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HomeMy WebLinkAbout1993/05/12 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting May 12, 1993 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Suzanne Chitiea (arrived at 9:35 p.m.), Larry McNiel, John Melcher, Peter Tolstoy, Wendy Vallette ABSENT: None STAFF PRESENT: Brad Buller, City Planner; Ralph Crane, Deputy Fire Marshal; Nancy Fong, Senior Planner; Ralph Hanson, Deputy City Attorney; Steve Hayes, Associate Planner; Joe Henry, Police Lieutenant; Dan James, Senior Civil Engineer; Scott Murphy, Associate Planner; Beverly Nissen, Associate Planner; Steve Ross, Assistant Planner; Gail Sanchez, Planning Commission Secretary; Bruce Zeiner, Police Captain , , * , ANNOUNCEMENTS Brad Bullet, City Planner, announced that several items had been placed before the Commissioners regarding Item D on the agenda including a request from the applicant's attorney requesting a two-week continuance, a resolution prepared by staff to revoke the entertainment permit, and a fax from a Homeowners Association protesting the posting of promotional signs in Pomona and Ontario. , , , , APPROVAL OF MINUTES Motion: Moved by Eelchef, seconded by Vallette, carried 4-0-1 with Chitiea absent, to approve the minutes of April 7, 1993. Motion: Moved by Melcher, seconded by Tolstoy, carried 4-0-1 with Chitiea absent, to approve the minutes of the Adjourned Meeting of April 14, 1993, as amended. Motion: Moved by Melcher, seconded by Vailerrs, carried 4-0-1 with Chitiea absent, to approve the minutes of the Adjourned Meeting of April 28, 1993. , , , , , PUBLIC HEARINGS CONDITIONAL USE PERMIT 93-03 - DEER CREEK FINANCIAL - A request to establish a financial office in a leased space of 864 square feet within an existing industrial park on 7.4 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, located at 10700 Jersey Boulevard - APN= 209-144-83. Beverly Nissen, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. The applicant was not present and there was no public testimony. Chairman McNiel closed the public hearing. Commissioner Melcher indicated he had no objection to the Conditional Use Permit but he was surprised the applicant was not present. Motion: Moved by Vallette, seconded by Tolstoy, to adopt the resolution approving Conditional Use Permit 93-03. Motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERSt MCNIEL, TOLSTOY, VALLETTE NONE CHITIEA MELCHER -carried Co~unissioner Melcher indicated he abstained because the applicant had not shown up and it appeared the applicant was already doing business at the location, as their March letter included the address on the letterhead. , , , · , Be CONDITIONAL USE PERMIT 93-06 - TDM WORLD CONVERSIONS - A request to establish a facility for emergency and police vehicle conversions from factory produced vehicles in a leased space of 25,000 square feet in the General Industrial District (Subarea 5) of the Industrial Area Specific Plan, located at 9608-B Lucas Ranch Road - APN: 210-071-60. Beverly Nissen, Associate Planner, presented the staff report. Commissioner Melcher noted the business already seemed to be in operation. Chairman McNiel opened the public hearing. Sam Davis, Southwest Regional Sales Representative, TDM World Conversions, 9608 "B" Lucas Ranch Road, Rancho Cucamonga, stated the company headquarters is based in Michigan. He said they were currently using the building. He commented the previous building managers had been unaware of the requirements for a conditional use permit and they had applied for a permit as soon as they were advised of the requirement. He said TDM World Conversions is also considering using the adjacent building for natural gas conversions and they would apply for proper permits to do so. Chairman McNiel asked if the business involved altering engines. Planning Commission Minutes -2- May 12, 1993 Mr. Davis responded negatively. He said they alter the electronic circuitry and install two-way radios, light bars, sirens, etc. Chairman McNiel asked if the sirens are tested. Mr. Davis replied affirmatively but said they have sound governors so as not to disturb neighbors. Commissioner Tolstoy asked if the facility would be doing any painting. Mr. Davis responded that they subcontract any painting to an auto body shop. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Vallette noted that the business appears to be nicely run with a neat exterior appearance. Motion: Moved by Melcher, seconded by Tolstoy, to adopt the resolution approving Conditional Use Permit 93-06. Motion carried by the following vote: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA -carried , , , , , Ce CONDITIONAL USE PERMIT 93-07 - LEVI - A request to establish a billlard hall with ~n-site consumption of beer within an existing commercial center in the Con~nunity Commercial designation (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Ramona Avenue - APN= 208-301-15- Scott Murphy, Associate Planner, presented the staff report. Commissioner Melcher asked if the questions raised in Lieutenant Ingram's April 27 memorandum had been answered, specifically what measures would be taken to insure adherence to Alcohol Beverage Control regulations- Mr. Murphy replied that the applicant is responsible for following those state regulations by properly checking identifications. Chairman McNiel opened the public hearing- Christine Levi, 2204 West Verdugo Avenue, Burbank, stated she and her husband had looked at many cities and communities in an effort to find what they felt is a good, appropriate location. She said they were looking for a conservative city where they can attract a good clientele. She commented they plan to run charitable tournaments. Commissioner Vallette questioned how the applicant plans to address Condition No. 7, which requires adult supervision of the video games at all times. Planning Commission Minutes -3- May 12, 1993 Mrs. Levi said either she or her husband would be at the business. She said they also have family members in the area who can help out with managing. Commissioner Vallette asked how many employees were planned. Mrs. Levi replied they plan to have three to four employees from noon to 7:00 p.m. during the week with more planned in the evening and on weekends. She said they would have someone at the door in the evenings to check IDs. Commissioner Tolstoy noted the staff report indicated that they planned to limit patrons to ages 18 and above after 7:00 p.m. He asked if Mrs. Levi would object to having that added as a condition. Mrs. Levi agreed that would be satisfactory. She said they had decided to prohibit children under the age of 18 after 7:00 p.m. to eliminate the possibility of the facility's becoming a hangout for juveniles at night. She said they had investigated billlard halls from San Clemente to Yucaipa and they were patterning their business after one in Thousand Oaks which also limits those under 18 to certain hours. Dennis Dickinson, 17173 Sunburst Street, Northridge, stated he represented the landlord and there were no objections to conditions in the resolution. James E. Lacy, 8184 Ramona Avenue, Rancho Cucamonga, stated he is a homeowner south of the location. He expressed concern about the issuance of a license to sell beer and noted the location is in close proximity to a variety of businesses which have the sale of alcoholic beverages for both on- and off- site consumption. He said he had previously requested that a traffic signal be installed at Ramona Avenue and Foothill Boulevard and the signal has not been installed. He feared the business will cause increased traffic and the on-site sale of beer could lead to more intoxicated drivers in the area. