HomeMy WebLinkAbout10-147 - Resolutions RESOLUTION NO.10-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA DENYING THE APPEAL OF THE
DECISION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA TO REVOKE CONDITIONAL USE
PERMIT 99-43, SUSTAINING THE REVOCATION OF THAT
CONDITIONAL USE PERMIT AND MAKING FINDINGS IN
SUPPORT THEREOF
A. Recitals.
(i) Conditional Use Permit 99-43 ("the CUP" hereinafter) was approved by the
adoption of Resolution 99-26 of the Planning Commission of the City of Rancho Cucamonga
("the Planning Commission" hereinafter) on November 23, 1999.
(ii) The CUP provides discretionary approval for the sale and consumption of beer,
wine and distilled spirits in conjunction with the operation of a restaurant at 12809 Foothill
Boulevard, Rancho Cucamonga, California, Suite C1-C4 ("the Site" hereinafter).
(iii) During part of 2009 and throughout 2010, the CUP has been utilized by Mr.
Jesus Roig and ROIG Restaurant Group, Inc.. ("the Permit Holders" hereinafter) through the
operation of an establishment named the Beer Mug.
(iv) On March 24, 2010, in response to a request from the San Bernardino County
Sheriffs' Department (the City of Rancho Cucamonga's contract police services provider), the
Planning Commission directed its staff to set the CUP for review and possible modification or
revocation.
(v) The hearing described in Recital (iv) was set to occur on June 9, 2010.
(vi) In accordance with a request made by counsel for the Permit Holders, the
hearing referred to above was continued to occur at the Planning Commission meeting of July
14, 2010.
(vii) The Planning Commission conducted a duly noticed public hearing on the review
and possible modification or revocation of the CUP and, after concluding that hearing, revoked
the CUP.
(viii) The Permit Holders' timely appealed of the Planning Commission's decision to
revoke the CUP to this Council.
(ix) On September 1, 2010 and October 6, 2010, this Council conducted and
concluded a duly noticed public hearing of the appeal of the Planning Commission's revocation
of the CUP.
(x) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby find,
determine, conclude and resolve as follows:
1. This Council hereby specifically finds that all of the facts stated in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the evidence presented to this Council during the hearing referenced
above, this Council hereby finds that all of the facts stated in Exhibit A to this Resolution are true
and correct.
3. Based upon the facts found by this Council to be true as referenced in
paragraphs 1 and 2 of this Resolution and in part contained in Exhibit A to this Resolution, this
Council hereby further finds and concludes as follows:
a. The Permit Holders have operated the Beer Mug in a manner detrimental
to the public health, safety and welfare;
b. The Permit Holders have operated the Beer Mug utilizing a modified floor
plan never reviewed by the City of Rancho Cucamonga staff or the Planning Commission,
thereby facilitating the operation of a night club at the Beer Mug Site;
C. The Permit Holders have provided live entertainment at the Beer Mug
without obtaining a valid and applicable live entertainment permit from the City of Rancho
Cucamonga; and
d. The Permit Holders have conducted a night club use at the Beer Mug
during which alcoholic beverages have been sold and consumed in the Beer Mug without
obtaining a Conditional Use Permit which authorizes the sale of alcoholic beverages in
conjunction with that use.
4. Based upon the findings and conclusions referenced and contained in
paragraphs 1, 2, and 3 of this Resolution, including, but not limited to, the contents of Exhibit A
to this Resolution, this Council finds and concludes that the CUP is not being conducted in an
appropriate manner by the Permit Holders and that modifications are not available to mitigate
the impacts thereof.
5. Based upon the findings and conclusions referenced and contained in
paragraphs 1, 2, 3 and 4 of this Resolution, including, but not limited to, the contents of Exhibit
A to this Resolution, this Council hereby sustains the action of the Planning commission
revoking the CUP effective immediately.
6. This Council hereby states that it would have taken the action stated in
paragraph 4 of this Resolution based on any one of the 4 findings and conclusions stated in
paragraph 3 hereof, each of which is considered by this Council to be a sufficient alternative
ground for revocation of the CUP.
7. This Council hereby provides notice to Mr. Jesus Roig and ROIG Restaurant
Group, Inc., that the time within which judicial review of the decision contained in the
Resolution is governed by the provisions of California Code of Civil Procedure Section 1094.6
8. The City Clerk shall certify to the adoption of this Resolution and forthwith
transmit a certified copy of this Resolution, by certified mail to the Permit Holders at their
address identified in City Records.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 10-147— Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 6`h day of October 2010.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
L
L. e nis ichael, Mayo Pro Tem
ATTEST:
nice C. Reynolds, Citf Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 61h day of October 2010.
Executed this 7th day of October 2010, at Rancho Cucamonga, California.
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nice C. Reynolds, City Clerk
Resolution No. 10-147 — Page 3 of 6
EXHIBIT A — FINDINGS OF FACTS RELATED TO
REVOCATION OF CONDITIONAL USE PERMIT 99-43
1. On February 11, 1998, pursuant to an application filed by Mr. Michael Galaz, the
Planning Commission adopted its Resolution 98-06 thereby approving Conditional Use
Permit No. 97-30 which conditionally allowed the sale of alcoholic beverages at the Site
in conjunction with a restaurant/sports grill.
2. Paragraph 8 of Planning Commission Resolution No.. 98-06 provided as follows:
"If the operation of the business creates law enforcement and/or fire
safety problems, such as, but not limited to, loitering and disturbances,
noise, overcrowding, blocked fire exits, etc., the Conditional Use Permit
shall be brought before the Planning Commission for consideration of
modification and/or revocation."
