HomeMy WebLinkAbout06-052 - Resolutions RESOLUTION NO. 06-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SUSTAINING AND
MODIFYING THE DECISIONS OF THE PLANNING
COMMISSION REFLECTED IN ITS RESOLUTION NOS. 05-50
AND 05-51, FOLLOWING APPEALS BY MARGARITA BEACH,
LOCATED AT 9950 FOOTHILL BOULEVARD AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. RECITALS.
(i) Based upon numerous complaints received by the City, on July 13, 2005,
the Planning Commission conducted a duly noticed public hearing to
consider modification of Conditional Use Permit No. 88-45 and
Entertainment Permit No. 91-03 issued to Margarita Beach.
(ii) Following the conclusion of the public hearing referred to in Recital (i)
above, the Planning Commission approved Resolution No. 05-50 modifying
Conditional Use Permit No. 88-45, and Resolution No. 05-51 modifying
Entertainment Permit No. 91-03. Margarita Beach timely appealed the
Planning Commission's decisions.
(iii) On November 2, 2005, January 18, 2006, and February 1, 2006, the City
Council conducted a duly noticed public hearing concerning the appeal of
Margarita Beach.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, it is hereby found, determined and resolved by the City
Council of the City of Rancho Cucamonga as follows:
1. All facts set forth in the Recitals, Part A of this Resolution, are true and
correct.
2. Based upon the entirety of the record in this matter and substantial evidence
presented during the public hearings before this City Council, the City Council
specifically finds as follows:
a. The previous businesses on the site, Siam Garden Restaurant and
Skipper's Bar and Grill, were authorized by prior approvals to operate
a full service restaurant, serve alcohol and provide live entertainment
pursuant to an entertainment permit, until 2:00 a.m. provided that the
full food service menu be concurrently available during all hours of
operation.
Resolution No. 06-052
Page 2 of 6
b. Although secondary effects disturbing the quiet enjoyment of
residences closely proximate to Margarita Beach, and attributable to
the operation of Margarita Beach, have occurred during years of its
operation, those problems have been substantially mitigated by the
management of Margarita Beach.
c. Notwithstanding the finding in Subsection "b", above, the City Council
finds that there remains a potential for further such secondary effects
to occur in the absence of additional conditions governing the
operation of Margarita Beach.
3. Based upon the findings set forth in Sections 1 and 2, above, the City Council
hereby sustains the action of the Planning Commission in adopting
Resolution No. 05-50, subject to the following modifications and additions:
a. Condition No. 2 generally requiring documentation establishing gross
receipt attributable to the sales of food and alcohol, is hereby deleted.
b. Condition No. 4 is hereby amended to read as follows:
"The serving of alcohol in conjunction with restaurant usage may
occur only between the hours of 11:00 a.m. and 2:00 a.m."
c. Condition No. 7 is hereby amended to read as follows:
"All doors shall remain closed during entertainment for noise
attenuation purposes. The rear (north doors) shall be used only for
emergency from 8:00 p.m. to 2:00 a.m."
d. Condition No. 19 is hereby amended to read as follows:
"Uniform security personnel shall be provided within the parking area
at all times during evening business hours (8:00 p.m. to 2:00 a.m.) to
continue 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 fifty percent capacity, the number
of security personnel outside the establishment shall be increased to
a minimum of two persons monitoring the parking lot and directing
patrons not to park within the adjacent residential neighborhood.
Security personnel shall immediately report any observed criminal
activities to the Police Department."
e. A new Condition No. 23 is hereby added to read as follows:
"A full food service menu shall be displayed in a conspicuous location
on each table, and all other locations where food service is provided.
The menu shall be legible and shall clearly state that all menu items
are available during all business hours.
Resolution No. 06-052
Page 3 of 6
4. The City Council further finds that in order to further mitigate the potential for
further adverse secondary effects in adjacent residential areas and
businesses attributable to the operation of Margarita Beach, conditions
suggested by Counsel for Margarita Beach during the course of the public
hearings on the Margarita Beach appeal, should be implemented.
Accordingly, the City Council further amends Planning Commission
Resolution No. 05-50 by adding new Condition Nos. 24-32 to read as follows:
"24. The business operator shall cause its employees to inspect the
Ramona/Estacia Court neighborhoods within 250 feet of the
Ramona/Estacia intersection for litter (and remove any that is
observed) at least three times everyday in which the business is
open. One of the inspections must be within thirty minutes of the
business' closing; one must be 9:30 p.m. and 10:30 p.m.; and one
must be between 5:30 p.m. and 6:30 p.m.