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Melcher stated he was not comfortable with posting signs prohibiting rear parking during certain hours because the area was used in parking calculations for the entire center. He preferred the area be posted prohibiting parking for the billlard hall and supported fencing the area if problems develop. He suggested that the rear exit door be equipped with an alarm. He suggested that Condition 6 be changed to state that no person under 18 could be there after 7:00 p.m. instead of after curfew. Commissioner Tolstoy agreed with the alarm and the substitution of 7:00 p.m. in lieu of curfew. Commissioner Vallette stated she had originally had concerns about the use being adjacent to a residential area but she felt there should not be a problem with proper management. Chairman McNiel agreed the use could be well managed. He felt the use was conditioned reasonably well and the applicant deserved a chance. Planning Commission Minutes -4- May 12, 1993 Brad Buller, City Planner, stated there was no chance that restricting parking in the rear would invalidate the parking calculations for the center because the majority of the center will be closed during the hours the parking would be restricted. He felt it would be best to prohibit all parking adjacent to the alleyway during certain hours. Chairman McNiel recalled there had been a similar problem with another facility which had parking adjacent to an alleyway. Commissioner Tolstoy agreed that all parking should be restricted in the parking lot adjacent to the alleyway from 9:00 p.m. to 7:00 a.m. Chairman McNiel felt the area could be restricted to employee parking. Mr. Buller said that if the parking becomes a problem, the condition could be amended to permit employee parking only. Commissioner Melcher stated his concern had not been about this particular center but more about setting a precedent for other centers. He indicated that he would defer to the City Planner's preference. Commissioner Tolstoy observed that during the majority of the day, the center is parked properly and the Commission was only prohibiting parking during a portion of the day when the majority of businesses are closed. Motion: Moved by Vallette, seconded by Melcher, to adopt the resolution approving Conditional Use Permit 93-07 with modifications to limit patronage to ages 18 and over after 7:00 p.m. and to equip the rear exit doors with alarms. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, VALLETTE NONE CHITIEA -carried , · · · · ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify, suspend, or revoke an entertainment permit granted for 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 contests, promoting sports teams, major sports events through satellite TV, college bowl, and trivia questions contests, in conjunction with a restaurant and bar, located at 10877 Foothill Boulevard - APN: 208-351-75. Nancy Fong, Senior Planner, presented the staff report. Commissioner Melcher asked if bands larger than five members have played. Brad Buller, City Planner, replied there had not been any such reported incidences. Planning Commission Minutes -5- May 12, 1993 Chairman McNiel opened the public hearing. John Mannerino, Mannerino & Briguglio, 9333 Base Line Road, Suite 110, Rancho Cucamonga, stated they had requested a continuance for two weeks. He acknowledged that the accusations are of a serious nature and said he shared a concern about the safety of residents. He remarked he had received a copy of the staff report only a day before the meeting. He said the allegations in the staff report are numerous without giving much detail, such as the names of victims and/or perpetrators, and he had not been able to determine the completeness of the report. He commented that if the entertainment permit is revoked, his client would be out of business. He stated that his client had purchased the property and he felt more time should be given to protest the allegations in the report. He expressed disappointment that the staff report did not mention meetings there had been with the Police and Planning staff and the appointment of two Police Officers as liaison. He noted that in a meeting with the Planning Division some commitments had been made to resolving the advertising complaint even though he did not feel that the City has any right to tell the owners where they can advertise. He said that in the interest of being a good neighbor, Backwaters had agreed to limit the Los Angeles County advertising to Claremont. He commented that to his knowledge, the only incident which had occurred since their last meeting with the Police Department had to do with some parking citations issued at Laurel Aspen and he said he was currently negotiating with the owner of the Laurel Aspen property to enter into an agreement regarding off-premises parking. He said he had met this afternoon with Fire Chief Michael and Backwaters had agreed to write an evacuation plan and a content plan for counting the number of patrons. He asked that the Commission approve a two-week continuance to allow them more time to respond more fully to the staff report. Chairman McNiel replied that the complaints and problems had been going on for a long time and the owner and manager had been contacted without success. He said he would consider the possibility of granting an extension if the other Commissioners agreed. He felt that the recent hiring of Mr. Mannerino as an attorney was not germane. He felt the complaints could have been resolved by Backwaters and tonight's hearing was the result of inaction by the applicant. Mr. Mannerino agreed that the possibility of revocation should be reserved for when it appears nothing can be done to solve the problems. He felt he could demonstrate to the Commission that that point had not yet been reached. Chairman McNiel felt it was in everyone's best interest to take full testimony