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HomeMy WebLinkAbout2008/09/10 - Agenda Packet - Planning Commission • • THE CITY OF RANCHO CUCAMONGA _ PLANNING COMMISSION AGENDA R A nyoNCn SEPTEMBER 10, 2008 - 7:00 PM Cu c Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California - ~ ~ - ~ ~ ' L' CALL~TO ~ORDE~R~ ~ ~ ~ ~ ~ ~ - Roll Call Chairman Stewart Vice Chairman Fletcher Munoz_ Howdyshell _ Wimberly _ IL APPROVAL OR MINUTES - - May 7, 2008 Special Joint Meeting Minutes August 27, 2008 Regular Meeting Minutes IIL; ,.:PRESENTATIONS AND ANNOUNCEMENTS :.` IV. PUBLIC HEARINGS - The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 1 of 4 - PLANNING COMMISSION AGENDA JANUARY 9, 2008 R~~HO CUCAMONGA subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN:0229-011-38. Continued from July 9, August 13, and August 27, 2008. B. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 Continued from July 9; August 13, and August 27, 2008 V. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. „ ° VI. - ""COMMISSION'BUSINESS/COMMENTS ~. VII. ADJOURNiVIENT - - The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 4, 2008, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. ~~ 2 of 4 • • u • PLANNING COMMISSION AGENDA JANUARY 9, 2008 R~~HO If you need special assistance or accommodations to participate in this meeting, nnin - i i i hours priorto the meeting will enable the Cily to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6'00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $1,974 for maps and $2,073 for all other decisions of the Commission. (Fees are established and governed by the City Council). 3of4 PLANNING COMMISSION AGENDA JANUARY 9, 2008 jZANCxa CUGA.MONGA Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http:llwww.ci.rancho-cucamonga.ca.us '. i 4 of 4 u • ~ VICINITY MAP Planning Commission September 10, 2008 • • N ~ Meeting Location: City Hall 10500 Civic Center Drive StaffReport DATE: September 10, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa. Assistant Planner SUBJECT: CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. • The Planning Commission will consider modifications df the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza Commercial Center at 11815 Foothill Boulevard; APN: 0229-011-38. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA, (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation of the approved Entertainment Permit. Located in the Masi Plaza Commercial Center at 11815 Foothill Boulevard; APN: 0229-011-38. BACKGROUND: Conditional Use Permit CUP 00-44 for Felipe's Mexican Restaurant was originally approved by the Planning Commission in conjunction with a public hearing on December 12, 2000 (Exhibit C - Planning Commission Resolution No. 00-31). On April 10, 2007, owners Felipe and Alma De La Piedra filed Conditional Use Permit DRC2007- 00283 for the consideration of extending their business hours from 10:00 a.m. to 9:00 p.m. to 11:00 a.m. to 2:00 a.m., modifying their days of operation, and requesting Entertainment Permit DRC200-00284 to allow live entertainment at the restaurant. Both applications were approved by the Planning Commission on July 25, 2007. ITEM A & B • PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 2 ANALYSIS: Evaluation of Maior Issues: On or about February 7, 2008 a neighboring business owner of Loco Cantina & Grill came to the Planning Department and inquired if the newly opened bar (Loco Cantina & Grill) was a permitted use. The inquiring person had some concerns with the character of the business and expressed several public nuisance type issues, e.g. loitering, noise, and smoking. Based on these concerns Staff visited the site on February 14, 2008 and May 28, 2008 and made the following observations: 1) The interior of the restaurant provided a nightclub atmosphere rather than that of a family restaurant. The restaurant has primarily pub-bar tables and tall chairs, with an open space floor area at the entrance. There are very few actual family restaurant type tables and chairs. It appeared that the interior makeup of Loco Cantina & Grill was in direct violation of the conditions of approval for Conditional Use Permit Resolution No. 07-43, specifically, Planning Department condition, Number 7: "Any modification or intensification of the use beyond what is specifically approved by this Conditional Use permit and Entertainment Permit shall require review and approval by the Planning Commission." (Exhibit E) In Staff's opinion, it appears the applicants have established an illegal nightclub. The Rancho Cucamonga Municipal Code Section 17.30.030 kk does not provide for an independent night club as an allowed use. 2) The Host's Welcoming Podium was removed and the dance/entertainment floor area has been increased from 10'X15' or 150 square feet to approximately 24'X24' or 576 square feet. This is in direct violation of the previously approved floor plan and Conditional Use Permit Resolution No. 07-43, Conditions of approval (Planning) number 7; which states: "Any modification or expansion of the floor plan which increases dance/floor area as shown iri Exhibit A (attached) shall be brought back to the Commission for review and approval.", It is also in violation df the Approved Entertainment Resolution 07-44, Conditions 9 and 11. Condition number 9 states: "Any modification or intensification of the uses allowed with the Entertainment Permit shall require review and approval by the Planning Commission." Condition 11 states: "Any modification or expansion of the floor plan which increases "standing" shall be brought back to the Commission for review and approval." (Exhibit F) 3) It was reported to City Staff that on February 16, 2008, an individual visited Loco Cantina and Grill at approximately 11:00 p.m. and observed that there were three (3) bouncers at the front door or entrance to Loco Cantina, checking identifications. The individual stated that one of the bouncers asked for I.D. to make sure an under-age person was not making entry into Loco Cantina. Mr. Jose Sambolin (Owner) did confirm to the planning Staff at a March 6, 2008 meeting, that he does have men at the front door checking identifications. He told Staff that he has them posted at the entrance because he wants to make sure he is in compliance with State of California Department of Alcohol Beverage Control regulations by not serving alcohol to minors. Staff informed Mr. Sambolin that family restaurants do not have employees stationed at the entrance checking identifications for under aged patrons. • • C~ A & B 2 PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 • Page 3 This type of business operation is in violation of the conditions of approval of Conditional Use Permit Resolution No.07-43, under Planning Department conditions, Number 7: "Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by. the Planning Commission." It is also stated in the approved Entertainment Permit Resolution No. 07-44 under Condition 9 of the Planning Department conditions of approval, it states: "Any modification or intensification of the uses allowed with this Entertainment Permit shall require review and approval by the Planning Commission." (Exhibits E and F) 4) The business owners have no certified uniformed security guard on duty at Loco Cantina & Grill during the entertainment hours, (9 p. m. to 2 a.m.) as required by Resolution No. 07-44, Condition Number 4. The condition states: "A minimum of one duly licensed and state registered security guard from a reputable security firm shall be provided. The security guard shall be conspicuously dressed, be present on the premises during the approved entertainment hours, and responsible for regular surveillance of the business operation of the restaurant and activity in the adjacent parking areas to avert and/or control problems such as loud noise, loitering, disorderly conduct from patrons, and any other nuisances or disturbance. The security guard/applicant shall immediately report any uncooperative persons or violent behavior to the Rancho Cucamonga Police Department for assistance. Upon request by the City at any time, the applicant shall • provide documentation verifying that all these conditions have been met." The Owners had hired bouncers instead of employing a uniformed security guard, which is in direct violation of Resolution No 07-44. (Exhibit F) Furthermore, they are also in violation of the City of Rancho Cucamonga Municipal Code, Entertainment Permit Section 5.12.130: Security Guard Required at Dances: "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... dance area in excess of one hundred fifty square feet is available or designated for dancing by customers or patrons." Loco Cantina & Grill's dance/entertainment floor area is approximately 576 square feet. This specific requirement has been ignored by the business owners of Loco Cantina. (Exhibit F) In addition to the above concerns and violations the following incidents have also occurred as reported by the City of Rancho Cucamonga Police Department: 1) July 1, 2007: One drunk in public arrest, Section 647(f) of the California Penal Code. The Section states: "Who is found in any public place under the influence of intoxicating liquor... in a condition that he or she is unable to exercise care for his or her own safety or the safety of others...or any combination ..., interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way." The person was arrested. 2) November 18, 2007: One attempted murder, Assault with a Deadly Weapon; Section • 245, California Penal Code. At 2:15 a.m. (0215 hrs): In the Loco Cantina... parking lot, a large fight (large physical alteration) occurred, which resulted in a stabbing of one A & B 3 PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 4 • male. The male victim suffered two (2) one inch puncture wounds on the upper left side of his torso. 3) May 11, 2008: Physical altercation inside Loco Cantina; Section 415, California Penal Code, disturbing the peace: On 5/11/2008, at approximately 7:47 p.m. (19:47 hrs.) customer becomes irritate and gets into physical fight with Loco Cantina Staff. According the police report, patron was irritated because he was told to leave because he did not meet the dress code. Nature of Business: The Conditional Use Permit and Entertainment Permit were originally approved for a use that was primarily a family restaurant with incidental live entertainment. Condition Number 3 of Resolution 07-43, specifically states: "Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use..." While the current operation of Loco Cantina retains some limited restaurant use, it is Staffs opinion, nevertheless, that Loco Cantina was functioning more like a nightclub than a family restaurant. On March 6, 2008, during a Planning Department meeting with the business owners of Loco Cantina, Mr. James Troyer, Planning Director, informed the owners of the above cited , ordinance and Resolution violations as well as noting the City's expectation that they comply with all the provisions of Resolutions No. 07-44 and No. 07-43. However, on May 28, 2008 Mr. Larry Henderson, Principal Planner, visited the Loco Cantina & Grill and the business • owners had not corrected the dance floor area violation. Progression and Compliance: On July 30, 2008, the Planning Department received a letter from the applicants' legal council: Solomon, Saltsman 8 Jamieson, dated July 29, 2008. The letter addressed the issues of concern that were discussed with the Planning Director, Mr. James Troyer, on an earlier date, July 10, 2008, and the required steps the applicants will take to come into compliance with the aforementioned CUP and Entertainment Permit. ' The July 29, 2008 letter outlined the following corrective measures that the applicants would take to come into compliance: The circular tables and bar stools would be replaced with family restaurant tables and chairs. However, the newly proposed tables and chairs will be approximately 36" X 36" to accommodate the small dining floor area. 2. The entertainment area would be restricted and marked to a maximum of 150 square feet, and it will accommodate all approved entertainment of Mariachi, Conjunto bands, karaoke, disc jockey, comedians, and dancing. 