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HomeMy WebLinkAbout93-93 - Resolutions RESOLUTION NO. 93-93 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENTERTAINMENT PERMIT NO. 91-04 FOR BACKWATERS, A RESTAURANT, BAR, AND NIGHTCLUB, LOCATED AT 10877 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-351-75. A. Recitals. (i) On December 17, 1991, the Planning Commission adopted Resolution No. 91-190, approving Entertainment Permit No. 91-04 for Backwaters, a restaurant, bar, and nightclub with the following entertainment uses: disc jockey doing vocals, playing records and videos; live acts such as comedy, magic, dancing, and fashion shows; live bands (5 members or less) ; lip syncing; special promotions such as talent night contest, promotion of sports teams, major sports event through satellite TV, college bowl, and trivial questions contests, subject to specified conditions. (ii) On May 12, and continued to June 9, 1993, the Planning Commission, with the consent of the applicant, limited the entertainment to patrons 21 years and older for three months as a test period in response to public safety nuisance problems. The Commission then continued the hearing to the September 8, 1993, meeting. (iii) On September 8, 1993, the Planning Commission reviewed Backwaters' operation plan and the results of monitoring Backwaters with the age restriction. The Commission continued the hearing to November 10, 1993, in order for the applicant to address the overflow parking issue. (iv) On November 10, 1993, the Planning Commission reviewed the parking plan and found it acceptable. The Commission concluded said hearing and determined to modify the Entertainment Permit instead of revoking it. (v) 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 substantial evidence presented to this Commission during the above-referenced public hearing on May 12, June 9, September 8, and November 10, 1993, including written and oral staff reports, together with testimony from the public, the Rancho Cucamonga Police Department, and Fire Protection District, this Commission hereby specifically finds as follows: (a) The special promotion of entertainment provided by Backwaters has attracted a high number of patrons creating overcrowding, illegal overflow parking, and criminal activities. PLANNING COMMISSION RESOLUTION NO. 93-93 MOD. TO EP 91-04 - BACKWATERS November 10, 1993 Page 2 (b) The Police responded 27 times to Backwaters between November of 1992 and April of 1993. Of the total, 18 reports have been filed which range from attempted murder, assault with a deadly weapon, assault with serious bodily injuries, battery, possession and/or concealment of stolen guns, attempted grand theft, and burglary-vehicle to vandalism and disturbances. (c) The Fire Protection District continued to expend time and personnel to respond to the site as a result of disturbances, shootings, battery, and assault between November of 1992 and April of 1993. (d) The public streets and the private parking areas of adjacent businesses have been impacted by the illegal overflow parking of cars from the patrons of Backwaters. (e) On June 9, 1993, the Commission restricted the entertainment to patrons 21 years and older for a test period of three months so that staff could monitor whether some of the public nuisance problems could be alleviated. (f) The monitoring results of this six-month period indicated that: the overcrowding, traffic, and parking problems have reduced significantly and the impacts to the Fire and Police resources have been minimized. (g) The applicant has submitted an Operational Plan that addressed adequately the safety concerns raised by the Commission, as described in Exhibit "A," attached hereto and incorporated herein by reference. 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 applicant conducted the business in a manner not contrary to the peace, health, safety, and general welfare of the public. (b) The applicant demonstrated that he is fit to be trusted with the privileges of such permit. 4. Based upon findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies Entertainment Permit No. 91-04 subject to the following conditions: Planning Division 1) All conditions of approval, except for Condition No. 4, as contained in Planning Commission Resolution No. 91-190 shall apply, a copy of which is attached hereto and incorporated herein by reference. PLANNING COMMISSION RESOLUTION NO. 93-93 MOD. TO EP 91-04 - BACKWATERS November 10, 1993 Page 3 2) The hours of operation for the entertainment shall be limited to Sunday through Saturday from 9 p.m. to 2 a.m. 3) The entertainment and the nightclub shall be limited to patrons age 21 and over, except for the restaurant (dining) patrons. 4) The maximum occupancy for the entire building shall be limited to 532 people. Any increase of occupancy shall require an expansion of the parking lot subject to the City's review process, prior to approval of the increased occupancy. 