and consider the continuance at the conclusion of the testimony. Mr. Mannerino requested that public testimony be permitted at a future hearing if a continuance were granted. Chairman McNiel agreed that would be acceptable. Mr. Bullet stated that Planning staff had met with Mr. Mannerino and his client on Wednesday prior to the finalization of the report, at which time he indicated the report would be available late Thursday for pick up. He said City records indicate copies of the report were mailed to the Backwaters Planning Commission Minutes -6- May 12, 1993 business address and to Mr. Mannerino on Thursday and no one called the City until the following Tuesday to indicate they had not received the report, at which time an additional copy was made for Mr. Mannerino. Commissioner Vallette asked if it is a legal requirement that staff reports be delivered to the public. Ralph Hanson, Deputy City Attorney, said it is a requirement to deliver to the owner of the permit and a courtesy only to the attorney. Mr. Mannerino introduced Mike Sims, owner of Backwaters. Michael Sims, owner of Backwaters, took issue with the statement that earlier problems have escalated. He felt they have done a beautiful Job of correcting everything the Police Department has asked of them. He said there have been some incidents of parking, which seems to be the biggest problem which the Police have had with them. He said when he initially purchased the building he asked Rancon if they would be permitted to park on the adjacent lot and was told that would be permissible. He thought that someone from the City had talked to the wrong people at Rancon and was told Backwaters did not have permission. He said he had dealt with someone else at Rancon. He said they had been parking on the street but the City has now posted no parking signs. He stated there had only been two incidents requiring police response on his property in the last year and a half. He said there had only been one fight on their property for which the Police were called. He felt they were being blamed for everything that happens in the City and he felt they should be held responsible for only things happening on their property. He commented there had been a shooting incident at Spires and the people involved had not been found and had never been at Backwaters. He said they physically search and have a strict dress code prohibiting tennis shoes, tee shirts, hats, or any type of gang symbols. He stated someone at the medical center shot two shots in the air. He wasn't sure if the person involved was unhappy because he had been denied entrance to B~ckwaters. He said such things happen and they happen all over the City of Rancho Cucamonga. He felt he had worked closely with the City and said they had been told on numerous occasions that they are doing fine. He said they ask every police officer if they are doing okay, and are told they are doing fine and it is a clean run establishment. He reported he has an independent security company which keeps a log and the security company's log does not reflect problems showing up on the Police log. He said they were only cited one time by the Fire Department when they first opened. He stated they had closed the doors because they were at capacity and patrons rushed the door and they had been cited before they could eject the patrons. He felt that if each incident is looked at independently, it shows that Backwaters is not a problem. He wondered why officers would tell them everything is okay and then report to Captain Zeiner or Lieutenant Henry that there are problems. He commented the Police have gone behind the bar with flashlights looking for gnats and they once came in during peak hours claiming there was a bomb threat. He said they would like some type of respect and he has the right to be protected. He stated he had never said they would not try to comply. He said it was not his fault if they get more people than they advertise for and if it appears they are going to be at capacity, they close off their parking lot and have their security people tell people to go home. Planning Commission Minutes -7- May 12, 1993 He said they have only been cited one time and every other time the Fire Department or Police have entered the premises they have been treated with respect. He stated they would like to stay and run the best possible night club. He commented they have more security than any other night club in southern California. He said they have two security firms, one for outside and one for inside. He acknowledged the big problem has been on Sunday nights when they went to 18 and over, which they did for survival. He said when they first started the 18 and over nights, 700 to 800 people were showing up and he did not want those problems but they have hired additional security and gone from 700 people down to 200 on Sunday evenings. He said the people coming on Sunday evenings are dressed well and the gang element has been discouraged from coming to Backwaters. He reported that when patrons arrive on Sunday evenings, they are frisked and IDs are properly checked. He said only those who are 21 or over receive wrist bands which cannot be taken off and only those with wrist bands are served. He stated anyone without a wrist band who is caught with a drink is immediately ejected from the club and not allowed to return. He said he has a substantial investment in the club and he did not wish to jeopardize that investment and the Alcohol Beverage Control Board has not found any problems. He said no one at Backwaters had ever harmed anyone from Rancho Cucamonga. Mr. Mannerino introduced Angelo Medina, Skyline Security. Angelo Medina, 4045 Guaeti Road, Ontario, stated they have been the security firm every since Backwaters was established. He commented that when they first started, they had been stringent on internal problems because there had not been a parking problem at the time. As the parking became a problem, he said they contacted Rancon and received a verbal agreement to use their lot, but in the last six months there have been problems. He stated the traffic was redirected to the medical center but patrons were then cited at the medical center. He felt the major problem has been with parking and he thought a solution needs to be found. He suggested they may park at Terra Vista or shuttle patrons from elsewhere. So far as shooting incidents, he said their firm provides security for eight clubs ranging from San Bernardino to Westminster and he stated that type of element will be found in any club atmosphere. He asked what type of club does not have a problem. He said he had statistics on the type of weapons they have confiscated and the Mexican population stab while the white Country Western bar patrons fight with fists and bottles. He