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Home My WebLink About10-26 - Resolutions RESOLUTION NO. 10-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT CUP99-43R FOR THE BEER MUG,AN EXISTING RESTAURANT AND BAR WITHIN THE REGIONAL RELATED COMMERCIAL DISTRICT, (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN IN THE FOOTHILL MARKETPLACE, LOCATED AT 12809 FOOTHILL BOULEVARD, SUITE C1-C4; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0229-031-33. A. Recitals. 1. On March 24, 2010,the Planning Commission initiated a review of the existing Conditional Use Permit. Hereinafter, in this Resolution,the subject Conditional Use Permit is referred to as"the application." 2. On May 26, 2010, and continued to June 9, 2010, June 23, 2010, and July 14, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This 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 this Commission during the above-referenced public hearing on May 26, 2010, June 9, 2010, June 23, 2010, and July 14, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. On November 23, 1999, the Planning Commission approved CUP 99-43 for the subject business to allow the sale of and on-site consumption of alcoholic beverages (Type 47 Liquor License) at a restaurant called The Beer Hunter Sports Pub and Grill, occupying a lease space of approximately 8,869 square feet and an outdoor dining area of approximately 675 square feet; and b. Subsequently, the restaurant was sold to a new owner and renamed The Beer Mug, and the floor plan was altered by the installation of a dance floor, removal of booths and seating areas and replaced with bar-style tables, installation of a DJ booth, and the installation of nightclub-style lighting. These alterations occurred without Planning Commission review; and C. On March 24, 2010, the City staff presented the Planning Commission with a request from the Police Department for the Commission to initiate a review of the subject business because of the level of calls for police service at the subject business. The Planning Commission granted the request and set the public hearing on the matter for May 26, 2010; and PLANNING COMMISSION RESOLUTION NO. 10-26 CONDITIONAL USE PERMIT CUP99-43 —THE BEER MUG July 14, 2010 Page 2 d. On May 3, 2010, Planning Department Staff along with the Deputy City Attorney met with the business owner and his attorney to discuss the current status of the CUP review, as well as outstanding compliance issues at the property in the hopes of informal resolution; and e. On May 26, 2010, Planning Department Staff prepared a letter to the business owner outlining compliance issues at his property, and requesting the immediate cessation of all entertainment activities at the property. The Planning Commission continued the public hearing to June 9, 2010, at the request of City Staff, in order to provide the business owner an opportunity to address the issues outlined in Staffs letter following the May 3, 2010 meeting; and f. On June 7, 2010, Staff received a letter from the business owner's counsel requesting a continuance of the June 9, 2010 Planning Commission meeting to allow the business more time to prepare his applications for submittal. Staff recommended the Planning Commission continue the public hearing to June 23, 2010; and g. On June 9, 2010, Deputies from the Sheriffs Department along with Planning Department Staff conducted a compliance inspection on the property during which they found the business was offering live entertainment and dancing without the benefit of a valid Entertainment Permit in violation of Section 5.12 of the Rancho Cucamonga Municipal Code, and; h. On June 23, 2010, the Planning Commission continued the public hearing to July 14, 2010 at the request of the business owner's attorney. i. The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number and severity of police calls for service emanating from or associated with the business, including, within the last year, two attempted murders, a battery, and an assault with a deadly weapon. The Planning Commission also heard testimony from the mother of a 19 year-old male who was served alcohol at the business and was later hospitalized with a blood-alcohol content of.45%; and j. The owners have made substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review; and k. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 Liquor License. The June 9, 2010 inspection revealed the business was being operated like a nightclub with a disco ball, dim lighting, and a DJ using a laptop and turntables to mix music for the patrons; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The existing business operation is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The existing business operation has demonstrated that it is detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and C. The Public Safety Records demonstrate that the business is being operated in a PLANNING COMMISSION RESOLUTION NO. 10-26 CONDITIONAL USE PERMIT CUP99-43 —THE BEER MUG July 14, 2010 Page 3 manner contrary to the peace, health, safety, and general welfare of the public and; 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby revokes the application and directs all entertainment and bar uses must terminate within 15 days of the Planning Commission action. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 4�3,j (?�� Richard B. Fletcher, Chairman ATTEST: am . Troye , AICP, Secretary I, James R. Troyer,AICP, 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 on the 14th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE