulated by the decision-making body.

Section 6-902.B. The decision-making body, upon finding that the applicant has not taken 
corrective actions to resolve issues related to the permit/approval and that a continuation of the 
permit/approval is not in the interest of the public health, safety and general welfare, can revoke 
the permit/approval after providing written notice of its intentions to the holder of the permit.

Any intensification or expansion of use shall require a new Use Permit.

All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site 
features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not 
create glare and are full-cutoff fixtures. Any changes to lighting would require a minor Development 
Plan Review.
POLICE DEPARTMENT SECURITY REQUIREMENTS: 

Refer to Tempe City Code Section 26-70 Security Plans.

If the development includes a use listed in City Code Section 26-70(c), the Owner is required to 
prepare a security plan with the Police Department. 

Provide a security vision panel at service and exit doors (except to rarely accessed equipment 
rooms) with a 3” wide, high strength plastic or laminated glass window, located between 43” and 
66” from the bottom edge of the door.
PARKING SPACES:

Verify conformance of accessible vehicle parking to the Americans with Disabilities Act and the 
Code of Federal Regulations Implementing the Act.  Refer to Building Safety ADA Accessible 
Parking Spaces Marking/Signage on Private Development details.

At parking areas, provide demarcated accessible aisle for disabled parking.  
HISTORY & FACTS:
May 11, 1960
The land the current site is on was annexed into Tempe by City Council’s 
approval of Ordinance 313 on May 11, 1960. 
November 5, 2007              The site was a part of the Mill’s Fry’s subdivision plat creating the subject 
site. 
August 24, 2021
The Development Review Commission approved a request for two Use Permits, 
1) for a bar and 2) for live entertainment for Netta Chettas at the subject site.

PL250435 – TWIN LOCOS LIVE ENTERTAINMENT 
Page 5
June 23, 2026
March 20, 2026
The applicant submitted an application for live entertainment within the existing 
restaurant.
June 23, 2026
Development Review Commission scheduled public hearing to allow live 
entertainment within an existing restaurant at 3224 South Mill Avenue.
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 6-308, Use Permit
Section 6-311, Shared Parking
Section 6-313, Security Plan