etated there is no utopia night club and he felt that if there were only 27 reported incidents in the last two years that is good according to his statistics. He said at another business for which they provide security, the manager was leaving the establishment and the night's receivables were taken at gunpoint. He asked if the City was being objective. He thought Mr. Sims had done everything possible to make things work, such as hiring security inside the establishment and checking patrons when they enter the parking lot and again as they enter the establishment as well as when they exit the establishment and when they exit the property. He felt that if the potential patrons are being redirected away from the establishment there may be problems. Commissioner Vallette asked about the Police Department letter which stated that a court case in connection with a gun-related incident had to be Planning Commission Minutes -8- May 12, 1993 dismissed because witnesses which were security personnel employed by Backwaters failed to appear in court. Mr. Medina stated he had been on the property that night and there were shots fired at the medical facility, which he said is four miles away from Backwaters. He said it was reported that the assailant was shooting at security and he denied that was the case. He said he had spoken to his security staff and each staff member had a different perspective on what happened. He said the person accused of shooting denied shooting and since there was no conviction there is no justification for stating the shots were fired at security personnel. Commissioner Tolstoy said he thought the question was why the security personnel did not appear in court. Mr. Medina stated he was not the one who was supposed to be in court and he did not know of any of his staff who were subpoenaed. Chairman McNiel stated that he took exception to Mr. Medina's use of generalities in describing people's activities. He also said that what the security people may find acceptable so far as number of incidents in relation to the operation of other clubs has little bearing on what the community may find acceptable as to the number of incidents. Art Bean, General Manager of Backwaters, 1547 5th Avenue, Upland, stated he had been involved with Backwaters since its conception. He commented that as they have grown they have taken certain steps to ensure the safety of their patrons and the community. He said when they were approached by Planning or the Police Department they made the necessary changes to operate their business in a manner which would make the community proud. He stated there had not been any situations inside the night club and he felt the property itself is considered very safe. He said the incidents noted in the Police Department letter happened outside the property of Backwaters and the shooting incident at the medical center was someone who had been refused entrance because he did not fit their code. He felt Backwaters should not be responsible for the actions of individuals once they have left the property. He said they had acted immediately on suggestions made by the Police Department, Fire Department, and Planning Division. He remarked they have continued to work on the parking problem which seems to be their major problem and they are now in negotiations with the owner at the medical center to secure parking. He stated they have security to set up a gauntlet to keep out people who are not allowed and to prevent problems at the end of the evening. He noted that Mr. Sims had purchased the property and committed his life savings. He said he was not new to the business and he believed in Mr. Sims. He stated the incidents related had happened in the past and he felt the incidents were subsiding. He said there had not been any problems for the past several Sundays other than two individuals who drove onto the property at 2:00 a.m. when the club was closed and began firing at each other. He thought the problems are not escalating. He felt they had worked hard with the Police and Fire Departments and Planning to correct problems. He thought their business could co-exist with the City in Rancho Cucamonga. Planning Commission Minutes -9- May 12, 1993 Bruce Zeiner, Police Captain, introduced Joe Henry, Operations Lieutenant. He said they had been dealing with Mr. Sims and Backwaters since May of 1992. He remarked that Mr. Sims had always been businesslike and outwardly cooperative in efforts to clean up problems which are perceived to be occurring at the establishment. He felt there is an aura of denial that problems occurring around Backwaters are directly related to Backwaters. He stated that Lieutenant Henry had been assigned to work as liaison with Backwaters. He said there had been many incidents occurring on the premises as the result of people who have been in the business. He noted that the reports to the Police Department differ substantially from reports quoted by the owners of the business in the newspaper and statements made this evening. He said that several things concern him including the fact that the security guards did not appear in court as the result of an incident that occurred at Backwaters. He said he was also concerned that the owner of the security business made the statement that these types of businesses will have these types of problems, i.e., shootings, stabbings, and bottles being thrown. He was concerned that the business feels it is necessary to search patrons for weapons. He said the Police Department has also taken weapons out of vehicles in the parking lot. He indicated they had been informed that security guards had confiscated weapons from vehicles which were not turned in to the Police Department. He said they have also received information that the security guards have been instructed not to call the Police Department because they do not want incidents on record. He stated they have made a commitment to Backwaters that they are willing to work with them so long as Backwaters shows a willingness to work with the City. He said the Police Department has some concerns about the incidents that have occurred and the types of clientele that Backwaters has brought to the City in the past. He commented they have a lot of documentation about the incidents. He said the incident described as a person shooting at the medical center involved someone who had been ejected from the business for smoking marijuana in the rest room. He said the individual left, went to his vehicle, got a gun, tried to get back into the business, and had an altercation with the security guards. He commented that Police reports and witness statements did not entirely agree with the facts as represented to the Commission regarding the shooting incident of the individuals who entered the parking lot at 2:00 