3. The hostess podium would be placed at the location as shown on the approved floor plan. 4. The business owners will provide state licensed security personnel at the place of business. The security guards shall be conspicuously dressed in distinctive uniform, with • insignia shoulder patches, name tag, and badge. A & B 4 PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 • Page 5 On August 5, 2008 Staff made a compliance inspection of EI Loco Cantina. The inspection revealed that the applicants had not taken the corrective measures to bring the subject business into compliance. Mr. Troyer contacted the applicants' legal council on August 6, 2008 and informed their attorney of the aforesaid issue of non-compliance. Additionally, Mr. Troyer informed them that the ceiling entertainment lights, sound system; i.e., speakers must be removed. On this same date the Planning Department received a letter via the fax machine from the applicants' legal counsel, which stated that their client will take the necessary corrective measures to come into compliance by 5:00 p.m., Monday, August 11, 2008. The corrective steps would be as follows: 1. The ceiling lighting bar must be situated within the 150 square foot entertainment area. 2. The 4 JBL speakers must be located within the150 square foot entertainment area. 3. The premises must have the hostess podium, as shown on the approved floor plan. On August 12, 2008 Staff conducted another compliance inspection. The inspection revealed: 1. The hostess podium was located at the entrance of the business in accordance with the approved floor plan. • 2. The entertainment/dance floor was marked off but it was still greater than the approved 150 square foot area. 3. The ceiling entertainment lighting and speakers were still mounted outside of the 150 square foot entertainment/dance floor area. Hence; there remains two areas of concern, which Mr. Troyer initially addressed. 'On August 19, 2008, Mr. Troyer sent a letter of correction to the Law Offices of Solomon, Saltsman & Jamieson, to Mr. Bruce Evans, Attorney at Law; the applicants' legal representative. In his letter, Mr. Troyer states the following issues: 1. Entertainment Area, including area for DJ booth and dancing: The entertainmenUdance floor area must be no more 150 square feet. Both the DJ booth and the dance area must be confined to this 150 square foot area and must be marked off as shown in the floor plan. 2. Description of security as "bouncers' in Security Plan: All security personnel shall dress in a conspicuous security uniform; displaying at all times badge and shoulder patches and shall be licensed by a private security company. On August 26, 2008 Staff conducted another compliance inspection. This inspection revealed: • A & B 5 PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page b • 1. The ceiling entertainment lighting and the east side ceiling speakers were removed, leaving the west side ceiling speakers within the 150 square foot floor area. 2. The entertainment/dance floor area was marked off a little above the approved 150 square foot floor area. Additionally, the floor area is not specifically in the area as shown in the approved floor plan. However, while it is not in the specific area, nor exactly 150 square feet, it is nevertheless, in the general vicinity of the approved floor plan. In Staff's opinion, these corrective measures are within the spirit of the code, and. partially satisfied the Planning Department's concerns. However, there is still one area of concern that must be corrected so that the owners of EI Loco Cantina will be in full compliance of the conditions of approval. The exterior speakers that are mounted on the outside patio ceiling must be removed since such equipment was not a part of the proposed entertainment equipment and floor plan that was submitted to the Planning Department for review. Law enforcement services calls: Additionally, when the Planning Department took notice of police service calls to EI Loco Cantina, there were approximately 23 calls from July 2007 to April 2008. However, since the City has taken notice of the service calls there has been a significant decline of police calls i.e., as of the latter part of April 2008 to present, there has only been one (1) police service call. It was an autodial alarm call. Pr~osed Changes to Conditions of Approval: Staff believes that new conditions should be added to ensure that the business operator and the public understand what is expected. The recommended conditions listed below are based on an evaluation of the existing conditions of • approval and the recommendations from Staff. Consideration was given to those recommendations that would be easily understood and enforceable. The proposed new conditions, as modified, are as follows: • There shall be no cover charge or identification checks of patrons upon entering the establishment. • ,' Provide uniformed Security during the evening hours of entertainment. Review: To ensure complete and constant compliance with Conditional Use Permit, DRC2007 -00283 and Entertainment Permit DRC2007-00284, a 90 day review of performance and operation will be conducted by Staff. The review period will commence from the date of the public hearing. CORRESPONDENCE: Because this item was continued from the previous hearing of August 27, 2008, the public hearing remains open and therefore additional advertising was not required. RECOMMENDATION: Staff recommends the Planning Commission direct staff to add the two recommended conditions to the Conditional Use Permit DRC2007-00283 and bring back a modified resolution incorporating those conditions for approval. In addition, staff recommends that the application be brought back for review before the Planning Commission in 90 days. • A & B 6 PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 • Page 7 Respectfully submitte~ d ~, ~I a~Tro er, AICP Y Planning Director JRT/DC/Is Attachments: Exhibit A -Original Business Application -July 10, 2000 Exhibit B -Application for Alcoholic Beverage License -October 31, 2000 Exhibit C -Resolution approving Conditional Use Permit 00-44 -December 12, 2000 Exhibit D -Planning Commission Staff Report -July 25, 2007 Exhibit E -Resolution 07-43 approving modified hours -July 25, 2007 Exhibit F -Resolution 07-44 approving entertainment -July 25, 2007 Exhibit G -Planning Commission Minutes -July 25, 2007 Exhibit H -Business License Renewal Notices -September 14, 2006 and October 17, 2007 and Change of Information Forms -October 15, 2007 and November 19, 2007 Exhibit I -Municipal Code Chapter 5.12: Entertainment • • A & B 7 .~ o ~S ~ s ~ yp N O ~ N w O fO ~ ~ N , m J ~1~ ~ a ~ ~ g m ~A ~ Av v M ~, ~ o < D m m O ~ ~ c ~ o 0 9~~~ m m ~ ~ w ~ ~ ~~~ ~v~~ $~q1~ ~~~~ N 3s~ g~ s~~ ~~ e Q ~~~m ~ ~~~~ ~g fi 0 9 N m m = '- c c m 9 H a ~ -+ v L^ m~ T z ~ o = o m -~ q a = ~ ~ i ~ < o X z L C T s O T ..L r p..s ~ m ~~ T {~/ p ON o m ~~ O K D n s 3 0 ,< P o m 0 n m d ~~~; {{inn" g N o Z g D N 0 N m y ,(~^~ ' N ~ „~ ~ N ~ ~ m 3 ` n m ~ O A r 4x ZZ ~ °~ D ~ ~~. .o . r m ~ m ~ m ~ ~ e ~~ °~ ~ a '< T 1 ~ ~ ~ D ~ aa I~ Jm ~ O ~m m ~ ~~ ~ ~ ~~ ~ ~ ~~ m D rn V 1 O D m 1 _ ` ~ ~ Z~ ~ .~ C 0 ~ ~ ~ ~ 9 ~ °m 10 ~'m r cm~ -+ Z D r- H P O Zc -1 D D Q Q o a ~ m Z (/l T 31 O D r D ~ ~ r y~ X D m °m ~ Z O C m D T ~ =~ a Z o C Z ~ z m ~ D m 0 m Z m x 'O '\ C m C ^~ ~ ~ N ~I 0 ~~i 0 U 1 0 m Z 1~ ~~~ m a~ N orb = m D O ~ O N\ ~ m m o ~~ ~ m ~ \ ~ ~ x z o ° °~ 3 O ~z m ~ ~~~ 0 0 0 ~ m ~ r~ .~ m ~ ~r ~ mO~ m 2 ~ 0~ ~ m TOT O ~ m V X O OO ~ m ~m ~ ~' m n O D m Z D D r- o rO ~ ~~ m N c ~+ D y0 Z n Z ~ ~ .,. ~ . Om OC8 T C 1 D O m ~ g . ~ K m p ~ ~ Z 0 Z m m O > ~~~ ?s °' m 0~ = O i m ~ o m a o ~' Z D 3 ~ ~ 0 C ~_ 3 m O ~ o Z^ ~ ~U\ 0 m 0 D _{ rh 0 Z .~~(` ~~ . m c m Z m N Z N m N m x 0 z 0 nR'' 1" al 0 .n9~~ n ~ O O ~), n~ z w °n °'n~Z 7~0~~0 °ng ~°v~ u aomZ o ~ozn a~ z~~x ~ x C) < ~ ~oa~ n o~ n C «a~ N V A O ~ N '° z a n 9 'z m o s~'' ~ ~ ~ m n ?, '^0 O .w. p d '° o ~ ,.., a ~ C7 a5; y T~ a S Y ~ M A ~J °~ ~. ~. ~ Q ~ -~ z n n O O °~ ~ z m .j i m wb a r. • P" ..y n i ,°P~ 0 L o 0 ,gym n ~ m .b.. :~~ K y ~ ~ - m C z r n m Z m '?JC, _~ T p] m :~ ~ z Y i -~ N ~:~ r ~. ~ a .~ b ~'_i ' a a State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC '_I I (6/99) Department of Alcoholic Beverage Control 3737 Main Street Suite 900 Riverside. CA 92501 (909)782-4400 DISTRICT SERVING LOCATION First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: . (If different from premises address) Type of license(s): 47 Transferor's license/name: RIVERSIDE DELAPIEDRA ALMA V FELIPE'S File Number: 370391 Receipt Number. 1304675 Geographical Code: 3615 Copies Mailed Date October 31, 2000 Issued Date 11815 FOOTHILL BLVD UT E RANCHO CUCAMONGA, CA 91730 SAN BERNARDINO Yes Dropping Partner: Yes No ! \ License Type Transaction Tvoe Fee Tvne Master • ON-SALE GENERAL I ANNUAL FEE pqp y PRIORITY-0RIG., ON SLALE GENERAL-SAN BERNARDINO CO. #4 Duo Date Fee 0 10/31/00 $695.00 Total $695.00 Have you ever been convicted of a felony? N o _, .Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Enplain any 'Yes" answer to the above questions on an attachment which shall he deemed part of this application. ' Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) [hat he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date: October 31, 2000 Under penahy of pepury, each person whose signature appears below, cemftes and says (I) He is an applicant. or one of [he appliwn«. or an enecutiv< officer of the applicant corpomuon, named in the foregoing opplicmton, du h' amhorrzed to make Ihrs applieauop on us behalf; (Z) that he has read the (oregoi ng and knows the contents thereof and that each of the above statements therein made are true; (J) that no person other than the apphcant or applicants hos any direct or induct[ inttrest in the applicant or applicant's business to be conducted under the license(s) for wh¢h this apphcazton is mode; (4) that the transfer applicanon or proposed transfer « not made to saux(y the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day an which the trander application is filed with the Department or to gain or establish a preference to or (or any creditor or transferor or to defraud or m)ure any crcdrtor of transferor; (5) that the transfer applicanon may be withdrawn by either the applicant or the licensee with no resulting liability to the Depanmem Applicant Name(s) Applicant SignaturP(s) DELAPIEDRA ALMA V ~) J ~ ~ ~ ; DELAPIEDRA FELIPE ~'~ _r r~ • ` / / EXHIBIT B A & B 9 RESOLUTION NO. 0031 A RESOLUTION OF THE CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-44, PERMITTING THE SALE AND ON-SITE CONSUMPTION OF ALCOHOL (TYPE 47 LIQUOR LICENSE) IN A 2800-SQUARE FOOT RESTAURANT WITHIN THE EXISTING MAST PLAZA COMMERCIAL CENTER LOCATED IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) AT 11815 FOOTHILL BOULEVARD, UNIT E, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-011-38. A. Recitals. 