5) The applicant shall adhere to the Operational Plan as shown in Exhibit "A. " 6) The maximum number of pre-sale tickets for a special event or promotion shall not exceed 532 tickets. 7) Double parking between drive aisles shall not be allowed. 8) The Planning Commission shall conduct a compliance review one year from the date of this modification. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993. PLANNING COMMI-SION OF THE CITY OF RANCHO CUCAMONGA )2'is BY: �� aL � arry 11 ' cNiel, Chairman i ATTEST: �;i l���a — BrIr er, I 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 10th day of November 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VALLETTE FROM 0+. :`• 135r l3: `.`. . 2 • BACKWATERS INC, '17 . 10877 Foothill Blvd. Rude Cuaelongs, CA 91730 (909)466-1186 FAX(909)466-1208 AUG 2 6 ; 7t8tst9t# +2tMalti Operadonal Opetatbnal Procedure A. Manager will be on duty at all dross the night clubs in operation. We have hired a bar managa,The Turner. He will be in charge the S nigh the club is is op tioa. He will also be the coact person with the police dept. at all mead On special events ova 300 capacity them will be 3 mangers on duty. • B. Small events of 150 or leas will have a minimum of three(3) seem*personnel and two(2)outside security. The outside security is provided b a pdvate,licensed security company to patrol the parking lot. All other security pemonoel will gund the club Stances and the inside of theclub. Eva of more than 150 pee b will have a minimum of 6 inside "I ale s � SEE br( 41D 2 FbR NJ OW oars De _//�� C. Outside security will be recognizable a dark-colored Peace Off cet'sS gg As S� gis p� ly MiS,they will polka lot entnoas S exits and a mast lC In the parking loci by a consistent flow of patrons from dreir autos to the club entrance. At night's end,they insure a quick and safe exit from the parking lot D. laude security will be recognizable by their white tuxedo shpts and black bow tie and P�ddongame badge,or black ilk screened Backwaters whirls with a name badge. A. Parking will be on the Backwaters 140 valet service will be used at this time. Potions will be directed to fill the center lane of the pairing lot,and will not be allowed to park where there will be obetrucdon of the fire lanes or entrances and exits. Two security officers will be responsible for directing flow of traffic and parking. They will be recognizable by their white shills and flash light Once the parking lot is full the club will close for the night Set Matt f" 2 " { . Of sot C o PARICAA s kiers Adtittwatem will comply with all city codes with regards to the posting of signs. Backwaters will also assist if posters or flyers become a situation. Bateet inmeat Guest will be limited to small names,and pre-sale of tickets will be available, Nor • b Kept, .%ate Mkx'M OM AlO • OF occO owe/ ep 5 3a • Calatdat of Evens One week's notice Is preferred by the City, however a minimum of 48 has' notice will be ttivea. EP 91-04 1...i5'C p.1CYWATER 'S 1 1, _ U —I— 2 1 :1377 Foothill Blvd . �/,a,yf PLAN T 7 ,1cho Cucamonga , CA 91730 �`��"'''" J`. 5 Sq . Ft . Dining & Bar iY n- r,,:-- +,, - ;r.. 1",, - r P1an same as "Polo Grounds"-NAHE CHANGE ONLY . l eX/fcZUVgfr NUii 2 6 1y5 ■ 60 A1"CR maid AN PC �. 11819110t114124112}3 4'516 1 ` Ci. ••,:e ter_ 7.4�. 4.:_,V KITCHEN h?VAA • _-&f'.:--;- -:' . yit,:.•::,-. to N iN s • .` an ay Lieu wee 4 tf ' k. iii . ; ':Jy���y,�.. 1 ' �• ... s ° Hanv .iOnasae .4ta4s• n.n.n.ar - �� ----- •I oc .=_=_=--_= ____ RESOLUTION NO. 91-190 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-04, A REQUEST TO CONDUCT LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED AT 10877 FOOTHILL BOULEVARD IN SUBAREA 7 OF THE INDUSTRIAL AREA SPECIFIC PLAN, AS FOLLOWS: DISC JOCKEY DOING VOCALS, PLAYING RECORDS, AND VIDEOS; LIVE ACTS SUCH AS COMEDY, MAGIC, DANCING, AND FASHION SHOWS; LIVE BANDS (5 MEMBERS OR LESS) ; LIP SYNCING; SPECIAL PROMOTIONS SUCH AS TALENT NIGHT CONTEST, PROMOTION OF SPORTS TEAMS, MAJOR SPORTS EVENTS THROUGH SATELLITE TV, COLLEGE BOWL, AND TRIVIAL QUESTIONS CONTESTS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-351-75. A. Recitals. (i) On October 9, 1991, Mike Sims filed an application for the issuance of an Entertainment Permit No. 91-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment _ Permit request is referred to as "the application. " (ii) On the 11th day of December 1991 and continued to the 17th day of December 1991, 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. (iii) 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 substantial evidence presented to this Commission during the above-referenced public hearing on December 17, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the southwest corner of Foothill Boulevard and Spruce Avenue, and is currently developed with a restaurant/night club and associated parking. b. The property to the north is developed with a shopping center, the property to the south is vacant, the property to the east is under construction for a hotel, and the property to the west is vacant. PLANNING COMMISSION RESOLUTION NO. 91-190 EP 91-04 - MIKE SIMS December 17, 1991 Page 2 c. The applicant has indicated on the application that neither the applicant or any persons responsible for the management or supervision of Backwater's has, within the previous 10 years, been convicted of a crime; nor has the applicant had any permit or license issued in conjunction with the sale of alcohol provision of entertainment been revoked. 