a.m. He stated Lieutenant Henry was available to answer questions about specific incidents. Commissioner Melcher noted that when Mr. Sims made his presentation, he made reference to the restaurant's dress code and Captain Zeiner's April 12 memo indicated that on March 29 the shift watch commander entered Backwaters and thought the crowd appeared to be gang type individuals. He asked how that conclusion could be drawn if there was indeed a dress code. Joe Henry, Police Lieutenant, felt the night club's perception of gang dressing and the Police Department's perception may differ. He said their officers are trained and attend seminars regarding how to spot gang members. He said the perception of the officer was that there appeared to be some possible gang member types. He said they had a subsequent meeting with Mr. Sims and Mr. Bean following March 29 and they had commented they had not expected the type of crowd they got and it was not the type of crowd they would ever again have in their facility. Planning Commission Minutes -10- May 12, 1993 Co~nissioner Vallette asked if the Police Department had received notification of the event being held at Backwaters tonight as had been previously requested. Lieutenant Henry stated they had requested advance notice of potential large events and Mr. Sims and Mr. Bean had assured them they would do so. He said the Police Department has been obtaining signage posted throughout southern California. He said yesterday he had received a sign which had been picked up in Riverside County regarding tonight's event but the first he heard from Backwaters personnel was this afternoon. Co~nissioner Vallette asked if the Police Department felt efforts had been made by Backwaters personnel during the last several months to address the safety of the community and if the Police Department feels comfortable at the present time. Captain Zeiner said he had seen an effort on the part of Backwaters to control their business and what goes on on their premises but he was not entirely comfortable with the type of clientele they attract and the incidents which have occurred as a result of those people being in the City. Commissioner Vallette asked for information about what occurred on April 5. Lieutenant Henry stated the Police Department was conducting a driving-under- the-influence saturation patrol in the City. He said around 2:00 a.m. several officers were at a car stop on Foothill Boulevard north of Backwaters and the officers heard approximately 15-20 shots fired and they responded within 45 seconds and were confronted with a large crowd exiting the premises. He said it was determined from interviewing witnesses that the parties involved were flashing gang signs between two vehicles before the shots were exchanged and one patron from Backwaters was struck. Mr. Bullet suggested that Captai~ Zeiner explain the reason for the liaison officers to Backwaters and their responsibilities. Captain Zeiner stated they have temporarily assigned two officers to work Backwaters because of the problems. He said it is only meant to be a temporary fix while looking for a permanent solution. Robert Hammond, 191 Browning, Upland, stated he was a friend of Mr. Sims and his partners. He said he has gone to Backwaters a couple of nights a week since it opened. He asked how the City could consider closing down a business that employs 60 people. He asked how many people had been charged from the 27 allegations made in the Police letter. He asked the proximity to Backwaters where the 27 events happened. He thought all of the crime in Rancho Cucamonga is now being tied to Backwaters. He said Backwaters is just a business with problems that are hereditary to that type of business. He said he had made his living as a musician for 12 years and he never played in a club where there was not at least one fight every night. He felt the Police are paid to respond to incidents that happen in the con~nunity and as this is a very quiet community, there are probably only one or two places the Police can find any excitement after 9:00 p.m. He said Backwaters has a strict dress code and Planning Commission Minutes -11- May 12, 1993 people are searched before they can enter in a desire to have a clean, safe club. He was amazed that with the thousands of people who had been to the club in the last 18 months, there were only 2 counts of driving under the influence. He felt the 27 allegations were unsubstantiated innuendoes and rumors that were perceived to be related to Backwaters. Andrew Hall, General Manager of Heritage Inn, 8179 Spruce Avenue, Rancho Cucamonga, stated the incidents which have occurred at the hotel have mainly been a parking problem and he felt comfortable with the steps Backwaters is taking. He said the manager calls him frequently to see if everything is okay. He stated he would like to see better control of the Sunday night 18 and over crowd. He said Backwaters has alerted him when large crowds are expected. He felt the hotel has received increased business from Backwaters and indicated he would like to see Backwaters remain. Commissioner Melcher asked about Mr. Hall's April 8, 1993, letter to the Police Department. Mr. Hall responded that when he wrote to the Police Department, he indicated there had been some incidents that occurred at the hotel, but a month has passed since then and he had seen efforts made by Backwaters in the interim. He said he would like to see Backwaters a little better prepared to handle large crowds and he had been concerned about the safety of his guests and the Police responded and cleared everyone out. Commissioner Melcher asked if Mr. Hall was saying that improvements had been made since April 8. Mr. Hall responded positively. Commissioner Tolstoy asked if Mr. Hall had called the Police Department because of Backwaters patrons in the hotel. Mr. Hall stated he did not personally call, but his front desk or security officer may have called. He said he was not sure if the officers had been called or had only come over from Backwaters because they observed that the parking lot and hotel appeared to be full. Mr. Mannerino introduced Jennifer Hansen, Bar Manager of Backwaters. Jennifer Hansen, Bar Manager of Backwaters, 14041 Woodland, Fontana, noted that on April 29, 1993, they had had a major rap star at the night club and the Police had indicated the patrons appeared to be gang type individuals. She felt there would not have been any gang-related clothing that evening because they had a pajama party. She said they are very strict with the dress code and the patrons are wanded. She stated she had been a bar manager for the last eight years in the area and she feels very safe at Backwaters. She said the kids on Sunday evenings are fashion oriented and that may appear intimidating to some