1. Felipe's Taqueria filed an application for the issuance of Conditional Use Permit No. 00-44, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 12th day of December 2000, the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on thatdate. 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 City Planner of the City of Rancho Cucamonga as follows: 1. The City Planner hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and corect. 2. Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing on December 12, 2000, including written and oral staff reports, together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to properly located at 11815 Foothill Boulevard, Unit'E' in the Masi Plaza commercial center at the southwest comer of Foothill Boulevard and Rochester Avenue; and b. The properties to the north are designated as Community Commercial, the properties to the south are designated as General Industrial, the properties to the east are designated as Industrial Park, and the properties to the west are designated as Industrial Park; and c. The applicant proposes the sale of alcohol for on-site consumption within an existing sit-down restaurant. The applicant is not proposing an increase in operating hours, or any physical alterations of the building; and d. The number of parking spaces available al the site is over 400 lots. The parking requirement for the applicant's project is 28 spaces, calculated atone space per 100 square feet of • noor area; and EXHIBIT C A & B 10 CUP 00-44 - FELIPE'S T~UERIA • December 12, 2000 Page 2 e. The neighboring businesses within the commercial center are compatible with the proposed use. The proposed project's operating hours and parking requirements will not conflict with these, or any of the other, existing tenants; and 3. Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the City Planner hereby finds and concludes as follows: a. The proposed use is 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 proposed use, together with the wnditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or .improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. d. The changes and alterations incorporated into the proposed project will have no significant adverse environmental effects. 4. The City Planner herebyfinds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental QualityAd of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15303(c) of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1; 2, 3, and 4 above, the City Planner hereby approves the application subject to each and every condition setforth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Conditional Use Permit approval is for the sale and on-site consumption of alcohol in an existing sit-down restaurant located at 11815 Foothill Boulevard, Unit 'E', coveririg approximately 2800 square feet within an existing commercial center located at the southwest comer of Foothill Boulevard and Rochester Avenue. No changes in operating hours or structural alterations to the building are authorized with this permit. 2) The hours of operation are 10:OOam to 9:OOpm every day. 3) Approval of this request is contingent on the application through and approval by the Califomia Department of Alcoholic Beverage Control (ABC) for a Type 47 Liquor License permitting the sale and on-site consumption of alcohol. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the use. A & B 11 CUP OO~t4 - FELIPE'S T~ERIA • December 12, 2000 Page 3 • 6) The facility shall be operated in conformance with the pertormance standards as defined in the Development Code including, but not limited to, noise levels. 7) Any signs proposed for the restaurant shall be designed in conformance with the Citys Sign Ordinance and the Uniform Sign Program forthe complex and shall require review and approval by the City Planner, prior to installation. 8) Any modification of the restaurant's operating hours or days, or any intensification of the restaurant's use beyond what is specifically approved by this Conditional Use Permit shall require review and approval by the City Planner. 9) Nightclub style dancing and entertainment is not authorized with the approval of this conditional use permit. 6. The Secretary to the City Planner shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF December 2000. CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA • BY: ~I' ~ Bra r, City er ATTEST: `~~"`~ Lois J. S rader, Secretary I, Lois J. Schrader, Secretary of the City Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Planner of the City of Rancho Cucamonga, at a regular meeting of the City Planner held on the 12th day of December 2000. • A & B 12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Conditional Use permit 00-44 SUBJECT: Permit for sale and on-site consumption of alcohol APPLICANT: Felipe's Tacqueria LOCATION: 11815 Foothill Boulevard, Unit E ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 47T-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Comoletlon Date •A. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the altemalive, to relinquish such approval. The applicant shall reimburse the City, Its agents, officers, or employees, for any Court costs and attorney's fees which the Clty, its agents, officers, or employees maybe required by a court to pay as a result of such action. The City may, at its sole discretion, participate at Its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. ' B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use 1_/_ has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. 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. 2. 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. • SC-10-00 A & B 13 • • Project No. CUP 0041 Comolatlon Date APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. General Fire Protection Conditions 1. Fire District fee(s), plus a $1 per "plan page' microfilm fee will be due to the Rancho Cucamonga. Fire Protection District as follows: x $132 for Conditional Use Permll fee. E. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. Places of assembly (except churches, schools, and other non-profit organizations). NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS, FIRE PROTECTION SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY CONSULTANT REVIEWS WILL BE ASSESSED UPON SUBMITTAL OF PLANS. NOTE:.A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW CONSTRUCTION PROJECTS AND FOR EXISTING BUILDINGS WHERE IMPROVEMENTS BEING PROPOSED WILL GENERATE 50 CUBIC YARDS OR MORE OF COMBINED CUT AND FILL. THE GRADING PLAN SHALL BE PREPARED, STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. SC-10-0D 2 A & B 14 -/-/- -/-/. i RANCHO C O C A M O N G A Staff Report DATE: July 25, 2007 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Planning Technician SUBJECT: CONDITIONAL USE PERMIT DRC2007-00283 - FELIPE'S MEXICAN RESTAURANT - A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restaurant use at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) - APN: 0229-011-38. Related Files: Conditional Use Permit No. 00-44 and Entertainment Permit DRC2007-00284. • ENTERTAINMENT PERMIT DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT - A request to allow live nightly entertainment and dancing within an existing restaurant at 11815 Foothill Boulevard, in the Industrial-Park District (Subarea 7) - APN: 0229-011-38. Related Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. BACKGROUND: On December 12, 2000, a Conditional Use Permit was granted to allow the sale of alcoholic beverages (Type 47 license) in conjunction with meals at the subject restaurant. Conditions 8 and 9 of City Planner Resolution 00-31 requires City approval for any modification to the hours of operation and/or the intensification of the use such as the addition of dancing and entertainment. Entertainment requires the approval of a separate Entertainment Permit by the Planning Commission. The applicant is requesting both a modification in the hours of operation and an Entertainment Permit. PROJECT AND SITE DESCRIPTION: Felipe's Mexican Restaurant is a privately owned business specializing in Mexican cuisine and pastries and is located in the Masi Plaza center. The size of the restaurant is 2,800 square feet with an outdoor dining area of approximately 600 square feet. The applicant desires to provide entertainment for the restaurant use and is requesting to modify the existing Conditional Use Permit to change the hours of operation and approval of an Entertainment Permit. The proposed changes are as follows: • EXHIBIT D A & B•15 PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 2 • • Hours of Operation: The new business hours proposed for the restaurant are 11:00 a.m. to 2:00 a.m., Tuesday through Sunday (restaurant to be closed every Monday). The current business hours are 10:00 a.m. to 9:00 p.m. every day. Live Entertainment and Dancing: The entertainment proposed includes live music (e.g., Mariachi and Conjunto bands, Karaoke, etc.), disc jockey, comedians and dancing. The entertainment activities will occur each night (business is closed on Mondays) beginning at 9:00 p.m. and ending at 1:30 a.m. All entertainment will occur indoors. The area within the restaurant set aside for entertainment is 150 square feet. Currently, no entertainment exists at the restaurant. A. Surrounding Land Use and Zoning: Site -Masi Plaza Commercial Center/Industrial Park (IP), Subarea 7 North -Home Depot/Spaghetti Factory/Community Commercial (CC) zone in Terra Vista Community Plan South - Masi Plaza/Epicenter/Industrial Park -Subarea 7 East -Masi Plaza and Undeveloped land across Rochester Avenue/Industrial Park - Subarea 7 West -Masi Plaza/Industrial Park -Subarea 7 ANALYSIS A. Use Description: As noted above, Felipe's Mexican Restaurant is a sit-down eatery that • provides Mexican style cuisine for breakfast, lunch, and dinner. The restaurant contains a bar serving beer, wine, and mixed alcoholic drinks with meals. On Sundays, brunch is served and, on occasion, a banquet is accommodated. The restaurant is located in the Masi Plaza with on-site parking and no adjacent residential areas. During peak business hours (lunch, dinner, and weekends), there will be a maximum of 15 employees. No physical expansion of the restaurant is proposed with this request. B. Hours of Operation: The proposed change in the hours is directly related to the applicant's desire to offer entertainment at the restaurant. The key reason for adding entertainment is to give the applicant an opportunity to distinguish their restaurant in the community as a desired destination point to better compete with new or up and coming restaurants in the nearby centers. The applicant's desire is to have the extended hours and entertainment ,activity increase their business. The extended hours of operation will not