HomeMy WebLinkAbout2000-11-28 - AGENDA REPORTS - DENIAL CUP 23710 LYONS (2)CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
PUBLIC HEARING
DATE: November 28, 2000
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S DENIAL ON A
UNANIMOUS DECISION FOR A CONDITIONAL USE PERMIT TO
ALLOW OPERATION OF A FULL BAR LOCATED AT 23710 LYONS
AVENUE.
DEPARTMENT: Planning and Building Services
RECOMMENDED ACTION
City Council open the Public Hearing, receive staff presentation, close the Public Hearing
and adopt a resolution which would uphold the Planning Commission decision to deny
Master Case No. 00-087 which consists of Conditional Use Permit No. 00-006.
BACKGROUND
On September 15, 1999, the applicant, Plaza Cinema Entertainment, Inc., was granted
approval for a minor use permit to remove seats from an existing theater and operate a
dance club with live entertainment. Movies would still be shown in two other theaters
within the same building. No seat removal was approved for theater two and three and no
dancing or live entertainment was permitted for this area. The conditions of approval for
the minor use permit stipulated that no alcohol was to be served and the days of operation
would be limited to Thursday through Saturday from 9:30 p.m. to, 1:45 a.m.
On March 2, 2000, an application for a conditional use permit was filed with the Planning
and Building Services Department to allow for alcohol sales within the existing dance club.
At the August 15, 2000 meeting, the Planning Commission voted 5-0 to deny the applicant's
request. As a result of the denial, the applicant appealed the decision to the City Council.
The proposal was scheduled for a public hearing before City Council on October 24, 2000.
However, City Council continued the item until November 28, 2000. According to the letter
submitted by the applicant, additional time was needed due to a family emergency.
PROJECT DESCRIPTION
The applicant is requesting approval to operate a full service bar within 250 feet of
residential uses and 500 feet of Old Orchard Park requiring approval of a conditional use
permit. Additionally, the applicant is requesting to operate until 4:00 a.m. Friday and
Saturday nights and 2: 0 o Wednesday nights. No alcohol will be served afte 1:45
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a.m. and no person under 21 years of age will be allowed in the facility when alcoholic
beverages are being served. The theater was originally approved as a conditionally
permitted use. As a result of a significant change in use, a conditional use permit is
required.
The subject site is located within an established commercial zone. Multi -family residential
(Peachland Condominiums) is located to the south, single family residential is located to the
west, commercial uses are located to the east with open space (Old Orchard Park) and
single family residential (Old Orchard I and II) located north of the subject site.
ANALYSIS
Land Use
The dance club is currently operating without "on-site" alcohol sales and extended hours
Thursday through Saturday nights. On-site alcohol sales consists of selling alcohol within
the dance club premises which is their request. No off-site alcohol sales is being requested
with this permit.
The proposed change in use will be located in theater one (1) of the Plaza Theater complex
in the community of Newhall. Multi -family residential is located immediately to the south,
single family residential is located to the west, commercial uses are located to the east with
open space and single family residential located north of the subject site.
Due to the close proximity to residential uses and a city park, the proposed dance club use
with extended hours of operation and the sale of on-site alcohol creates a land use conflict
between two dissimilar uses. None of the businesses serving alcohol located within the
immediate area of the Peachland Condominiums, Old Orchard I, and Old Orchard II are
open past 2 a.m. The addition of two days of operation and extending hours the facility is
open will increase existing noise levels during those times. According to the memorandum
prepared by Captain Don Rodriguez of the Los Angeles County Sheriffs Department,
serving alcoholic beverages at a night club increases crime and disorderly conduct which is
not consistent with maintaining or enhancing the character of the adjacent residential
communities.
Immediately adjacent to the subject site is Valencia Lanes (23700 Lyons Avenue) which
sells alcoholic beverages for on-site consumption. However, Valencia Lanes was issued
approval to sell alcoholic beverages on-site prior to the City's incorporation and does not
offer live entertainment or dancing, and closes at 1:00 a.m. Friday and Saturday night and
approximately 11:00 p.m. Sunday through Thursday.
The addition of an alcohol license at the subject site will perpetuate a proliferation of on
and off sale of alcoholic beverages in the immediate area. Within the area utilized for
parking of the dance club, there are six separate businesses offering alcoholic beverages,
four establishments offering on sale and two offering off -sale. Approval of this request will
be the seventh alcohol license issued within a 500 feet radius of the subject site. The
Planning Commission denied an application for alcohol sales on November 21, 1995 noting
a proliferation of alcohol sales along the same Lyons Avenue commercial corridor (22946'x5
Lyons Avenue, Master Case 95-176) as one of the determining factors.
California Alcohol Beverage Control (ABC)
The applicant currently has an application filed with California Alcohol Beverage Control
for a type 41 -restaurant license. This type of license authorizes on and off-site sales for
beer and wine. However, with Planning Commission approval no off site sale of alcohol is
being proposed with this application. The applicant intends to pursue a license that will
allow the sale of distilled beverages but has yet to submit an application with Alcohol
Beverage Control. As of July 1, 2000, the applicant conducted a grand opening of a
restaurant on site. Since that time, the restaurant ceased all operations.