people. She indicated there are no gang problems in the club even though the gangs come and want to hang out in the parking lot and be welcomed in the club. She said the gang members get angry when they're not allowed inside and incidents happen regarding their not being allowed Planning Commission Minutes -12- May 12, 1993 inside. She acknowledged they have had a parking problem for quite a while and said they had hired additional outside security to let the patrons know they cannot park in restricted areas. She said they send security people to the hotel to help clear out their parking lot and also to tell patrons they cannot park at the hotel on Sunday evenings. She stated the Police had come one Saturday evening and told them they would tow all the cars from the dirt lot so they had all their patrons move their cars. She said the next evening, they directed patrons to the Tetra Vista shopping center to park and the following day signs were posted at Tetra Vista for no parking. She felt that everywhere they try to park, signs are then posted even though there have not been graffiti or litter problems caused by the parking because Backwaters picks up the litter. She asked why they couldn't have a place to park. Chairman McNiel noted they were parking on private property belonging to other people. Ms. Hartsen felt they had permission to park on those properties. She thought it was strange that they parked at Terra Vista but the next day signs were posted. She stated she felt very safe at Backwaters because they have good inside security people who take problem patrons outside and the outside security staff get the patrons in their cars and on their way. She said there had been a few incidents of gun problems, but they have been outside of the club. Mr. Mannerino said it seems apparent that Backwaters has been a successful night club, perhaps more successful than the owners had initially anticipated. He felt perhaps an unanticipated success can cause traffic problems and a maturation curve necessary to solve them. He said some of the incidents noted in the staff report have occurred in the area and may or may not be related to Backwaters. He did not feel that every occurrence with regard to the discharge of firearms in town near the closing time of the alcohol vending establishments should be attributed to the vending of alcohol by those establishments or to Backwaters in particular. He commented that parking is a problem on Foothill Boulevard east of Haven Just as it is a problem for the Quakes. He thought the parking situation could be rectified. He thought the Commission should realize that successful businesses bring people into town. He felt compromise is necessary for a successful business to exist in town. He felt that places of evening entertainment cause people to congregate in the evening and that type of business brings certain kinds of problems. He noted that places that deal with volatile and unhealthful chemicals also cause health risks in the community. He said the community needs to recognize that a certain amount of risk is tolerable and do what can be done to control the risks. He felt Backwaters has demonstrated a willingness to attempt to control on a reasonably compromised basis the kind of problems generated by their type of business. He thought the type of business is wanted and necessary in Rancho Cucamonga. He felt everyone's task is to recognize the needs for. that kind of business because the public desires them and to work together to compromise the dangers that can be created. He requested a continuance so he could demonstrate that the business can be operated with reasonable safety. He said he hoped to demonstrate that the managers and owners of Backwaters can be cooperative citizens who will run their business with the cooperation of the Planning Commission Minutes -13- May 12, 1993 Police and Fire Departments and Planning Division to run their business economically while controlling the associated risks as closely as any other business of its type in the area. He asked that they be allowed to demonstrate that there have been changes and there can be more changes. He felt confident they could solve the parking problem which he felt is the most recurrent difficulty. Commissioner Melcher noted that in Mr. Mannerino's first presentation, he had indicated Backwaters had agreed to limit their out-of-the-area advertising. Mr. Mannerino said he had been present when Mr. Sims had agreed to limit Los Angeles County advertising to the Claremont city limit. Mr. Buller stated there had been a discussion with staff regarding various problems and the type of advertising and Backwaters had previously indicated they do not advertise outside of San Bernardino County. He said subsequently he had told Backwaters that the Police Department had evidence they were still posting signs outside of the area. He noted the Con~nission also had before them a letter from Wayne Lee indicating the posting of illegal signs in two neighboring communities. He said staff had questioned the possibility of establishing reasonable limitations on the placement of advertising signs and Mr. Sims indicated to staff that a reasonable limit might be Claremont to the west but no agreement was reached. Commissioner Melcher acknowledged that he had concerns about First Amendment rights but he was trying to learn if Mr. Mannerino was under the impression that the agreement was now functioning and if so what was included. He noted that at 6=50 p.m. this evening he heard the KBeat 92.3 FM disc jockey mention that he would be at Backwaters for Chuckie Bookers tonight. He thought that was Los Angeles advertising. Mr. Mannerino said he had heard the concerns of the Police Department to be with regard to the posting of illegal signs on CalTrans right-of-way in areas far from the City. He did not feel that a business could legally be prohibited from radio advertising. Commissioner Melcher stated he was merely trying to understand the scope of the agreements on posting of advertising signs. Mr. Mannerino acknowledged there was a legitimate concern for the posting of written materials in an illegal manner without permit in certain jurisdictions and he felt that could be rectified. Chairman McNiel noted that several people had mentioned there had never been any problems within the confines of Backwaters. He said that when projects are processed, the City considers not only the confines of a developsent, but also the effects on the community such as traffic, power lines,. sewer lines, water drainage, etc. going beyond the property lines. He felt that to say there had been no problems within the confines of the establishment is not a fair argument. Planning Commission Minutes -14- May 12, 1993 Mr. Mannerino said that obviously Backwaters needs