"25. The business operator shall deny entrance to the business to any
person or persons reasonably believed to have parked on Ramona
or in the Estacia Court neighborhood.
"26. Within 60 days of this Resolution becoming effective, the business
operator shall install an additional urinal in the men's lavatory within
the business.
"27. Within 60 days of this Resolution becoming effective, the business
owner shall cause speed bumps to be installed in the driveway
between the building and the north sound wall.
"28. Within 180 days of this Resolution becoming effective, the business
owner shall expend a minimum of $20,000.00 towards promoting
and expanding food sales. This money is to be spent on remodeling
the kitchen (adding a pizza oven for gourmet pizzas), convection
oven (for fresh bread), additional refrigeration, and promoting food
sales (through coupons and advertising). The business owner shall
promptly provide proof to the City Planner following the required
expenditure.
"29. Within 60 days of this Resolution becoming effective, the business
owner shall pay to the City all costs of installing and thereafter
maintaining, at the entrance to Estacia Court from Ramona and at
the entrance to the Pasito cul-de-sac from Estacia Court, two (2)
highly visible signs indicating, in wording, configuration, location and
size satisfactory to the City Engineer, that the street is a dead end,
does not go through or has no outlet. This condition is contingent
upon the City Engineer obtaining appropriate approvals of affected
property owners.
Resolution No. 06-052
Page 4 of 6
"30. The security guard required to be stationed at the intersection of
Ramona and the east/west alley between the shopping center and
the residential complex, shall wear a dark jacket bearing the word
'SECURITY', in lightly colored, contrasting and conspicuous letters,
on the back.
"31. The business owner shall meet with a Police Department
representative, not less than once every sixty (60) days, and
preferably with interested neighbors, to discuss policing and related
community issues pertaining to the operation of Margarita Beach.
"32. The business owner shall contact individual neighbors who have
indicated an interest in the relationship between nearby residents
and Margarita Beach, to arrange to meet at least once every sixty
(60) days to discuss matters of mutual concern and resolve any
ongoing issues."
5. Based upon the findings set forth in Sections 1 and 2, above, the City Council
hereby sustains the action of the Planning Commission in adopting
Resolution No. 05-51, subject to the following modifications and additions:
a. Condition No. 1 is amended to read as follows:
"This approval is for the provision of entertainment in conjunction with
the restaurant use. Entertainment is approved for small bands or
individual musicians, and a dance floor area. Any change of intensity
or type of entertainment shall require a modification to this permit."
b. Condition No. 3 is hereby amended to read as follows:
"Hours of operation of the entertainment use shall be limited to
Sunday through Saturday, from 8:00 p.m. to 2:00 a.m."
c. Condition No. 6 is hereby amended to read as follows:
"When entertainment is being conducted, doors and windows shall
remain closed for noise attenuation purposes. The rear (north doors)
shall be used only for emergencies from 8:00 p.m. to 2:00 a.m."
d. Condition No.14 is hereby amended to read:
"Uniform security personnel shall be provided within the parking areas
at all times during evening business hours (8:00 p.m. to 2:00 a.m.) 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 fifty percent capacity, the number
of security personnel outside the establishment shall be increased to
a minimum of two persons monitoring the parking lot and directing
patron not to park within the adjacent residential neighborhood.
Security personnel shall immediately report any observed criminal
activities to the Police Department."
Resolution No. 06-052
Page 5 of 6
6. The City Council further finds that in order to further mitigate the potential for
further adverse secondary effects in adjacent residential areas and
businesses attributable to entertainment occurring at Margarita Beach,
conditions suggested by Counsel for Margarita Beach during the course of
the public hearings on the Margarita Beach appeal, should be implemented.
Accordingly, the City Council further amends Planning Commission
Resolution No. 05-51 by incorporating by reference new Condition Nos. 23
through 32 of Planning Commission Resolution No. 05-50, as set forth in
Sections 3.e. and 4 of this Resolution.
7. The City Clerk shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 06-052
Page 6 of 6
PASSED, APPROVED, AND ADOPTED this 15`h day of February 2006.
AYES: Gutierrez, Michael, Williams
NOES: Spagnolo
ABSENT: None
ABSTAINED: Alexander
William J. Alex der, Mayor
ATTEST:
D a J. Adai s MC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 15`h day of February 2006.
Executed this 16`h day of February 2006, at Rancho Cucamonga, California.
4uu K
Debra J. Ad s MC, City Clerk