3. On February 11, 1998, the Planning Commission adopted its Resolution No. 98-07
thereby allowing live entertaining at the Site specified as follows in Planning Division
Condition 1 contained in the Resolution:
"This approval is only for a sports bar with indoor live entertainment, DJ
music, karaoke, dancing and amusement devices (arcade games, pool
tables, dart boards, kids' play area). Any change of intensity or type of
entertainment shall require a modification to this permit."
4. Planning Division Condition 8 stated in Planning Commission Resolution No. 98-07
provides the following:
"This permit shall be renewed annually by the applicant per Municipal
Code Section 5.12.115."
5. On November 23, 1999, pursuant to an application filed by Bob Roy Restaurants, Inc.,
related to the operation of a business known as the Beer Hunter Sports Pub and Grill at
the Site, the Planning Commission adopted its Resolution No. 99-26 conditionally
allowing the sale and consumption of alcoholic beverages at the Site in conjunction with
that use.
6. Resolution No. 99-26 replaced and superseded Planning Commission Resolutions Nos.
98-06 and 98-07 and precludes the provision of live entertainment to be conducted on
the Site as specifically stated in subparagraph 2.c of Resolution No. 99-26.
7. Planning Division Condition 7 contained in Resolution No. 99-26 provides as follows:
"If the operation of the business creates law enforcement and/or fire
safety problems, such as, but not limited to, loitering and disturbances,
noise, overcrowding, blocked fire exits, etc., the Conditional Use Permit
shall be brought before the City Planner for consideration of modification
and/or revocation."
8. Conditional Use Permit 99-43 is subject to the following standard condition:
Resolution No. 10-147— Page 4 of 6
"The site shall be developed and maintained in accordance with the
approved plans which include site plans, architectural elevations, exterior
materials and colors, landscaping, sign program, and grading on file in
the Planning Division, the conditions contained herein, Development
Code regulations and the Foothill Boulevard Specific Plan."
9. During 2008, City of Rancho Cucamonga staff inadvertently and invalidly purported to
transfer the entertainment permit embodied in Planning Commission Resolutions Nos.
98-06 and 98-07 to the Permit Holders.
10. Commencing during January, 2010, City of Rancho Cucamonga staff has repeatedly
noticed and informed the Permit Holders and their legal counsel that no valid permit
allowing live entertainment to occur at the Site had been issued to the Permit Holders by
the City of Rancho Cucamonga and those communications included requests that the
Permit Holders discontinue such live entertainment.
11. Subsequent to the City informing them that they did not have a valid live entertainment
permit for the Site, the Permit Holders never applied for a new live entertainment permit
applicable to their operation of the Beer Mug despite repeated opportunities to do so and
statements by their attorney that they would submit such an application.
12. The live entertainment conducted by the Permit Holders at the Site included scantily clad
female dancers utilizing a pole in a manner commonly characterized as burlesque, a
type of live entertainment not provided for in Planning Commission Resolutions Nos. 98-
06 and 98-07.
13. Internet advertisements seeking to attract patrons to the Beer Mug featured the
burlesque type of entertainment referred to above.
14. The Permit Holders have operated the Beer Mug utilizing a floor plan which deviates
from the plans allowed pursuant to Planning Commission Resolution No. 99-43 and the
CUP and the floor plan so utilized includes the addition of a large dance floor, the
removal of booths and seating areas and the installation of a disc jockey booth, thereby
facilitating the operation of a nightclub instead of a restaurant at the Site.
15. Neither the staff of the City of Rancho Cucamonga nor the Planning Commission or any
other City official has reviewed or approved the floor plan modifications referred to in
paragraph 14 above.
16. The Permit Holders have converted the Beer Mug from a restaurant to a nightclub at a
minimum from the hour of 9:00 p.m. to the hour of 2:00 a.m., precluding persons under
21 years of age from entering or remaining at the Site during that time period while
providing the live entertainment referred to above during that time period.
17. Since the Permit Holders began operating the Beer Mug, there have been responses to
numerous calls for police services to the Site including calls concerning the following five
events involving patrons of the Beer Mug:
A. An event which occurred at about 1:30 a.m. on October 18, 2009 during which 5
persons were shot with a high caliber revolver during an altercation in the parking
lot at the Site;
Resolution No. 10-147— Page 5 of 6
B. An event which occurred at about 1:59 a.m. on October 31, 2009 during which a
mosh pit broke out in the interior of the Beer Mug which resulted in violent
patrons having to be tazed by the security personnel in order to control them;
C. An event which occurred at about 2:17 a.m. on January 23, 2010 during which a
fight broke out due to a person urinating next to a particular vehicle in the parking
lot at the Site, resulting in two persons being stabbed and two persons being
assaulted with fists;
D. An event which occurred at about 44 minutes after midnight on March 26, 2010
during which two Beer Mug employees were confronted, kicked, punched and
pepper sprayed by six patrons when the employees attempted to escort those
people out of the Beer Mug; and
E. An event which occurred at about 1:42 a.m. on May 8, 2010, during which a
minor was served alcohol at the Beer Mug, was carried out of the bar and left by
Beer Mug personnel, placed in a planter, and ultimately transported by
ambulance to San Antonio Community Hospital where he was treated in the
intensive care unit for acute alcohol intoxication.
Resolution No. 10-147— Page 6 of 6