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. That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; b. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; c. That the granting of the application would not create a public nuisance. d. That the applicant, or any other person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude, nor has had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked with the preceding five years; e. That the normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) This approval is granted for the following entertainment uses: a) Disc jockey doing vocals, playing records, and videos; b) Live acts of comedy, magic, and dancing; c) Fashion shows consisting of evening wear and fashionable attire (no nudity or see-through or wet fabrics) ; PLANNING COMMISSION RESOLUTION NO. 91-190 EP 91-04 - MIKE SIMS December 17, 1991 Page 3 d) Live bands (5 members or less) ; e) Lip syncing; f) Special promotions for talent night contests, promotion of sports teams, major sports events through satellite TV, college bowl, and trivia question contests. 2) All persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this condition shall apply only where a dance floor or dance area in excess of 150 square feet is available or designated for dancing by customers or patrons. 3) A minimum of two duly licensed, certified, or trained and regularly employed security guards from a reputable security firm shall be required to be on the premises from 6 p.m. until two hours after the cessation of any entertainment. At least one of said guards to be in "peace officer" uniform and remain on duty in the parking and outside adjacent areas of the facility. 4) The hours of operation for entertainment shall be limited to Sunday through Saturday, 6 p.m. to 2 a.m. 5) No more than ten contestants shall be allowed to compete in a talent night event. The scope of the "talent night" shall be limited to lip sync acts, singing and/or dancing acts, magic acts, and comedy acts. 6) The applicant shall submit a monthly calendar of entertainment events to the City Planner for review of compliance with the approved entertainment uses. 7) The applicant shall submit a security management program indicating which reputable security firm will be employed and the number of security guards on duty on any one shift, etc. , subject to City Planner review and approval prior to the occupancy of the building and commencement of use. PLANNING COMMISSION RESOLUTION NO. 91-190 EP 91-04 - MIKE SIMS December 17, 1991 Page 4 8) All landscaped areas shall be kept free from weeds and debris, maintained in a healthy and thriving condition, and receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 9) The applicant shall replace all missing landscape materials according to any detailed landscape plan approved by the City Planner. Upon completion of the landscaping, the applicant shall contact the Planning Division for an inspection prior to occupancy of the building. Additional landscape materials may be required if an on-site inspection of the site reveals any apparent landscaping deficiencies. 10) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 11) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Prior to occupancy, the applicant shall obtain a new permit for public assembly from the Rancho Cucamonga Fire Protection District. 12) Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 13) If the operation of the business creates law enforcement and/or fire safety problems such as, but not limited to, loitering and disturbances after hours, overcrowding and blocked fire exits, etc. , this Entertainment Permit shall be brought before the Planning Commission for modification and/or consideration of revocation. 14) If valet parking is to be provided, a site plan showing the area set aside for valet parking shall be submitted for City Planner review and approval prior to occupancy of the building and commencement of use. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 91-190 EP 91-04 - MIRE SIMS December 17, 1991 Page 5 APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991. PLANNING COM2�ISSION OF THE CITY OF RANCHO CUCAMONGA / ' / BY: a i. i . 1 G 40011:: arry T ?iel, an ATTEST: a.•WA z r'- i :rad MrSe IFF 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 17th day of December 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE