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Home My WebLink About2000-11-28 - RESOLUTIONS - DENIAL CUP 23710 LYONS AVE (2)RESOLUTION NO. 00-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DENY WITHOUT PREJUDICE CONDITIONAL USE PERMIT 00-006 REQUEST FOR OPERATION OF A FULL BAR LOCATED AT 23710 LYONS AVENUE. (MASTER CASE 00-087) WHEREAS, the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: A. An application for a conditional use permit was filed on March 2, 2000 by Plaza Cinema Entertainment (the "applicant"). The property for which this entitlement has been filed is located at 23710 Lyons Avenue. The eristing zoning and general plan designations for the property are CC (Community Commercial). B. The applicant has proposed a conditional use permit to allow Wednesday through Saturday in theater one with dance club hours from 9:00 p.m. until 2:00 a.m. Wednesday and Thursday 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. C. The surrounding land uses include multi -family residential to the south, single family residential to the west, commercial uses to the east with open space and single family residential located north of the subject site. The application was circulated for City department and agency review upon submittal. A development review committee meeting was held on the project to discuss the issues related to a change in use. D. The project necessitates the filing of a conditional use permit due to parking for the proposed change of use is located within 500 feet of a public playground and 250 feet of single family and multi -family dwellings. E. At the hearing of July 18, 2000, the Planning Commission considered the staff report prepared for this project and received testimony on this proposal. F. The July 18, 2000, Planning Commission meeting was continued to the August 1, 2000, Planning Commission meeting to allow staff to prepare a resolution of denial. G. On August 1, 2000 the Planning Commission voted 5-0 (unanimous decision) to deny the project. H. On August 16, 2000 the applicant appealed the decision to the City Council. r I. On October 24, 2000, the City Council of the City of Santa Clarita continued the public meeting as a result that the applicant could not appear at the meeting because of a family emergency. The item was continued to the November 28, 2000 City Council meeting. J. On November 28, 2000, the City Council of the City of Santa Clarita conducted a public meeting for Conditional Use Permit No. 00-006 (Master Case No. 00- 087). The public meeting was held on or after 6:30 p.m. at City Hall; Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California. WHEREAS, based upon the above findings of fact, and upon studies and investigations made on behalf of the City Council, the City Council further finds the following General Plan findings: a. The City's General Plan designation for the project site is Community Commercial (CC). The project is consistent with approval of a conditional use permit. WHEREAS, based upon the above findings of fact, and upon studies and investigations made on behalf of the City Council, the City Council further finds the following Conditional Use Permit findings: a. That the proposed location, size, design, and operating characteristics of the development is in accordance with the purpose of the Development Code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies and standards of the City. The proposed operation of an after-hours nightclub with a full bar open two additional days is not in accordance with the purpose of the Unified Development Code, the Santa Clarita General Plan and the development policies and standards of the City. The proposed request would not be consistent General Plan Goal 4 of the Land Use Element which seeks "to ensure that development in, the City is consistent with the overall community character and that it contributes in a positive way toward the City's image." Additionally, this request conflicts with General Plan Goal 4.15 of the Land Use Element which seeks to "maintain, and/or enhance the character of the various communities through compatible land use standards design guidelines, while promoting an overall identity for the Santa Clarita Valley. " The simultaneous functioning of these two conflicting uses, an after- hours night club with full service bar and residential dwellings, immediately adjacent to one another would be incompatible with the City's General Plan goals previously mentioned, because such a condition would substantially detract from the predominantly family-oriented neighborhood character of the surrounding area. b. The proposed operation of an after hours nightclub with a full bar open two additional days does not comply with the existing zoning designation, and therefore, this project will not be compatible with and would adversely affect or be materially detrimental to adjacent uses, buildings and structures, or natural resources with consideration given to: 1. Harmony in scale, bulk, coverage, and density: New construction is not a part of this proposal. The scale, bulk, overage, and density of the subject site will remain unchanged and is already the same as the surrounding commercial structures. 2. The availability of public facilities, services, and utilities: The subject site is currently developed and public facilities, services, and utilities already available. C. That the location, size, design, and operating characteristics of the development and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity: The proposed operation of an after- hours nightclub with a full bar open two additional days would have a harmful effect on the desirable family-oriented neighborhood character in the area. The subject site is bound by residential uses to the north, south and west. The Peachland Condominiums are approximately 70 feet away from the dance club and are direct view of the establishment. Noise generated from patrons of the business in the parking lot and traffic leaving the establishment will have a detrimental effect on the adjacent residential neighborhood. The project as proposed is inconsistent with the family-oriented character of a residential neighborhood. Based upon experience with similar businesses in the area, Captain Rodriguez of the Los Angeles County Sheriffs Department anticipates an increase in law enforcement service calls to the subject site pertaining to fights, loitering, drunken behavior and various other unseemly and criminal activities. d. That the development will comply with each of the applicable provisions in the Development Code except for an approved variance or adjustment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Council hereby denies without prejudice Conditional Use Permit No. 00-006. SECTION 2. The City Clerk shall certify the adoption of this Resolution. SECTION S. This resolution shall be effective immediately upon its adoption. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 28" day of November, 2000 by the following vote of Council: AYES: COUNCII.MEMBERS: Weste, Smyth, Ferry, Kellar NOES: COUNCILMEMBERS: Darcy ABSENT: COUNCILMEMBERS: None �' . ' 6- e 91 DI *%A eounciAres00-152