Parking and Occupancy
The Plaza Theater's parking requirements when built was based on occupancy levels and
possibly shared parking agreements. The parking requirements for the theater consist of
one parking space for every three occupants. The initial occupancy of the Plaza Theater
was 756 patrons. However, when the theater remodeled in 1990, the occupancy level was
reduced to 580 to accommodate two additional movie screens thus reducing the parking
ratios. Then in 1999, the main theater was approved for dancing three nights a week which
again brought the occupancy total down to 541. In addition, the movie theaters and the
dance club do not operate at the same time, thus reducing their operating occupancy to 287
for the dance club or 254 for the movie theaters at any one time.
The applicant is not allowed to convert the other two theaters into dance floors because that
would result in higher occupancy levels and the need for more parking spaces that do not
exist within the theater parking lot. The subject site currently has 201 parking spaces
available that the theater shares with Valencia Lanes and Del Taco during club business
hours.
Community Impacts
Since October 1999, there have been five calls for law enforcement service at the subject
site. Two of the calls were the result of intoxicated patrons causing disturbances. Two
additional calls were related to large numbers of juveniles gathering in the parking lot and
causing a disturbance. The last call was the result of loud music emanating from the
establishment. The City's Code Enforcement staff has conducted site visits during the
dance clubs current hours of operation and found the noise level reading to be allowable
under the terms of the City's Noise Ordinance. Extending the days and hours of operation
at the subject site to 4:00 a.m. and the addition of Wednesday and Sunday nights may
potentially increase noise levels impacting residents in the immediate vicinity of the dance
club and increase law enforcement service calls related to noise.
According to Captain Don Rodriguez of the Los Angeles County Sheriffs Department,
allowing a full service bar would only intensify the problems currently experienced at the
subject site. Based upon experience with similar businesses in the area, Captain Rodriguez
anticipates an increase in law enforcement service calls to the subject site pertaining to
fights, loitering, drunken behavior and various other crimes as seen in a memorandum
Captain Rodriguez prepared which is included in your packet.
Applicant's Change of Intent
On November 7, 2000, staff received a letter from the applicant outlining their intent to
change the proposed use for Plaza Cinema Entertainment. The new proposal as described
to staff is substantially different than the item being reviewed tonight. Review of the new
use as described by the applicant requires the formal submittal of a new application with
the supporting materials and a new environmental analysis. As of the date of this meeting,
a new application has not been submitted to staff for review. Staff recommends City
Council deny the appeal for a dance club facility and encourage the applicant to submit a
new conditional use permit for review by the Planning Commission.
PLANNING COMMISSION ACTION
After conducting a public hearing and receiving testimony, the Planning Commission
unanimously denied this project on a 5-0 vote.
FISCAL IMPACT
This proposal could possibly bring in sales tax revenue for the City. However, this proposal
may also result in an incremental increase in law enforcement cost.
ALTERNATIVE ACTION
1. Approve the conditional use permit to allow alcohol service.
2. Other action as determined by the Council.
ATTACHMENTS
Resolution of Project Denial
Site Plan
Floor plan
Vicinity Map
Land Use Map
Appeal letter
Letter From Applicant
Memorandum from Captain Don Rodriguez
Minutes from the July 18, 2000, Planning Commission Meeting
Staff Reports to the Planning Commission (reading file)
Planning Commission Resolution 00-30 (Reading File)
Initial Study / Negative Declaration (reading file)
Letters of Opposition from businesses and citizens (reading file)
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING REGARDING AN APPEAL OF A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DENYING
CONDITIONAL USE PERMIT NO. 00-006 (MASTER CASE NO. 00-087) AND THE
MITIGATED NEGATIVE DECLARATION FOR THE PROJECT (DANCE CLUB 2000).
PUBLIC NOTICE IS HEREBY GIVEN. A Public Hearing will be held before the City of Santa
Clarita City Council on this matter at the following time and location:
DATE: October 24, 2000
TIME: At or after 6:30 p.m.
LOCATION: City Council Chambers
23920 Valencia Boulevard
First Floor
Santa Clarita, CA 91355
PROJECT LOCATION: 23710 Lyons Avenue in the CC (Community Commercial) zone.
APPLICATION: Master Case No. 00-087, Conditional Use Permit No. 00-006
PROJECT DESCRIPTION: The applicant is requesting approval to operate a full bar
Wednesday through Saturday in theater one with dance club hours from 9:00 p.m. until 2:00
a.m. and dance club hours from 9:00 p.m. until 4:00a.m.on Friday and Saturday. Every other
Sunday, the dance club will operate from 9:00 p.m. until 2:00 a.m. No alcohol will be served
after 1:45 a.m. No person under 21 years of age will be allowed in the dance club when alcohol
is being served.
PROJECT PROPONENT: Plaza Cinema Entertainment, Inc.
Proponents, opponents, and any interested persons may appear and be heard on this mattter
during the public hearing. Further information may be obtained by contacting Kelvin Parker
at the Planning Division, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 302,
Santa Clarita, California. Phone No. (661) 255-4330.
If you wish to challenge the action taken on this matter in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or
in written correspondence delivered to the City of Santa Clarita at, or prior to October 11, 2000.
Published: The Newhall Signal October 3, 2000
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