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HomeMy WebLinkAbout05-50 - Resolutions RESOLUTION NO. 05-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-45 FORA RESTAURANT AND BAR WITH LIVE ENTERTAINMENT LOCATED WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1077-621-34. A. Recitals. 1. Conditional Use Permit 88-45 was approved in 1988 for Siam Garden Restaurant by adoption of Planning Commission Resolution 88-242. 2. In 1991, the Planning Commission approved a modification of Conditional Use Permit 88-45 and Entertainment Permit 91-03 on October 23, 1991, by adoption of Planning Commission Resolution No. 88-242A to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill. 3. In 1996, the business was obtained by Mr. Davidson and renamed Margaritaville. In 2004, the business name was changed to Margarita Beach. 4. At the February 2, 2005, City Council meeting, 13 residents spoke on issues associated with the Margarita Beach business that negatively impacted their residential neighborhood, and the matter was referred to the Planning Commission for a review of the issues presented. 5. On March 9, 2005, the Planning Commission conducted a duly noticed public hearing to determine whether substantial evidence existed to set a public hearing for a formal review of business operations at Margarita Beach. At the hearing 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Margarita Beach. Testimony included submission of letters, petitions, and photographs. Also included in the staff report was a summary of Police calls for service. 6. Based on the testimony presented during the evidentiary hearing, the Planning Commission found that a public hearing was appropriate and directed that before said public hearing, the business owner, local residents, and City staff meet and discuss how the issues raised regarding the business could be resolved. 7. On April 19, 2005, City staff met with the business owner and local residents to discuss the issues. Representatives from the Police Department provided a breakdown of the calls for service and responded to questions. 8. The Planning Commission conducted a duly noticed public hearing on April 27, May 11, June 22, and July 13, 2005 concerning the business operations and modification of CUP No. 88-45. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD- MARGARITA BEACH July 13, 2005 Page 2 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on April 27, May 11, June 22, and July 13, 2005, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The CUP modification applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with a multi-tenant commercial building; and b. The subject property is surrounded by apartments to the north, a mobile home park to the south, residences development to the east and west, and a service station to the west; and C. The CUP modification applies to a 3,440 square foot leased space that includes the Margarita Beach restaurant and bar, dance floor, the serving of alcoholic beverages, live entertainment, and is currently permitted to be open between the hours of 11:00 a.m. to 2:00 a.m. daily; and d. Planning Commission Resolution No. 88-242A includes conditions of approval that require the serving of alcoholic beverages to be limited to those hours when the full listed food menu items are available. While the current operation of Margarita Beach continues to serve food, the business is largely focused on the bar and entertainment as the primary activity as its advertisements attest. In violation of Conditions 1 and 2 of Resolution No. 88-242A,the applicant at- the March 9, 2005 Planning Commission meeting testified that they offer a full menu only until 10:00 p.m., such as steaks, fish, and chicken. Further, the business owner did not provide any documentation that the restaurant use, as previously approved, is the primary focus of the Margarita Beach business. Such documentation would include business records reflecting that the percentage of gross receipts for food sales greatly exceeds gross receipts attributable to alcohol sales, or business records reflecting that their expenditures for restaurant food menu items greatly exceeds expenditures for the purchase of alcohol that will be resold; and e. Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005 meeting, the four members of the Commission (one absent)concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub; and f. The findings made by the Planning Commission in their Resolution No. 88-242A granting Conditional Use Permit 88-45 indicate that the use "will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity." However, testimony has been received from numerous residents of the surrounding neighborhood indicating a variety of adverse impacts associated with Margarita Beach's operation and its customers including, but not limited to, regular, extended parking by Margarita Beach customers in front of residences, excessive noise during late nighUearly morning hours, and loitering of patrons within adjacent residential neighborhood across Ramona Avenue; and g. On June 30, 2005, staff visited the website of radio station X-103.9 and found seven photographs identified as being from Margarita Beach. One of these photographs shows a woman PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD- MARGARITA BEACH July 13, 2005 Page 3 from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of"Specified Anatomical Areas"by the City's Adult Entertainment Business Ordinance; and h. One print advertisement states"XX every Friday Night at Margarita Beach"including "$2.00 sex shots all night long." All of the advertising refers readers to"www.ieparty.com"for more details. The www.ieparty.com website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman,and a woman's buttocks being fondled. The acts depicted in these three photographs are included within the definition of"Specific Sexual Activities"set forth in the Adult Entertainment Business Ordinance. The Adult Entertainment Ordinance defines a commercial business that provides "a place where two or more persons may congregate, associate, or consort in connection with'Specified Sexual Activities'or the exposure of 'Specified Anatomical Areas' as a "Sexual Encounter Establishment" ; and I. The Planning Commission Resolution No. 88-242A also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes. On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the California Labor Code by permitting smoking inside the business. Prior to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. j. The proposed use,together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Districts. 3. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, ("CEQA") and the Guidelines promulgated thereunder, pursuant to Section 15301 of the Guidelines. 4. Based upon the substantial evidence presented to the Commission during the above-referenced public hearings, and upon the specific findings of facts set forth in paragraphs 1,2 and 3 above, the Planning Commission finds that the business owner's violation of the Conditional Use Permit, and/or the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood. 5. Based on the violations identified above and in order to insure future compliance with the conditions of Planning Commission Resolution No. 88-242A, this Commission hereby modifies Conditional Use Permit No. CUP88-45 by adopting the following conditions: 1) The serving of alcoholic beverages shall be in conjunction only with a restaurant use and the availability of all items listed on the menu. The sale and/or serving of alcoholic beverages shall cease when full listed menu items are not available to customers. At all times, menu items shall include full, hot "meals," as defined in California Business and Professions Code Section 23038. 2) The primary use shall be a restaurant and "bona fide eating place" as defined in California Business and Professions Code Section 23038, PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD- MARGARITA BEACH July 13, 2005 Page 4 with ancillary serving of alcoholic beverages. In order to establish compliance with this condition, within 15 days of the effective date of this Resolution, and every three (3) months thereafter, the business owner shall provide the City Planner with satisfactory documentation reflecting the percentage of actual gross receipts attributable to restaurant food sales, and to the sales of alcoholic beverages, for the first two quarters of 2005. Alternatively, the business owner may provide satisfactory documentation of the business expenditures for restaurant food menu items and for alcoholic beverages, for the same period of time. 3) Within 15 days of the effective date of this Resolution, the applicant shall provide the City Planner with an updated floor plan of the lease space indicating the layout of the space and specific location and type of tables and chairs, for review and approval. 4) The serving of alcohol in conjunction with restaurant usage may occur only between the hours of 11:00 a.m. to 11:00 p.m. The restaurant use may remain open until Midnight. 5) The business owner shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control (ABC), including, but not limited to, those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143.3 of Title 4 of the California Code of Regulations). 6) All business activities shall be conducted inside the building. 7) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to Midnight. 8) All customers shall use the front (south) entrancelexit, and use of the rear(north) parking lot shall be limited to employees only. 9) No entertainment activity shall create any noise that exceeds an exterior noise level of 60dB during the hours of 10:00 p.m. to 7:00 a.m., or 65dB during the hours of 7:00 a.m. to 10:00 p.m., or that otherwise unreasonably interferes with the peace and quiet of any adjoining property. The business owner shall not permit entertainment on the premises, except as authorized by a valid Entertainment Permit 10) The use of search lights, or flashing or otherwise light-animated signs which contain or are illuminated by flashing or moving lights or lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner, shall not be permitted. 11) The business owner shall be responsible for the clean up and general maintenance of the areas in front and behind the lease space, and in any and all parking lot areas occupied by its patrons. All collected trash PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD- MARGARITA BEACH July 13, 2005 Page 5 and debris shall be properly disposed in the trash receptacles located on the site. 12) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements of the Foothill Boulevard Districts, all applicable City Ordinances, Rancho Cucamonga Fire Protection�District, and Public Health Codes. The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition. 13) Any modification to the floor plan, expansion, or other change in operation shall require a revision to this Conditional Use Permit and associated Entertainment Permit. 14) All signage, including window signs, shall be in conformance with the Comprehensive Sign Ordinance of the City of Rancho Cucamonga,the applicable Uniform Sign Program for the center, and shall require review and approval by the Planning Department. 15) The dance floor maximum square footage shall not exceed 150 square feet. 16) In the event the business owner fails, at any time, to comply with all the conditions of approval, as amended, or; the operation of the business causes adverse effects generating complaints by nearby property owners, or; the operation of the business generates a significant number of requests for service by the Police Department, then the Conditional Use Permit shall be brought before the Planning Commission for consideration, including possible modification, imposition of additional conditions, and/or revocation of the Conditional Use Permit. 17) The maximum number of occupants shall not exceed permissible limits under the building and fire codes. The maximum occupancy for the use is 233 persons and shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 18) No adult entertainment, as defined by the Rancho Cucamonga Municipal Code Section 17.04.090, shall be permitted. 19) Uniformed security personnel shall be provided within the parking area at all times during evening business hours (8:00 p.m. to Midnight) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the front parking lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD- MARGARITA BEACH July 13, 2005 Page 6 not to park within the adjacent residential neighborhood. Security personnel shall immediately report any observed criminal activities to the Police Department. 20) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, or other off-site locations. On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot. The number, location, and language of said signs shall be reviewed and approved by the City Planner. 21) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval. Two successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review. 22) The business owner shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: "'2z �' Rich Macias, Chairman ATTEST: Brad ul , e tary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD- MARGARITA BEACH July 13, 2005 Page 7 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: COMMISSIONERS: STEWART ABSENT: COMMISSIONERS: NONE