to be concerned about the traffic they generate when they have a successful night and he did not feel they had ignored those problems. He said everyone needs to recognize that there are certain things that are beyond the control of a successful business. He stated if a business is successful and overruns supporting facilities, the business pays additional assessments to provide service. He said to a substantial extent Backwaters is required to take responsibility for the increased traffic and possibility of altercation because of a successful night they may have. He acknowledged they may need to provide peripheral security or assist the Police Department in deferring some of their expense in providing peripheral security or other possibilities that may need to be explored. He said the business is successful and paying retail sales tax. Hearing no further testimony, Chairman McNiel closed the public hearing. He requested that Mr. Bullet explain the options before the Commission. Mr. Buller stated the Commission had a resolution for revocation. He stated that if the Commission wished to modify the entertainment permit or suspend entertainment until such time as they felt concerns had been adequately addressed, it would require a continuance for staff to provide the proper resolution. He said the Commission could also vote to not revoke the entertainment permit. Commissioner Vallette disagreed with allowing a two-week continuance because she felt the City had worked adequately with management at Backwaters in order to address the concerns. Commissioner Melcher stated his point of view had been significantly modified by the public hearing process. He said he was particularly impressed with Mr. Hall's testimony and he felt a two-week continuance should be granted. Commissioner Tolstoy felt it is a public safety issue and the citizens living in the community have expectations for living and seeking entertainment in a safe atmosphere. He felt it is important for the Commission to take a better look at some of the Police reports to determine where and under what circumstances incidents have happened. He felt the Commission should have more particulars and he agreed a two-week continuance would be in order. Commissioner Vallette stated she had contacted Lieutenant Henry today because she had noticed signs posted at Etiwanda Avenue and Foothill Boulevard. She said she had noted in the staff report that the Police Department had requested prior notification from Backwaters when events were planned. She said Lieutenant Henry had stated that Backwaters first notified them about this evening's event late this afternoon. She expressed concerns about the safety of officers and community members because of the serious altercation in the parking lot and wondered if the continuance would be putting lives at risk. She felt the staff report showed a continued lack of follow through on what had been promised by the applicant. Chairman McNiel stated it was obviously a huge problem which transcends the function of Backwaters. He said the Commission has a responsibility to the community to provide facilities to entertain, feed, clothe, etc.~ however, Planning Commission Minutes -15- May 12, 1993 there is also a responsibility to be cautious about those things which will endanger the community. He said documentation had been provided regarding incidents attributed to people who have been at, could not get in, or have been thrown out of Backwaters. He wanted to be sure that everyone knows how the City feels about the gravity of the situation. He supported the continuance. Commissioner Tolstoy felt that Backwaters management is not properly managing their entertainment permit, causing a safety and general welfare problem for the patrons and the general public in the City. He felt that if a two-week continuance were granted, Backwaters should bring a plan to the City of how they can do a better job of managing the problems. He said Backwaters original plan from February 1992 looked good, but it did not appear to have been carried out. He suggested they provide a new management plan to ensure the public safety. Mr. Buller observed that Commissioners Tolstoy and Vallette would not be at the next Planning Commission meeting and he suggested the Commission may wish to continue the matter for four weeks because Commissioner Chitiea was not at this meeting. Chairman McNiel reopened the public hearing and asked if Mr. Mannerino was agreeable. Mr. Mannerino said that was agreeable. Mr. Buller suggested the applicant provide information to staff as soon ae possible so that staff could review the material in preparing the staff report. Mr. Mannerino stated they would proceed with all ardor. Motion: Moved by Melcher to continue the hearing until June 9 with the understanding that the applicant would submit its detailed operational plan in adequate time for staff review and distribution to the Commission prior to the meeting and that the plan spell out in detail the operational procedures to be used and the check systems that will be implemented to assure that the procedures are carried out. Mr. Bullet suggested the applicant prepare a plan addressing the following seven areas: (1) how they will address the safety issues identified both inside and outsideS (2) the security both inside and outside the business and off the property~ (3) monitoring of the overcrowding without consuming valuable Fire Department staff& (4) both short term and long term plans for addressing both on-site and off-site parking issuee~ (5) the extent of advertising they intend to carry out for the type of entertainment approved under the entertainment permit, spelling out the limitations they are willing to accepts (6} type of entertainment that will be offered$ and (7) agreement for time line that prior notice will be given to the Police Department and Planning Division when special events will occur. Commissioner Melcher amended his motion to include those seven areas. Planning Commission Minutes -16- May 12, 1993 The motion was seconded by Commissioner Tolstoy. following votes AYES: COMMISSIONERSz NOES: COMMISSIONERS= ABSENT: COMMISSIONERS: Con=nissioner Tolstoy requested that provided in the staff report. Motion carried by the MCNIEL, MELCHER, TOLSTOY, VALLETTE NONE CHITIEA -carried staff elaborate on the information Captain Zeiner said there is certain information which cannot legally be released, but he felt more information could be provided. Conunissioner Melcher asked for an analysis of the DeveloIxnent Code ' s regulations so far as parking requirements as opposed to the Fire Department's establishment of maximum occupancy of the building. Mr. Buller noted that parking analysis will be critical on any future entertainment permit applications. , , , , The Planning Commission