1997 AGN MAY 06 I16_Appeal_Fantasy Club Alcohol License

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TO: APPROVAL; FROM: SUBJECT: DATE: CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF MAY 6, 1997 Mayor and City Council Community Development lbirector Appeal to the City Council regarding the Planning Commission's Decision to Deny File Index Number DC -47-96 May 1,'1997 BACKGROUND: On March 25, 1997, the Planning Commission conducting a Public Hearing to consider File Index Number DC -47-96, a request from Tom L. Theatres (Fantasy Theatre) for a Conditional Use Permit and Environmental Assessment to allow for liquor sales for on- site consumption at 1091 South La Cadena Drive. The business currently operates as a legal, non -conforming use where beer and wine are sold. The applicants have stated that they are requesting the Conditional Use Permit in order to remain competitive in the area. After receiving public testimony, the Commission denied the request. Attached is a copy of the Official Minutes of the Planning Commission Meeting of March 25, 1997. (Attachment A). Pursuant to Section 18.58.070, Expiration. Revocation and Appeals, Section C2, Appeals Procedures: The action of the Planning Commission in denying an application shall be final and conclusive unless, within ten days following the receipt of notice of the action by the applicant, an appeal in writing is filed with the City Council by the applicant. Upon receipt of a written appeal, the Clerk of the City Council shall advise the Secretary of the Planning Commission. The applicants filed their appeal on April 3, 1997 (Attachment B). DISCUSSION/ANALYSIS. Attached for the Council's review is a copy of the Staff Report (Attachment C) which provided staffs analysis of the proposed project at the Commission Hearing. As noted in the report, the business is located in an Industrial Park (IP) zone. Adult businesses are not allowed in an IP designation. The applicant is currently operating as a legal, non -conforming use. It is staff's opinion that granting a Conditional Use Permit for liquor sales will increase the discrepancy between existing conditions and the guidelines and development standards prescribed by the General Plan and Zoning Ordinance. Staff and the Planning Commission have determined that the application before you is inconsistent with the General Plan and Zoning Ordinance, and therefore, recommends to the City Council, denial of the appeal to grant a Conditional Use Permit to allow liquor sales in a legal, non -conforming use. Item # 16