HomeMy WebLinkAboutSR - App-0539-15 - ALCOHOL LICENSE 1701 WEST KATELLA AVENUE4 �P 0
uxxx
AGENDA ITEM
June 9, 2015
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
Interim City Manager
FROM: Anna Pehoushek
Acting Assistant ommunity
Development Director
ReviewedNerifie
City Manager
Finance Direct
To Be Presented By:
Chad Ortlieb
Cons Calendar
_ City Mgr Rpts
Council Reports
_ Legal Affairs
Boards /Cmtes
Public Hrgs
Admin Reports
X Plan /Environ
1. SUBJECT
APPEAL 0539 -15— CENTURY THEATRES, 1701 WEST KATELLA AVENUE
2. SUMMARY
The applicant has appealed the Planning Commission's denial of Conditional Use Permit (CUP
2960 -14), a request to serve beer and wine at an existing theater (Century Theatres) under a State
Alcohol and Beverage Control (ABC) Type 41 License.
3. RECOMMENDATION
Motion on Appeal No. 0539 -15.
4. FISCAL IMPACT
Potential minor sales tax gains from alcoholic beverage sales and /or increase or decrease in theater
patronage due to alcoholic beverage availability.
5. STRATEGIC PLAN GOAL(S)
1 d. Provide for a safe community; assure the development of the City occurs in a fashion that
maximizes public safety.
ITEM:
` I 5 DATE OF MEE"TING:
ITEM 1 6/9/15
6. GENERAL PLAN IMPLEMENTATION
Public Safety Element
Goal 7.0 Improve community safety and reduce opportunities for criminal activity.
Policy 7.5 Maximize security of public spaces, recreation facilities, and new development by
encouraging complementary uses that support a safe environment.
7. DISCUSSION and BACKGROUND
The applicant proposes to serve beer and wine at an existing theater (Century Theatre) under a
State Alcohol and Beverage Control (ABC) Type 41 License. Beer and wine sales would occur
from 10:00 a.m. to 1:00 a.m. from a concession stand separate from the food concessions. The
theater has 5,267 seats. The applicant's letter of justification, operational plan, alcohol policy, and
tenant space photographs are included as attachments for a more comprehensive business
description. Also attached as Exhibit A is a basic site plan and floor plan.
Five issue items were discussed in the attached March 16, 2015, Planning Commission staff report.
The issues are summarized as follows:
1. Existing Licenses within 600 feet of the Site
There are 8 dining establishments in the center that currently serve beer and wine.
2. Sensitive Receptors
There is a recreational vehicle park within 600 feet of the parcel. However, no impact to that
use is identified.
3. Census Tract Alcohol and Crime Statistics Information
The Orange Police Department's Vice Unit reviewed the proposal and opposes the
application (Attachment 7 of the Planning Commission Staff Report — Police Department
Analysis Memo and Recommendation) for the following reasons:
a) Dim theater lighting, poor visibility, and crowdedness make alcohol monitoring
ineffective and make it easier for patrons to share alcohol.
b) Without table seating it is hard to track moving patrons and alcohol consumption.
c) Overconcentration of alcohol licenses in the census tract as follows:
ITEM 2 6/9/15
Alcohol Licenses
Existing Allowed
On Sale Licenses 15 5
Off -Sale Licenses 4 2
d) The area is considered a high crime area as follows:
Crime Statistics
Census
Citywide
Percent
Tract
Average
Above
Arrests
Arrests
Average
91
62
52%
e) The majority of crimes in the census tract are related to alcohol, thefts and narcotic
activities.
4. Operational Plan
The proposed request is different than typical requests for alcoholic beverage service at
restaurants in that a theater does not have a fixed location for consumption on -site. Patrons
may wander from seat to seat or theater to theater.
AMC Theaters at 20 City Boulevard West received Planning Commission approval of
Conditional Use Permit No. 2820 -11 on October 17, 2011, for an Alcoholic Beverage
Control (ABC) Type 47 (On -Sale General - Eating Place) License. However, AMC's
operational plan differed significantly from Century Theatre's plan for the reasons stated in
the Planning Commission staff report (Attachment 3).
5. Police Department Recommended Conditions
In the event the proposal was to be approved, the Police Department provided recommended
conditions of approval. In page 8 of the attached Planning Commission staff report, Planning
Division staff recommends changes to four of the Police Department conditions, should the
project be approved by the Council.
Planning Commission Action
The Planning Commission motion to approve the request received votes in favor from Chair
Buttress and Commissioner Gladson and votes in opposition from Commissioners Steiner and
Correia. Hence with a split vote (2 -2), the project did not receive approval.
ITEM 3 6/9/15
Commission statements in favor of the project reasoned that the Conditional Use Permit would
not be likely to be abused because most people don't get up during a movie to obtain more
beverages and the use could be rescinded if future problems occur. However, it was noted that a
more defined operational plan would be desired.
Commission statements in opposition to the project reasoned that the terms of alcohol service were
too broad and the Police Department's denial recommendation should be adhered to for the reasons
given by the Police Department.
There were no public comments received for the project either verbally or in writing.
8. APPELLANT'S STATEMENT ---7
The applicant submitted an application to appeal the Planning Commissions determination on
March 30, 2015. In the appeal application, the applicant states, "The Planning Commission neither
approved or denied the application as the vote was of 2 -2. We request further review by the City
Council."
9. ATTACHMENTS ::--71
Attachments to Report:
1. Vicinity Map
2. Appeal Application
3. Planning Commission Staff Report Dated March 16, 2015
4. Planning Commission Meeting Minutes Dated February 18, 2015
5. Planning Commission Meeting Minutes Dated March 16, 2015
Exhibits:
A. Submitted Plans and Exhibits labeled May 6, 2015
cc: Century Theatres, Inc. c/o Alcoholic Beverage Consulting
26023 Jefferson Avenue, Suite B
Murrieta, CA 92562
ITEM 4 6/9/15