pose significant impacts on the center as most (if not all) of the other (non-food) businesses in the center will be closed. Although 24 Hour Fitness and Jack-in-the Box are open late, their patrons during the late hours are minimal and park close to their respective front doors, which are a considerable distance away from Felipe's Mexican Restaurant. However, staff believes the late closing hours are not appropriate for a restaurant use and more like those of a nightclub and/or bar. Staff recommends adjusting the hours to no later than midnight from Sunday to Thursday and a closing time of 1:00 a.m. on Friday and Saturday. These hours allow for extended business opportunity and are more in keeping with the family type of restaurant Felipe's Mexican restaurant is known to be. In addition, these hours are similar to the business hours of most other sit down restaurants in the community. A condition of approval reflecting staff's recommended change in business • hours is included in the resolutions prepared for this application. A & B 16 PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT July 25, 2007 • Page 3 C. Entertainment Permit: The purpose for the requirement of an Entertainment Permit is to ensure the compatibility of adjacent uses and separation of potential nuisance activities. Fortunately, no residential uses are adjacent or in the immediate area of the restaurant or the multi-tenant commercial center in which it is located: As such, the potential conflict to sensitive uses is very low. As mentioned above, most (if not all) of the other (non-food) businesses in the center will be closed before entertainment activities are set to begin at the restaurant. Furthermore, the applicant will be required to provide full meals and outside security during the entertainment hours until the restaurant closes. Entertainment can be an appropriate supplemental activity in a restaurant when properly executed and conditioned. As proposed, the applicants' desire is to have live music and dancing in order to attract and entertain dining customers. Mariachi and Conjunto music, in particular, is very common at Mexican restaurants and helps to provide ambiance to the dining experience. In order to ensure that entertainment does not degrade and result in undesired impacts, the Entertainment Permit will be conditioned so that continued food service is provided at all times and that a security guard will be on duty. The property owner, Pacific Century Investment Inc., has provided the tenant and staff with a copy of a letter (dated June 4, 2007, and addressed to the owners of Felipe's Mexican Restaurant) outlining their expectations for the business. In the letter, the property owner approves family oriented entertainment provided that a duly licensed security guard is provided and that the business does not promote itself as a sports bar or sports restaurant (including pay per view events). • D. Land Use Comoatibilitv: The property is in the Commercial Center/Industrial Park (IP), Subarea 7, which allows for a range of retail, personal and professional services, including sit-down restaurants and live entertainment. As such, Felipe's Mexican Restaurant will be compatible as a land use and consistent with the other restaurant uses in the center, some of which have an Entertainment Permit. Felipe's Mexican Restaurant opened its doors at this location in 2000 and was granted approval of Conditional Use Permit 00-44 allowing a bar and the service of alcoholic beverages with meals. No problems with the current operation of the business at this location have been reported. Staff finds the proposed changes to the existing restaurant to be appropriate given the type of entertainment proposed, the location of the restaurant within a larger commercial center, and the lack of nearby residential/sensitive uses that could be adversely impacted by noise. Nevertheless, staff will add conditions of approval to ensure that the approved uses are properly controlled and can be enforced if necessary. E. Parking: The Masi Plaza was constructed in the early 1990's and is a 267,500 square foot multi-tenant commercial and retail shopping center. The total number of parking spaces required for the center is 1,074, and 1,123 parking spaces is provided leaving a surplus of 49 parking spaces. Restaurant uses are parked at a ratio of one space per 100 square feet of gross floor area. As such, the 3,500 square foot Felipe's Mexican Restaurant use requires a minimum of 35 parking spaces for the proposed use. Since no expansion of the floor area for the restaurant is proposed, no additional parking is required. This determination is based on the fact that an increase in occupancy is not allowed above that • which already governs the restaurant. Staffs visits to the site indicate that while prime parking spaces in front or close to the front doors are constantly in use, parking is A & B 17 PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 generally available for patrons of all the business. As with most commercial centers, peak hours are at lunch and dinner hours. Additionally, because the entertainment is scheduled to start at 9 p.m. each night (restaurant closed every Monday), and since the majority of the businesses within the shopping center will be closed, more parking spaces will be available for restaurant patrons. Staff does not anticipate any significant parking impacts. F. Environmental Assessment: When the item was previously approved, the Planning Director found the project 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 has been used as a restaurant. The current project involves only a change in business hours and minor interior improvements to accommodate the entertainment within the existing lease space of the restaurant. The requested changes do not affect the original exemption finding. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No comments have been received in regard to this project. RECOMMENDATION: Based on the above analysis, staff recommends approval of Conditional Use Permit DRC2007-00283 thereby modifying Conditions 8 and 9 of City Planner Resolution 00-31 to allow extended hours of operation and entertainment in conjunction with restaurant use at 11815 Foothill Boulevard. In addition, staff recommends approval of Entertainment Permit DRC2007-00284 specifically allowing nightly entertainment and dancing at the subject site. Respectfully submitted, ~.g. R- ~^~"d ~" Ja es R. Troyer, AICP Planning Director JT:DClge Attachments: Exhibit A -Site Plan Exhibit B -Aerial photo Exhibit C -Floor plan Exhibit D -Applicant's Letter, dated June 6, 2007 Exhibit E -Property Management's Letter, dated June 4, 2007 • • • A & B 18 06/01!2007 1E: 50 Q ~ N ~ ~a J ~- Ll, o _ U ~ ~' Q °~ a ~ o a c ~ f0 ~ d d J f~ ..t _J S F- O O w 3/117 2i~1S3~1~0'~ Y a w z m w r z w U W U_ w O F- 714445t'^ =5 PCI ~~~ ~ •r W • O ~ mW ~~~~ EXHIBIT A ~~~cy~ 1ct-..... ~ ~ 111 Q U 5 U '~ ~ ~, W r ~ 9 °V 3 w ,'• U A & B 19 F ~ANNING COMMISS~JN JULY 11, 2007 A& 620 EXHIBIT B " Pc ~~a~/o ~ ~~~~~~ • ~~ ,VL 1 V t~ X J/ ~ X Q ~~ •U ? V (~ ~ ~~ 0 X X x ~ R ~• ~ 4 „°_~ ~; ~~ J r. ~ -- = ~ x~ F. ~ ~. ~ ~X •M X y ~ ~~ ~ ~' ~• ij~ O ~ ~ X E ~~ ^ x l.~ ix I i ~ ~~ 'tt ' X ~ ~ ~~ ~ x^ :~ l~ ~ x ::~ x ~ ~~ ~~ ~E x ~ x ~- ~ IX ~~ ~ ~ ~ x^ _I ~ ~. ac X X ~" I' x~~: y W~; x~~ ~ ~ ~~I ~K n ,~ x X ~ x I .~J ,e , --~I Xx f s~~ x... __ .F p,. 1 ~ EXHIBIT C Z ~ ~C ~/zs~ 7 I__~ ~~ ~ o ~_, x x ~.~ a a~°e 21 xx ~`J~S ~~ ~ ~ X ~~ Y'~ 9~ .,+ ~ ~ ~. a xx ~ ~. l ~ ~I awn I~ I~~ ~ x ~/9 o -, -~ ,~~ ~,.a J ~ .~ ` 9 ,~ ? ~ ,~ ~ ~ v _~ J ~ ~ ~~~~~ ~~ J if t.. 3 ~. Z U o~ . ~ _.2 ~ 'J J J l~- vl STATEMENT OF OPERATION June 6, 2007 To Whom It May Concern: Felipe's Mexican Restaurant Request to increase its business hours and provide live nightly entertainment that will consist of Mariachi Band, live (conjunto) Band, Kazaoke, Comedy, Disc Jockey and dancing. Therefore we aze requesting to modify out existing Conditional use permit, CUP 2000-00044. The proposed business operation is to maintain the existing full service sit down Restaurant service and to add Nightly entertainment. The change of business hours are 11:00 am until 2:00 am Tuesday to Sunday. The entertainment hours will be from 9pm until 1.30am Tuesday to Sunday. We will provide at all times during the entertainment hours, a Certified Security Personnel to assure orderly conduct and safety for both our customers and The Masi Plaza Shopping Center. As you might be awaze we have been residents of this great city since 1963 and business owners and operators of Felipe's,Mexican Restaurant since 1983. Consequently we have had the opportunity to see the growth of this community step by step. We believe that adding entertainment will make our business more competitive with the many new establishments that have come to Rancho Cucamonga in recent years. I hope this will insure the future success of our Restaurant. Thank you fo our consideration of this requ /Felipe De La Piedrd Jose Sambolin ' ~~~ ~ ~~~~ Q~~ Alma De La Piedra EXHIBIT D ~ ~r/~-s-/a ~ FELIPE'S MEXICAN GRILL Masi Plaza 11815 Foothill Blvd Unit E Rancho Cucamonga, CA 91730 909-484-2050 909-484-2860 (fax) 909-957-5411 (cell) C~ • • A& 622 ~~~ r t~~~ vaoimc oErnvRr arvasnrEKr. nac u June 4, 2007 Felipe De La Piedra and Alma De La Piedra Felipe's Restaurant 11815 Foothill Blvd., # E Rancho Cucamonga, CA 91730 Rc: Request for Amcndmcnt to Lease -Live Entertainment 11815 Foothill Blvd., #E, Rancho Cucamonga, CA Dear Felipe & Alma De La Piedra: I am pleased to advise that your request for an amendment to your Lease to allow live entertaizl:ment lass been, approved by the Landlord, subject to the CC& R's and under the following conditions: • I . Felipe's will be required to carry liquor liability insurance in. an amount no less than $3,000,000. Proof of insurance must be provided to Landlord. 2, Felipe's wiA be required to obtain a Conditional Use Permit from the City of Rancho Cucamonga. Once the above two requirements are met, an Amendment to your Lease will be prepared for signature, In addition to the above requirem®nts, the Amendment will also include the following language: RIDER 36.: CONTEMPLATED BUS~IVESS. Contemplated business shall include. Mexican Restaurant with live entertainment and/or dance music shall be restricted to smell. top 40 Bands or D.J., Karaoke, Stand up Comedy, Solo Performer on Guitar oz Piano, Guest Performance by Mariacbis. No exclusive for live entertainment. • 1400 N. Huber alvd.. Stc. 625, Fullerton, CA 92835 Tcl: 714.) 