recessed from 9:37 p.m. to 9=47 p.m. , , , , NEW BUSINESS ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 92-06 - RYDER TRANSPORTATION RESOURCES - A request to develop a 68,176 square foot warehouse/distribution building on 3.97 acres of land in the General Industrial District (Subarea 14) of the Industrial Area Specific Plan, located at the northwest corner of 4th Street and Santa Anita Avenue - APNz 229-331-07. Steve Hayes, Associate Planner, presented the staff report. Chairman McNiel invited public comment. Mark Kadlec, architect, 10300 4th Street, #260, Rancho Cucamonga, stated he was pleased with the report. He referenced Commissioner Melcher's proposed redesign of the vehicle parking area and remarked that there are only five spaces down each aisle as originally designed. He felt people would be able to see if there are any open spaces before driving down an aisle. He thought that the proposed red, sign would move the driveway too close to the corner. He questioned what type of paving materials the City might suggest for the enhanced paving area. Commissioner Melcher stated he believed dead-end driveways are an inconvenience but said he was willing to defer to the applicant's desires. Planning Commission Minutes -17- May 12, 1993 Mr. Kadlec expressed appreciation for Commissioner Melcher's input, but said he was comfortable with the design as originally proposed. Mr. Hayes stated the Design Review Committee had suggested using an alternative paving material which would better withstand the projected heavy truck traffic. Brad Bullet, City Planner, felt the Committee gave direction to consider something similar to Foothill Marketplace, such as an etched, colored concrete or banding to create a pattern. He said staff felt the alternate parking concept provided other benefits, such as the potential for additional landscape plaza areas. He suggested that the minutes reflect that the City Planner be given an opportunity to work with either circulation option if the the developer should find a user who prefers the revised concept before the project is built. He said that would avoid the necessity to return the matter to the Commission for revision. Commissioner Melcher agreed the revised concept would enhance the amount of landscaping and he felt it provides safer traffic circulation, but he noted the issue of distance from the corner apparently remains a concern to the Engineering Division. Conunissioner Vallette noted this project had been brought before the full Commission because there had been an issue regarding parking in the rear. She felt staff and the applicant had done an excellent job in addressing those concerns. There were no further public comments. Commissioner Chitlea thought the suggestion to permit staff to work with either parking option would be appropriate. She supported the project. Commissioner Tolstoy agreed. Motion: Moved by Chitiea, seconded by Tolstoy, to issue a Negative Declaration and adopt the resolution approving Development Review 92-06 with the minutes to reflect that staff could work with the applicant to approve either circulation option. Motion carried by the following vote: AYES= NOES= ABSENT= COMMISSIONERS: COMMISSIONERS= COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NONE NONE -carried , , , , , DIRECTOR'S REPORTS F. CONSIDERATION OF RENAMING MOUNTAINVIEW DRIVE, MOUNTAINVIEW WAY, AND MOUNTAINVIEW PLACE Steve Ross, Assistant Planner, presented the staff report. Planning Commission Minutes -18- May 12, 1993 Chairman McNiel invited public comments, but there were none. Commissioner Melcher suggested that staff make an effort to have Lewis Homes bear any costs associated with making the changes because he felt they should have recognized the conflict when they built the project. Motion: Moved by Melcher, seconded by Tolstoy, to adopt the resolution declaring the Commission's intent to initiate the process to rename the streets. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: CHITlEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NONE NONE -carried , , , , , PUBLIC COMMENTS There were no additional public comments at this time. , , , · · COMMISSION BUSINESS G. AMENDMENT TO PLANNING COMMISSION ADMINISTRATIVE REGULATIONS Brad Buller, City Planner, noted that a suggestion had been made at the last Planning Commission meeting to move public comments to the beginning of Commission meetings. It was the consensus of the Conunission that no change be made. , · , , Commissioner Melcher remarked that there had been two non-construction conditional use permits on this evening's agenda which were being approved after the businesses were already operating at the locations approved. He felt that it is a waste of time to grant approvals to existing conditions and suggested that staff process them. Commissioner Vallette feared that would encourage more businesses to begin operations without proper approvals. Commissioner Chitiea agreed with Commissioner Vallette. Chairman McNiel felt the Commission can require stronger conditions such as reconfigurations and second rest rooms. He thought the Commission has more power to require those conditions. Commissioner Melcher felt it takes more staff time to process the application through the Con~uission than it would if the matter could receive staff approval. Planning Commission Minutes -19- May 12, 1993 Brad Bullet, City Planner, noted that non-construction conditional use permits are many times routine and non-controversial. He stated that staff felt creation of a Zoning Administrator staff position could assist in streamlining the development process. He noted applications would still go through a formal process with formal noticing, findings, etc., but he felt routine, non- controversial applications could then be handled at staff level with the more controversial ones being forwarded to the Planning Commission. Commissioner Melcher noted that when an applicant applies for a business license or a building permit, it many times slips through the cracks that a conditional use permit is required because they do not come to the Planning Division. He suggested procedures be implemented to gain better control and perhaps a hefty fee surcharge be added for those who apply on an after-the- fact basis. Chairman McNiel agreed that systems should be set up to catch such cases early in the process. , · , , Brad Buller, City Planner, invited two Commissioners to attend the Inland Empire Design Institute workshop being held on May 18. It was the consensus of the Commission that Chairman McNiel and Commissioner Melcher would attend. , , , , ADJOURNMENT Motion: Moved by Tolstoy, seconded by Chitlea, to adjourn. 10:25 p.m. - The Planning Commission adjourned. Respectfully submitted, Secretary Planning Commission Minutes -20- May 12, 1993