DISCUSSION:
On September 23, 2003, the City Council continued the hearing to revoke
Conditional Use Permit Nos. 98-18 and 99-34 (ADRD, Inc. dba Gitana, 260 E.
Magnolia Boulevard) to allow ADRD, Inc. time to consider some proposed
amendments to the existing conditional use permits. The proposed amendments
are:
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The nightclub/dance floor portion
of the business shall be immediately closed and remain closed.
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The floor area of Gitana shall be
decreased by approximately 5,000 square feet (the area devoted to nightclub
use) by making modifications to the structure to eliminate any access to and
from the nightclub and Gitana. This separate space would no longer be part of
the conditional use permits and could not be utilized as part of Gitana�s
business. This condition may require the provision of additional exiting from
Gitana and/or the former nightclub area to comply with provisions of the
California Building Code and Burbank Municipal Code pertaining to building
egress and accessibility. If the provision of such exiting is not possible or
if other actions are necessary to maintain code compliance, alternative means
of restricting the use of, and access to, the nightclub area shall be
required.
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Gitana hours of operation shall be
limited to 10 a.m. to 1 a.m. seven days per week.
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ADRD, Inc. shall agree that
Conditional Use Permit Nos. 98-18 and 99-34 shall terminate/sunset in six
months after September 30, 2003 unless that time period is extended by the
City Council. The Council�s decision to grant an extension shall occur at a
public meeting but may occur without a noticed public hearing. In addition,
nothing precludes the Council from holding another revocation hearing in the
event any of the new or current conditions are violated before the end of the
six month period.
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Should ADRD, Inc. wish to continue
operating a use that involves alcohol (other than a restaurant with incidental
alcohol as defined by the Burbank Municipal Code) beyond the six months
allowed under these conditions, ADRD, Inc. should submit a completed
application for a new conditional use permit within 60 days so that the
application can be reasonably processed within six months of September 30,
2003 and prior to the termination of the existing conditional use permits.
In addition to these conditions proposed by the City Council, staff is
recommending that the Council adopt one additional condition as follows:
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Gitana shall make timely payments
toward its bills for cost recovery for police services pursuant to its payment
plan and all future bills shall be paid in full within 30 days of receipt of
the bill. Any late payments shall cause all outstanding payments or bills to
be paid immediately, including any payments which otherwise would be paid
pursuant to a payment plan.
The Council will continue its deliberations on this matter and receive input
from ADRD, Inc. as to whether they desire to accept the Council�s interim
conditions. Attached hereto for reference is a copy of the complete staff
report from the Council meeting of September 23, 2003 including all exhibits.
RECOMMENDATION:
Staff continues to recommend the immediate revocation of the conditional use
permits. However, in accordance with Council direction, a resolution has been
prepared to implement the requested conditions.
LIST OF EXHIBITS:
City Council Staff Report Dated September 23, 2003
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