449-p005, Far,: 714) 449-0065 EXHIBIT E '°c ~~~&sf23~ ~cn;. •~© ~~ PisCmCeEitlTUM ipvear4furr. nJc RIDER 36.1: PRECLUDED USES & OTHER RESTRICTIONS ON USES. Precluded Uses include. Promoting the Premises as a sports bar or sports restaurant through signage, flyers, ads, exterior displays or any other means and promoting the televising of sports events on the Pr¢miscs or offering "pay for view" sporting events to patrons; however, this shall not preclude the televising of "non-pay" broadcast channels that may be incidentally showing spotting events in addition to other progrunming. RIDER 36.2: LANDLORD'S APPROVAL OF LIVE ENTERTAINMEN'T' ANDlOR DANCING. Live antcrtainment and/or dancing shall only be pcttnitted with Landlord's approval, said approval to be in Landlord's sole and absolute discretion. Any Iive entertainment and/or dancing shall be family oriented. • Landlord reserves the right to require Tenant, at Tenant's expense, to provide a California state licensed security guard with the Premises and/or outside patrolling the common areas adjacent to the Premises during • evening entertainment hours (10:00 p.m. and closing) on evenings in which live entertainment and/or dancing is provided. Live entertainment and/or dance music shall be restricted to small top 40 Bands or D,.7., Y.araolse, Stand up Comedy, Solo Performer on Cruitar or Piano, Guest Performance by 1vTariachis. There shall be no live entertainment and/or dance music on the outside patios or exterior of the Premises and music shall not be audible outside the Premises. If Tenant violates the above prwiaions, then Landlord shall give the Tenant one (1) day written notice (hand delivered to Tenant or Tenant's manager), or three (3} day written notice by mail to correot said defect. If Tenant fails to correct said defect, then Tenant shall be deemed to be in default under the Lease and Landlord shall have the right to exercise all remedies under the Lease, including termination of Live Entertainment and/or the Lease Agreement. Tenant acknowledges that Tenant shall not promote said Premises as a "club", or create a "club-like" atmosphere. In no event shall Tenant charge "at the door" or any other type of admission. In regard to specit~l events, Landlord, in Landlord's sole and absolute discretion, may allow an admission charge for family oriented special events, political fund raisers, and charitable events. 1400 N. Hacbor Alvdi~ Sm. 625. Fullerma CA 92635 Tcl: 714)4490005, Far,: 714) ed9-0065 u A & 824 ----- "1 PAGE 04/04 :~® ~~~ PaCIFl6 CENTUM INVEkTMEM. INC • RIDER 36.3. LANDLORD'S ELECTION TO REQUIRE TENANT TO PROVIDE SECURITX. As long as Tenant operates their business to include Live Entertairunent, in whole or in part, as described in Section 36.1, then Landlord shall have the right, in Landlord's sole and absolute discretion, to require Tenant to provide a Califoznia state licensod security guard vrithin the Premises during the avaning hours (10;00 p,m. until closing} on evenings in which live entertainment and/or dancing is provided. Said security' guard shall also be responsible for monitoring activities otz the patio araru;, parking lot and adjacent common areas to the Premises. Such determination to require security shall be made by Landlord. If Tenant fails to provide said security within three (3) days of written notice by Landlord, or within one (1) day hand delivered notice to Tenant or Tenant°s manager, then Tenant shall be in default o£the Lease and Landlord shall have the right to exercise all remedies provided under the Lease, including terminaflon of Live Entertainment and/or the Lease Agreement. LANDLORD AND TENANT ACKNOWLEDGE TFIAT THrS LETTER IS NOT AN AMENDMENT TO LEASE AND THAT TC IS INTENDED AS THE BASLS FOR THE • PREPARATION OF AN AMENDMENT BY LANDLORD. AN AMENDEMENT SHALL BE SUBJECT TO LANALORD'S AND TENANT'S APPROVAL, AND ONLX A FULLY EXECUTED AMENDMENT SHALL CONSTITUTE AN AMENDMENT FOR THLS LEASE, LANDLORD MAKE5 NO WARRANTY OR REPRESENTATTONS TO TENANT THAT ACCEPTANCE OF TIII6 LETTER WII.L GUARANTEE THE EXECUTION OF AN AMENDMENT FOR THE LEASE. THE FAVAL AMENDEMENT DOCUMENT SHALL INCORPORATE THE PROVISIONS CONTAINED IN THIS LETTER AND ANY OTHER PROVISIONS UPON WiHTCH THE TENANT AND LANDLORD MAY MUTUALLY AGREE. LANDLORD RESERVES THE RICHT TO NEGOTIATE WITH OTHER PROSPECTIVE TENANTS AND IS NOT OHLIGATFD TO NEGOTIATE EXCLUSIVELY Wr'I'H THE 6UBJECT PROSPECTIVE TENANT. Felipe and Alma, please keep us informed as to the progress of obtaining the Conditional Use Permit from the City and insurance requirements noted above, Once these documents ere received, we will proceed with the Lease Amendment. If I can be of further assistance, please do not hesitate to contact me. Sincerely, I'NS Enterprise No. 1, LLC ~ PACIFIC CELT Y INVESTMENT, INC., its property manager Mona S. Mathewson Property Manager • t 4DD N. T~Iarbor Hlvd.. Ste. 625, fupcrton, CA 92835 Tcl: 914) a49-ODDS, Fax: 714) 449-DOGS A&B25 RESOLUTION NO. 07-43 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, DRC2007-00283 AMENDING CONDITIONAL USE PERMT 00-44 ALLOWING A CHANGE IN BUSINESS HOURS AND ALLOW ENTERTAINMENT AT AN EXISTING MEXICAN RESTAURANT WITHIN THE MAST PLAZA SHOPPING CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0229-011-38. A. Recitals. 1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above location, filed an application to amend Conditional Use Permit No. DRCCUP00-44 as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 25th day of July 2007, 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 July 25, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Felipe's Mexican Restaurant located at 11815 Foothill Boulevard, within the Masi Plaza Commercial center with a street frontage of over 1,000 feet along Foothill Boulevard, and which is presently improved with buildings, parking, and landscaping; and b. The property to the north of the subject site is zoned Community Commercial (CC) in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned Industrial Park (IP), Subarea 7; and c. The existing restaurant opened at the subject location in 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and d. The existing restaurant use occupies a lease space of approximately 2,800 square feet and has an outdoor dining area of approximately 600 square feet; and • EXHIBIT E A& 626 PLANNING COMMISSION ..cSOLUTION NO. 07-43 DRC2007-00283- FELIPE'S MEXICAN RESTAUF;ANT July 25, 2007 Page 2 e. The applicant has proposed no exterior changes or expansion of the restaurant • except for minor interior revisions to accommodate a small 150 square foot entertainment area; and f. Felipe's Mexican Restaurant has requested a modification to the existing conditions of approval to change the existing business hours from 10:00 a.m. to 9:00 p.m. every day to new hours of 11:00 a.m. to 2:00 a.m., Tuesday through Sunday (closed Mondays) and to allow entertainment at the restaurant. g. However, staff finds the propdsed late closing hours are not appropriate for a restaurant use and more like those of a nightclub and/or bar. As such, staff recommends new business hours from 11:00 a.m. to midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. on Friday and Saturday. These hours allow for extended business opportunity and are more in keeping with family type of restaurant Felipe's is known to be. 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 proposed request to modify conditions of approval is 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 proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and • c. The application, which contemplates modifications to the operations of the existing restaurant use, complies with each of the applicable provisions of the.Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independentjudgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3, and 4 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Deoartment 1) Approval to amend Conditional Use Permit 00-44 is granted to allow new business hours and entertainment (subject to the approval of a separate Entertainment Permit) for the existing full-service restaurant use at 11815 Foothill Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. • A&627 PLANNING COMMISSION ..cSOLUTION NO. 07-43 DRC2007-00283- FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 • 2) The new business hours for the existing restaurant use shall be 11:00 a.m. to 2:00 a.m. seven days a week. Further changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant building. 4) The restaurant shall continue to offer a full menu of food items cooked on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shall alcoholic beverages be served when full menu items are not offered by the restaurant. No physical expansion of the existing restaurant use shall be allowed with prior City review and approval and amendment of this Conditional Use Permit. 5) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. • 6) The business shall operate in conformance with the performance standards as defined in the Development Code including but not , , limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit maybe reviewed by the Planning Commission for consideration and possible termination of the use. 7) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 8) Any modification or expansion of the floor plan which increases dance floor/entertainment area, "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • A&628 PLANNING COMMISSION kcSOLUTION NO. 07-43 DRC2007-00283- FELIPE'S MEXICAN RESTAURANT July 25, 2007 Pagi BY: ATT 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 of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of July 2007, by the following vote-to-wit: AYES: COMMISSIONERS: HOWDYSHELL~ FLETCHER~ MUNOZ~ STEWART~ WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • f. J A&629 _' 1 /~ ~ ~~~~ ~ • V • 1~ 2 J ~, ~~ ~ ~ ~ ~ ~y ~? ~ J ~~„ c- X X x x X X x 9~ ~ ~~~ ~~ ~ Xx;a L ~ ~ ~ u~0~ x X ~ ~ ~ ~ x x I ~ /~ ~~ X X ~x ~ya ~ x . 5C ~ ~ ~~ ~ ~ ~~ ~:_ x ~ x~ ~ ~ i~ ~~ =~ ~ (~ i ~ ~ ~ x ~ x ~ J ~ x x - --~ MX x~ ~ 4 r,, ,X V£ X ~c ,~ xV ' ~ '~ ~ ~" A x _ ,_ ~ `~ h ~s ~ w c~ a ~~. ~~ ~ ~ ``~ ~ ~ % ~. 0 ~ .=x x i - x ~ I ~I_ ~ x x ~ ~-J~ A & 630 ~ ~ ~ ~ 0 X~ - x - -- -t ~~ - EXEiI61T A '9- 3 a/1 ~. :~~ ~J~ ~ a ~'. ,~ ~ ~ ~~ M ~ ~ ~ ~, ~ Q` c ~ ~ ~~ ~ `~ ~(_ V J z L u ~ ~ J J ~~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2007-00283 AND DRC2007-00284 SUBJECT: CONDITIONAL USE PERMIT AND ENTERTAINMENT PERMIT APPLICANT: ALMA AND FELIPE DE LA PIEDRA LOCATION: 11815 FOOTHILL BOULEVARD - APN: 0229-011-38 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 07-43 and 07-44, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the constructionlgrading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Site Development 1. 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 Planning Director. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. n U I:\PLANNING\FINAL\PLNGCOMM12007 Res 8 Stf Rpt\DRC2007-00283 SldCond 7-251.doc Completion Date -/-/- -/-!- / / ! / A & B 31 P~ ct No.DRC2007.00283 AN D DRC2D07-00284 Comoletion Date 3. 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. • C. Shopping Centers 1. Graffiti shall be removed within 72 hours. ~ ~ 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / I debris remain for more than 24 hours. --- D. Environmental 1. Noise levels shall be monitored after construction to verify the adequacy of the mitigation / / measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. _ _ _ A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as toadditional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. Existing Structures 1. Upon tenant improvement plan check submittal, additional requirements may be required. / /. r LJ I'\PLANNINGIFINALIPLNGCOMM\2007 Res & Stf Rpt\DRC2007-00283 SldCand 7-251.doc A&632 u RESOLUTION NO. 07-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2007-00284, A REQUEST TO ALLOW LIVE ENTERTAINMENTANDDANCING AT AN EXISTING RESTAURANT USE IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0229-011-38. A. Recitals. 