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HomeMy WebLinkAboutSR - APP-0539-15 - ALCOHOL LICENSE 1701 WEST KATELLAAGENDA ITEM July 14, 2015 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto Interim City Manager FROM: William Crouch P Community Development Director ReviewedNerified By: City Manager Finance Director To Be Presented By: Chad Ortlieb Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Crates _ Public Hrgs Admin Reports X Plan /Environ 1. SUBJECT APPEAL 0539 -15— CENTURY THEATRES, 1701 WEST KATELLA AVENUE 2. SUMMARY At the June 9, 2015, City Council meeting, the City Council directed staff to return with a resolution to grant an appeal of 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 to approve City Council Resolution 10876. 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 1 d. Provide for a safe community; assure the development of the City occurs in a fashion that maximizes public safety. ITEM��. 1 7/14/15 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 On February 18, 2015, the Planning Commission reviewed an application for 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. The Planning Commission vote on a motion to approve the request resulted in a 2 -2 vote based on the individual commissioner justification stated in the Planning Commission minutes (Attachment 5) and in the June 9, 2015, City Council Staff Report (Attachment 7). Hence, the project was not approved. The applicant appealed the Planning Commission decision to the City Council and the matter was heard at the June 9, 2015, City Council meeting. The City Council approved a motion, by a vote of 4 -1, to grant the appeal and directed staff to return with a resolution. Draft City Council Resolution 10876 is provided as Attachment 1 for the City Council's consideration. Draft Resolution 10876 includes additional conditions desired for inclusion in the resolution as discussed by the City Council at the June 9, 2015, meeting, including: Number 10 • Authorizes ability to subsequently re- review the approval each year by Community Development and Police Department staff. 13 • States that the use of the building shall be considered a motion picture theater with accessory food service and accessory alcoholic beverage service pursuant to the requirements of an ABC Type 41 license. Changes to the floor plan or any construction requires Community Development Department approval. 24 • Prevents purchase of drinks for other persons by prohibiting the sale of more than one drink to a customer. 44 • Authorizes the City to review and approve changes in the alcohol permit and business ownership of the site. 49 & 50 • Requires employees with alcoholic beverage training to wear coded ITEM 2 7/14/15 identifying lanyards for sales of alcoholic beverages. • Requires implementation of the applicant's Alcohol Service Policy for age identification procedures. • Establishes a limit of two alcoholic beverages per guest. • Incorporates mandatory adherence to the applicant's Alcohol Service Policy as a condition of approval. • Requires alcoholic beverage service to cease at 11:00 p.m. To date, there have been no public comments received for the project either verbally or in writing. 8. ATTACHMENTS Attachments to Report: 1. Draft City Council Resolution 10876 2. Vicinity Map 3. Appeal Application 4. Planning Commission Staff Report Dated March 16, 2015 5. Planning Commission Meeting Minutes Dated February 18, 2015 6. Planning Commission Meeting Minutes Dated March 16, 2015 7. City Council Staff Report Dated June 9, 2015 8. City Council Meeting Minutes Dated June 9, 2015 Exhibits: A. Submitted Plans and Exhibits labeled July 14, 2015 cc: Century Theatres, Inc. c/o Alcoholic Beverage Consulting 26023 Jefferson Avenue, Suite B Murrieta, CA 92562 Steve Rawlings Alcoholic Beverage Consulting 26023 Jefferson Ave, Suite D Murrieta, CA 92562 ITEM 3 7/14/15