1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above location, filed an application for an Entertainment Permit DRC2007-00284, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 25th day of July 2007, 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 July 25, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Felipe's Mexican Restaurant located at 11815 Foothill Boulevard, within the Masi Plaza Commercial center, which has a street frontage of over 1,000 feet along Foothill Boulevard, and is presently improved with buildings, parking, and landscaping; and b. The property to the north of the subject site is zoned Community Commercial (CC) in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned Industrial Park (IP), Subarea 7; and c. The existing restaurant opened at the subject location in 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and • d. The existing restaurant use occupies a lease space of approximately 2,800 square feet and has an outdoor dining area of approximately 600 square feet; and EXHIBIT' F A& B33 PLANNING COMMISSIOI~~ ,<ESOLUTION NO. 07-44 DRC2007-00264 -ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 2 e. The applicant has proposed no exterior changes or expansion of the restaurant • except for minor interior revisions to accommodate a small 150 square foot entertainment area; and f. On July 25, 2007, Felipe's Mexican Restaurant obtained approval to modify business hours and allow entertainment at the restaurant subject to the approval of Entertainment Permit (DRC2007-00283). g. The applicant has submitted an Entertainment Permit request to allow live music (e.g., Mariachi and Conjunto bands, karaoke, etc.), disc jockey, comedians, and dancing at the restaurant each night (except Mondays) beginning at 9:00 p.m. and ending at 1:30 a.m. All of the entertainment will occur indoors, and no significant interior change is proposed except the creation of a 150 square foot stage. 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 proposed use is 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 proposed Entertainment Permit, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The application, which contemplates modifications to the operations of the existing • restaurant use, complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3, and 4 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Department: 1) The Entertainment Permit approval is for live vocal or musical performances (e.g., Mariachi, Conjunto bands, karaoke, comedy, disc jockey) and dancing at Felipe's Mexican Restaurant, located at 11815 Foothill Boulevard. The entertainment is approved as an accessory activity to the existing restaurant use at the subject site. The restaurant shall be in full operation at all times alcohol is offered and • entertainment is conducted at the subject site. A& B34 PLANNING COMMISSI01~ ,<ESOLUTION NO. 07-44 DRC2007-00284 -ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 • 2) Entertainment shall be allowed only between the hours of 9:00 p.m. and 2:00 a.m. seven days a week. Any modification of business dates and hours and/or enterta~~nment hours shall require the review and approval by the Planning Commission of a modified Conditional Use Permit and modified Entertainment Permit. 3) Dance floor/performance area shall be limited to a maximum of 150 square feet in the location as shown on the floor plan on file with the Planning Department. No physical expansion of the dance floor/performance area shall be allowed without prior Planning Commission review and approval and the issuance of a new Entertainment Permit. 4) A minimum of one duly licensed and state registered security guard from a reputable security firm shall be provided. The security guard shall be conspicuously dressed, be present on the premises during the approved entertainment hours, and responsible for regular surveillance of the business operation of the restaurant and activity in the adjacent parking areas to avert and/or control problems such as loud noise, loitering, disorderly conduct from patrons, and any other nuisances or disturbance. The security guard/applicant shall immediately report any uncooperative persons or violent behavior to the Rancho Cucamonga Police Department for assistance. Upon request by the City at any • time, the applicant shall provide documentation verifying that all these conditions have been met. 5) All entertainment activities shall be conducted entirely within the restaurant building. No entertainment shall be permitted in the outdoor dining area. 6) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code shall be permitted with this Entertainment Permit. 7) Approval of this request shall not waive compliance with any sections , . of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 8) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit and Entertainment Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 9) Any modification or intensification of the uses allowed with this Entertainment Permit shall require review and approval by the Planning Commission. • A&835 PLANNING COMMISSIOty , RESOLUTION NO. 07-44 DRC2007-00284 -ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 10) The applicant shall submit an annual Entertainment Renewal Permit application and fee of $75.00 pursuant to Municipal Code Section 5.12.115. 11) Any modification or expansion of the floor plan which increases "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007 PLANNING C~Otc(1MISSION OF THE CITY OF RANCHO CUCAMONGA BY: Chairman ATTEST: Jar s R. Troyer, AICP, Se etary 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 of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of July 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS NONE ABSENT: COMMISSIONERS: NONE A&636 • l J u ~ ~! .. ~~~~} ~ n X ~L t V `~. _ ~ ~ ~ 2 '~ ~ ~ s ~ ~~ ~ 2 '~~ U ~ ~ ~ ~ ~y ~? ~~ i(~ (~' xx x X ~ ~- 4 z 3 ~ ~, ~~ ~~ ~~. x i~ ~ ~ ~~ ~:; X, ~ XD,~ ~ X ~ XLJ ~ I ~~~ ~ J x x x - - --fix ~- kc X ~~, ~ ~ x ~ r x ~ x x A ~c ~~ - ,. _~X x~ a~ ~. ~ ~ x x OX ~ ~ x x ~X XX_ ~1__J '~- 4 ~ ~ 0 X~ "-- x - -E ~, ~ O I_~ - x ~ ~~ IA&~37 ~X x~ ~x x~ x ~ X '~ y. ``_1 X ~ .~x x i~ ~~~ 4( X ~s v ~. L U ~' r L~ -~. 3 ~/1 vl u x ~~ J Q iJ `= i~ ~ ~ ~~ -~, ~- °~ J ~~Q~ o ~n ~ ~s-> ~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2007-00283 AND DRC2007-00284 SUBJECT: CONDITIONAL USE PERMIT AND ENTERTAINMENT PERMIT APPLICANT: ALMA AND FELIPE DE LA PIEDRA LOCATION: 11815 FOOTHILL BOULEVARD - APN: 0229-011-38 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909') 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such'approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 07-43 and 07-44, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Site Development 1. 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 Planning Director. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. • I:\PLANNING\FINAL\PLNGCOMM\20D7 Res 8 Stf Rpt\DRC2007-00283 StdCond 7-251.doc Completion Date -/-/- -/-/- l / -/-/- A& B38 :ct No.DRC2007-00283 AND DRC2007-00284 Completion Date 3. 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. C. Shopping Centers Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. D. Environmental Noise levels shall be monitored after construction to verify the adequacy of the mitigation measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. Existing Structures Upon tenant improvement plan check submittal, additional requirements may be required 1:1PI.ANNING\FINALIPLNGCOMM12007 Res & Stf Rpt\DRC2007-00283 StdCOnd 7-251.doc -~-~- • / / / I -~-~- / /_ - - • • A&B39 net acres with a total of 266,323 square feet of building area within the Industria ar is istrict, • located on the west side of Haven Avenue, between Arrow Route and 26th Stree - 092-04. Related File: Tentative Tract Map SUBTT16909. A Mitigated Negative Declaration c~ environmental impacts has been prepared for consideration. ~ Larry Henderson, Principal Planner, noted he received a letter from South Coast uality Management District (SCAQMD) at 4:18 p.m. today. He also noted that the exhibit o e A-B 55 has been corrected to show a rock pilaster and the use of a new color similar to uilding to be consistent with what the Design Review Committee approved. Chairman Stewart opened the public hearing. Kevin Ennis, Assistant City Attorney stated that the letter from MD indicates the City should consider a new model that has recently been put into place ese types of air quality studies. Mr. Ennis determined that there are not facts supportin eir conclusion requiring us to either continue the item or resubmit the environmental stud cause the Initial Study was performed before this model became the official standard. Ned Sciortin, Hillwood Investment Properties, Larry Henderson for their assistance in they Norton, San Bernardino, thanked staff and t Review process. Chairman Stewart closed the public Commissioner Munoz stated it is ood project, and that the developer worked with staff to meet the requirements of the Have erlay. • Vice Chairman Fletcher ed he had concerns about the architecture until he saw the color renderings. He state is now more comfortable with it and would go ahead with the Design Review Committee staff recommendations. Chairman Ste commented that this project went through a workshop and Design Review several times. Motio Moved by Munoz, seconded by Fletcher, to adopt the Resolutions of Approval for Te ive Tract Map SUBTT16909 and Development Review D - do tion of tigated Negative Declaration of e ES: FLETCHE UNOZ, STEWART, WIMBERLY ABSENT: NONE -carried .,... C. CONDITIONAL USE PERMIT DRC2007-00283 - FELIPE'S MEXICAN RESTAURANT - A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restaurant use at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) - APN:0229-011-38. Related Files: Conditional Use Permit No.00-44 and Entertainment Permit DRC2007-00284. The project has been determined to be categorically exempt from the requirements of the California Environmental QualityAct (CEQA) under State CEQA Guidelines Section 15301, Class 1; Existing Facilities D. ENTERTAINMENT PERMIT DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT - A • request to allow live nightly entertainment and dancing within an existing restaurant at 11615 Foothill Boulevard, in the Industrial Park District (Subarea 7) - APN: 0229-011-38. Related Planning Commission Minutes EXHIBIT G' .luly 25, 2007 A& B40 Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301, Class .1; • Existing Facilities. Daniel Correa presented the staff report. He noted a correction on page 1 of the staff report. He said it should indicate the square footage as 2,900 square feet. Chairman Stewart asked if he reviewed with the applicant the modification of the condition stating the requirement to close 1 hour earlier than what the applicant requested. She asked if the applicant agreed to the condition. Mr. Correa stated he discussed it with the applicant and he (the applicant)would still prefer closing at 2:00 a.m. but staff suggested the change be made in keeping with the concept of the business being more of a family restaurant. Commissioner Munoz asked if the opening time had also changed. Mr. Correa reported that the restaurant will now open one hour later. Kevin Ennis, Assistant City Attorney noted a correction for Page C & D-14, condition #4 which should read, "No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit." Chairman Stewart asked if all the hours stated are consistent between the two resolutions. Vice Chairman Fletcher asked if other places in the Masi Plaza are open until 2:00 a.m. Mr. Correa stated Omaha Jack's has a full bar open until 2:00 a.m. to the west of Felipe's. He noted • it is a brewery, restaurant and bar. Chairman Stewart opened the public hearing. Felipe de la Piedra, owner of Felipe's restaurant, read a statement to the Commission noting he has been in operation for 24 years and has been involved, and supportive of, the community., He commented that his sales have dropped and now they have to compete with Las Campanas and to that end they would have to expand and be innovative by offering late evening dining and entertainment. He asked the hours of operation be revised to be open seven days a week, opening at 11:00 a.m. and remaining open until 2:00 a.m. Vice Chairman Fletcher asked what the closing hours are of the other places. Mike Diaz reported that similar establishments that serve alcohol are Bellissimo and EI Torito which close at 11:00 p.m. He said they did not consider places such as Denny's or Jack in the Box because they do not serve alcohol. Mr. Diaz noted that the hours shown in paragraph 'f of the resolution states the applicant's requested hours and that paragraph 'g' are staffs recommended hours of operation and that they are correct as stated. Chairman Stewart closed the public hearing. Commissioner Howdyshell stated it appears there is ample parking at the location of Felipe's and she did not feel the extra hour of closing at 2:00 a.m. would make a significant difference. • Planning Commission Minutes -3- July 25, 2007 A & B 41 Commissioner Munoz concurred in thinking that the 2:00 a.m. closing time would not make a difference and he asked staff to explain their direction and why they believe it would make a • difference. Mr. Diaz commented that with the family type of operation, the earlier hour was so families could get out prior to the closing of Omaha Jacks at 2:00 a.m. He said the closing hour (during the week) of midnight seemed to make sense since most people work during the week anyway. He noted the only difference was on weekends with a closing of 1:00 a.m. and that the Commission certainly has the option of adjusting the hours apart from the staff recommendation. Commissioner Munoz confirmed that the Conditional Use Permit could be reviewed at a latertime if problems arose as well as the Entertainment Permit. Mr. Diaz stated that is correct. Commissioner Wimberly concurred and stated he is comfortable with the 2:00 a.m. closing on weekends. Vice Chairman Fletcher noted that the purpose for the extended hours is to help a family restaurant be competitive with the many other restaurants that have opened in town and the extra hour could do that. Chairman Stewart said she could understand why staff made their recommendation because they are being mindful of a prior business in town that created issues related to their hours of operation although it was also related to an adjacent residential area. She did note the difference from Omaha Jack's. She said she could see giving Felipe's the opportunity to stay open until 2:00 a.m. and if it becomes a problem, the Commission could bring it back for review. She commented that • for the smaller family businesses things are getting tough. Mr. Troyer asked for confirmation of the proposed hours during the week and weekend. Chairman Stewart clarified that the hours are to only be extended to 2:00 a.m. on Friday and Saturday and the hours for Sunday through Thursday would be midnight as stated in the staff report. Mr. Correa stated the applicant had originally requested a 2:00 a.m. closing everyday with the exception of Mondays on which they would be closed. He said staff would prefer to only extend the hours on the weekend and close at midnight on the weekdays. Commissioner Munoz asked if staff had done some analysis for the other businesses in the plaza for the weekdays. Mr. Correa mentioned that there are about 8 restaurants in the plaza, most closing between 11 and 12:00 p.m. with the exception of Omaha Jack's. He said since the other businesses in the center are retail and commercial, they will already be closed when the entertainment at Felipe's begins at 9:00 p.m. Commissioner Munoz asked for the hours for Omaha Jack's on a weekly basis. Mr. Correa stated they are open seven days a week, 11:00 a.m. - 2:00 a.m. Chairman Stewart asked for clarity from the applicant on his requested hours. • Mr. de la Piedra stated his desire would be to be open seven days a week, 11:00 a.m. -2:00 a.m. Planning Commission Minutes -4- July 25, 2007 A&642 Commissioner Howdyshell remarked that most businesses have to factor if it is economically feasible for the doors to stay open until 2:00 a.m. on a midweek night. Commissioner Munoz commented that the market would indicate that and decide if he can stay • open until 2:00 a.m. He said he would therefore support the extended hours and bring it back if it becomes a problem. Kevin Ennis, Assistant City Attorney, commented that the business that became a problem a few years ago was because it was a restaurant that began operating like a nightclub. He added that it interfaced with residential issues. He said the main point is that this business is to operate like a restaurant and not a nightclub. He noted that this business could be sold and then gravitate to that.' He commented that the location is different and there are some protections in that they are required to serve food for the entire time alcohol is being served. Mr. Diaz noted that the lease agreement from the plaza notes that a sports bar operation is also prohibited. Mr. Ennis commented that the tools they have are these: requiring food to be served at all times, the size of the dance floor is limited, and adult entertainment is not allowed. He asked staff if they are restricted from changing the number of seats. - Mr. Correa reported that only a 150 square foot area is allotted to entertainment and dancing and that no changes in the interior or exterior of the structure will be allowed without review. Commissioner Munoz clarified that any changes in that would be brought back to the Commission. Mr. Correa stated that is correct. He noted that this is the first time staff has heard the applicant make this particular request to be open on Mondays. • Mr. Diaz confirmed that if the applicant requests an expansion of the dance floor area, they are to come in for review of all the appropriate documents. Commissioner Howdyshell asked if the 150 square foot dance floor area was already there or if seats were removed to create it. Mr. Diaz said he was not sure but it is likely there was a reduction in seating to accommodate that. He said they cannot exceed their maximum occupancy load. Chairman Stewart asked the applicant to come forward. She asked if they expect high volume patronage resulting from the entertainment other than Fridays and Saturdays. She asked if there is an industry standard. She commented that she understands why staff is recommending the reduced hours particularly if his business should fail and be sold, because the result can be ugly. She asked him if staying open until 2:00 a.m. on Sundays would help him with a midnight closure on the other nights. She said the Commission would like to help him but she thought the late closure on the weekends was the request. Mr. de la Piedra said there is a market for late closure every night and he would like to take advantage of that. He said their research indicates there are other restaurants in the community with late closures. Chairman Stewart closed the public hearing. Mr. Ennis commented that the Commission should balance the request with the issues brought • forward and that they may want to impose a condition on the CUP and Entertainment Permit Planning Commission Minutes -5- July 25, 2007 A& 643 requiring a modification for any expansion of not just the dance floor area but also the bar area (meaning if there is greater standup area). • Commissioner Fletcher asked if the Conditional Use Permit could be specific to this owner. Mr. Ennis replied no, that it runs with the land. Chairman Stewart commented that imposing this kind of condition certainly makes it harder. Mr. Ennis said the intent is for the operation to be a restaurant and to remain a restaurant use. Mr. Troyer noted that Exhibit C shows 5 tables with 20 chairs and if removed, that entertainment area could be greatly increased, thus the staff condition to make Exhibit C part of the CUP so that it can be regulated via the floor plan. Commissioner Howdyshell stated she is fine with the Monday hours, the City can accommodate many restaurants and this restaurant could generate more business and they could be open 7 days a week. Commissioner Munoz concurred and he suggested the hours be modified, and Exhibit C be added so that it cannot be changed without returning to the Commission. He moved to approve. Motion: Moved by Munoz, seconded by Wimberly, to adopt Conditional Use Permit DRC2007- 00283 and Entertainment Permit DRC2007-00284 with the amended days and hours as follows: they may operate seven days per week 11:00 a.m. to 2:00 a.m. daily and that Exhibit C (floor plan) is added to the resolution with the requirement that any modifications that either expand the bar area or reduce the seating area be brought back to the Commission for review and approval. Motion • carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried Commissioner Munoz asked for a clarification regarding the serving of alcohol/food. Mr. Diaz commented that the understanding is that they stop serving at 1:30 so that their staff can clean up and close by 2:00 a.m. k k f ~ARi7{IQGE DKCZ007-00396 - JALAL NOORZADY - A Request to reduce the required side yard setback from 27 feet to 18 feet in the Low Residential District at the s orner of Amethyst Avenue and 19th Street - APN:0202-111-05. The pro' n determined to be categorically exempt from the requirements of th nvironmental Quality Act (CEQA) as a Class 5 exemption under Sta Puidelines Section 15305, which covers minor alterations in land use lim' includes variances for side yard setbacks. Tabe van der Zw nted the staff report. He noted that two letters were received from adjacent n ' stating opposition to the variance request. One of the letters states his reason to is because the lot is too small for the proposed house. design in the agenda packet is what will be built. -__J Planning Commission Minutes -6- July 25, 2007 A& B44 CITY OF RANCHO CUCAMONGA . 10500 Civic Center Drive P. O. Box 807 Rancho Cucamonga, CA 91729-0807 (909) 477-2700 M-TH, 7:OOAM to 6:00 PM BUSINESS LICENSE RENEWAL NOTICE NEW LICENSE PERIOD IS: 09101/2006 - 0813112007 Business Name Felipe's Taqueria Business Location 11815 Foothill Bivd #E Rancho Cucamonga, CA 91730 Mailing Address FELIPE'S TAQUERIA " 11815 FOOTHILL BLVD #E RANCHO CUCAMONGA CA 91730 Description of Business MEXICAN RESTAURANT BRANCH LO ION PAYMENT DUE -~ DATE 08130!2006 EXPIRATION DATE 08/31/2006 Bus. Phone (909) 980-4252 Bus. Fax Start Date 09/01/2000 SIC Code Rate Type 5812001 // !- -~v Adminisifative Bus. Type \ 040 Business Sold Enter Dats of sale D Business Closetl Enter Dab O 'Contractors' No work /n"the City Ownership Sole Proprietorship E-m 'I State License No. License Type Expiration Date Resale No. 000023759562 Federal I.D. No. State ID No. 103-0767-1 UPDATE BELOW NAMES OF OWNERS, PARTNERS"OR CORPORATE OFFICERS- Attedh additional oace~if.necessarv .. ~ " Owner Name Felipe De La Piedra Home Address ON FILE Owner Name Alma De La Piedra Home Address ON FILE " Title Co-owner DriveYS License No. Title Co-owner Drivel's License No. Phone ON FILE Cell Phone ON FILE Social Security No. ON FILE Phone Ceti Phone Social Security No. • Rene es5age PLEASE PAY~THE FOLLOWING AMOUNT'DUE Fees are calculated o ROSS PAYROLL MMISSIONS or t7 G. i'~ \\ DRAWS, using the t tiles on the of this form 1. EsBmatatl grosa'for last year $ 0.00 t• INCOMPLETE FORMS, INCLUDING NON-PAYMENT OF /// ~~ r o t ~ ~ APPLICABLE PENALTIES, WILL NOT BE PROCESSED!! 2. Actuel gross ra~rg~ptl~tor lest year $ G"' .'~ ~L') i ""ATTENTION""` If Box 5 appears to be a credit - STOPI I I Please contact our office for assistance ""BUSINESSES WITHIN CITY LIMITS ONLY"" ALL BUSINESS LOCATION CHANGES MUST 8E MADE IN PERSON AT CITY HALL! Other changes can be made on the renewal ""SUBJECT TO AUDIT"" SEP 1 4 2006 y3 S 6 "~ - Receipt # 3. Difference between box 1 antl boz 2 $ DOG /I (+for debit,-forcred htl. rb~l f 4. Y ( EeLmated,grosa refralp actor this year. $ e~ C~~ `~~^, iF t 5. If box 31a a~credit, subtract It from box 4sobtract it from box 4 If boz 3 le a tleblt, add It to box 4 end ( $ DOV enter In box'6. 6. Uae tax schedule on the reverse of this forms to calculate Ne AMOUNT DUE for $ ~~ ~ 5 box 6 and enter In boz 6. 7. PREVIOUS BALANCE 8. FLAT FEE 9. PENALTY • 50% 10. TOTAL DUE I declare, under penalty o/ making a false declaration, that 1 am eufhohzed to make this statement and fo the best o/my knowledge and belie( it is true, correct, and a complete statement, m~e in good (with. ~ Phone ~_ MAIL,EARLYI PENALTY IS CHARGED ON ALL LATE PAYMENTS NO EXCEPTIONSI 7/18/2006. 9:48 am 6. $ 0.00 7 ' $ 8. $ a. $ J ~n „{ .:1 ~ 10. ^ Cash ~ Check-Check No. Checks pay le lo: City of Rancho C mongl Payment is made by: ^ Visa ^ Mastercard Name as it appears on Credit Card: Charge Account No.: EXHIBIT H ~! CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive • Rancho Cucamonga. CA gnsn (sos) an-z7oo M-rH, 7:DO AM to s:oo PM :~- r PAYMENT .~, BUSINESS LICENSE RENEWAL NOTICE IS DUE New Business License Period is: 09101/2007 - 08131/2008 Q9/3Q/ZQQ] PLEASE UPDATE ALL OF THE INFORMATION BELOW -attach additional pages if necessary. BUSINESS TAX CERTIFICATE NO. 036667 I / ` ~ I y O ~ Q L EXPIRATION DATE 0813'112007 ! )1 I 1 n ~ (7 Y Business Name quaxia- o Bus. Phone (909) 980-4252 Business Location 11815 Foothill Bivtl #E Bus. Fax Rancho Cucamonga, CA 91730 Email Address Website Address / ~~ >7 Lt ~a ~-Y / /~ Mailin Addr LAC ~ -~ Start Date 09/01/2000 g ess SIC Cdde 5812001 11815 FOOTHILL BLVD #E Rate Type Retail RANCHO CUCAMONGA CA 91730 Bus. Type oao Ownership ,$ek-proprietvrsFriti Description of Business Mexican Restaurant ° 9usiness Sold State License or State I D No 70307671 Enter Dale of Sale ° auslness Closed . . . Contractor Lic. No. Enter Dare Federal I.D. No. License Type ° ^ContraMOrs" No work !n the,CNy Resale No. 000023759562 Expiration Date o/Rancho Cucamonga at this time Name Felipe De La Piedra Title ~n-r,,,,~,er ~ phone ON FILE Address ON FILE 7y f~'J ~ Cell Phone ON FILE Social'Security No. ON FILE Drivers License No. Name Alma De La Piedra Title ~ Phone Address ON FILE / e Cell Phone _ Social Security No. Driver's Lic - No- Emergency Contact - In case of emergency and I cannot be reached, please call: / ~I~ ~' Name ~~ SE ~ ~~ ~ O ~ ` ~ phone No. Q~ ~,g 1 q~. ~ ~ CJ ~ver's License No. N clptS~ S 3 ~{' • Renewal Message Retail, Wholesale, Miscellaneous PLEASE COMPLETE THE FOLLOWING: Actual Gross Receipts $ '"~,~o \~, Previous Balance $ 0.00 (1) Calculate your tax based on gross receipts using one of the lines below: Business Tax Fee $ ~ O S 5'~ ~ (p) 1. If gross receipts are $0.00 to $25,000 ..:....................... $23.00 Penalty-50% of (2) ~ \\ 2 S'--" (3) 2. If gross receipts are $25 001 to $100 000 TOTAL AMOUNT o E ~ 3 ~ ~ , , - $25,000 = x .0006 = + $23.00 = 4) DUE (1)+(2)+(3) Gross receipts Subtotal Tax Due 3. If gross receipts are $100,001 to $500,000 payment Met~~hod: 77~1 I1//// / p C h C3'Ch k Ch - $100,000 = x 0003 = + $68.00 = Gross receipts Subtot l as ec - eck No.~ (payable to: Cily of Rancho Cucamon / ) a Tax Due ^ Credit Card 4. If gross receipts are over $500,001: ~ ~ ^ Visa ^ MC 11 D - $500,000 = 'tsi~ z .00015 = dJ1• S + 5188.00 = ~~ Gross receipts Subtotal ~ Tax Due Name as it appears on Credit Card: ~! Please enter the number of employees: ~~ I Credit Card No. "In accordance with section 5.04.210 of the Municipal Code. I certify that Expiration Date (MroWVYr)~ / The statement of gross receipts reported here is correct." Billing Zip Code: •-}7 l ~ Cr ~ ~ 2UD'~^~^*'Subject To Audit"""`*` i f V-Code (3 or 4 tligrt code on back of wrd). V Receipt # 4 v0` 6 I Amount Authorized to Charge: $ Signature: I declare, under penalty of perjury, that this renew has be n e a by me and to the best of my knowledge and belief it is a true ~ ~ correct and ~ a complete statement of /acts. / ~ ~\ ~ ) ~ ~ , , L_ -~~~, / 1 1 ~ ' ~a~ f Signature of Owner or Representative: M/~ -J~~6~ 1-~ -T----. - "---, -- °I--- ~j ~ ~ -' -- Date_ ~ 7 ~ ~ (l - - - - -- - - RETURN COMPLETED RENEWA NOTICE TO ABOVE ADDRESS WITH A CHECK PAYABLE TO THE CITY OF RANCHO CUCAMONGA • • ~~ • Printed 7/31 /2007.5 49 pm H A ~46 CITY OF RANCHO CUCAMONGA ~MOx~uM BUSINESS LICENSE CHANGE OF INFORMATION FORM EFFECTIVE DATE: 4C~~ IS ~ c ~-- -~ BUSINESS NAME: ~C L \ ~ ` ~ ~~ v G:z i >~-- BUSINESS LICENSE NUMBER : _ O '7 b C b TYPE OF CHANGE: ~ t3 r~ c_ ;,}~.,~, ~ ~ 1 -~ C_ FRO ~~ ` t ~ C S `~c4 v i ~ G.vZ ~ t~c- TO:~ ~o ~._a~r~.-~-~I~~ zC ~~~ LL ~. S ~~j. ~1J T~.~2T~.a-~v t.~l~.ty ~ uC1UM~tZt.~ "LrJC c~ ~~-3_, PL1NNlNC DEPARTMENT BUSINESS LOCATION • O APPROVED O DENIED SIGNATURE AMOUNT' DUE AMOUNT PAID DATE PAID NEW CERTIFICATE ORDERED YES O NO 0 CHANGE RECORDED DATE RECEIPT p ~f - A&847 CTI'1' OF RANCHO CUCAMONGA MEMORANDUM BUSINESS LICENSE CHANGE OF INFORMATION FORM EFFECTIVE DATE: /~// i/~s ~~~ . BUSINESS NAME: _ ~~~ >.. _. ~~~~. <__ ~ ~/-l yz`~ ~•. BUSINESS LICENSE NUMBER : O 3V VLV TYPE OF CI~ANGE: _ ~~~~1 /I ` (f ~/~~~ j FROM: TO: F ~%~' ~~,ri~-ter C'~~rirr _~ ~~ ~ ~~~ .~ / DATE PAID BUSINF,SS LOCATION - O APPROVED O DENIED SIGNATURE DATE AMOUNT DUE S '/ / AMOUNT PAID NEW CERTIFICATE ORDERED YES O l l /~~ ~ j DATE RECEIPTq /~/ `~ NO O CFIANGE RECORDED DEPAR7MEM • • C J A & B 48 ~ ~ ~ /~~ 5.12.010 • • • Chapter 5.12 REGULATION OF ENTERTAINMENT Sections: 5.12.010 Permit required. 5.12.020 Entertainment defined. 5.12.030 Exclusions. 5.12.040 Application for permit. 5.12.050 Investigation and hearing. 5.12.060 Notice of hearing. 5.12.070 Action at hearing. 5.12.080 Denial of application. 5.12.090 Conditions imposed on permit. 5.12.100 Suspension or revocation of permit. 5.12.110 Fees. 5.12.115 Annual renewal. 5.12.120 Time for filing application. 5.12.130 Security guard required at dances. 5.12.140 Chapter to govern. 5.12.150 Prohibition and penalties. 5.12.160 Civil remedies available. 5.12.010 Permit required. No person or business entity shall operate, con- duct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of enter- tainment, as defined herein, is provided or fur- nished without first obtaining a permit so to do as hereinafter provided for in this chapter: (Ord. 290 § 1 (part), 1986) 5.12.020 Entertainment defined. "Entertainment" means every farm of live enter- tainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act or pertormance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons. (Ord. 290 § 1 (part), 1986) 5.12.030 Exclusions. The provisions of this chapter shall not be deemed to require a permit for the following: A. For the use of a radio or other electronical playback device in any establishment, except when EXHIBIT I A&B49 93 utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith; B. For any entertainment provided for mem- bers and their guests at a private club where ad- mission is not open to the public; C. For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground; D. For entertainment cohducted by or spon- sored by any bona fide club, society or association, organized or incorporated for benevolent, charita- ble, dramatic or literary purposes, having an estab- lished membership, and which holds meetings at regular intervals of not less than once per three- month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association; E. For entertainment provided solely by a pi- ano player or harpist playing music for the amuse- ment of guests or patrons of an establishment; F. For entertainment conducted solely on or at any premises or location which is owned or oper- ated by, or leased by, to or from the United States, state of California, county of San Bernardino, or any agency or subdivision thereof. (Ord. 290 § 1 (part), 1986) 5.12.040 Application for permit. Applicants for entertainment permits shall file a written, signed and verified application with the city manager, or his designee, showing: A. The name and permanent address of appli- cant; B. The name, proposed and current, if any, business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including lim- ited partners; C. A detailed description of the proposed en- tertainment, including type of entertainment, num- ber of persons engaged in the entertainment, and any further information about the entertainment or 5.12.050 entertainers, as the city manager may deem nec- essary; D. The date, hours and location where the en- tertainment is proposed to be conducted, and the admission fee, if any, to be charged; E. The name or names of the person or per- sons responsible for the management or supervi- sion or applicant's business and of any entertain- ment; F. A statement of the nature and character of applicant's business, if any, to be carried on in con- junction with such entertainment, including whether or not alcohol will be served as part of such busi- ness; G. Whether or not the applicant or any person or persons responsible for the management or su- pervision of applicant's business have been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, rf any; H. Whether or not applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency; I. Such other reasonable information as the city manager, or designee, may deem necessary. (Ord. 290 § 1 (part), 1986) 5.12.050 Investigation and hearing. After the application for an entertainment permit has been filed, the city manager shall cause an in- vestigation to be made of such application, and af- ter such investigation has been completed he shall cause the application to be set for hearing before the planning commission and shall notify the appli- cant of the date of such hearing. (Ord. 290 § 1 (part), 1986) 5.12.060 Notice of hearing. After the city manager has set the application for hearing, he shall cause notice of the hearing to be given to all property owners within three hundred feet of the proposed or actual location of the appli- cant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll. Additionally, the city manager shall cause a public notice to be posted at the location where the business or enter- tainment is to be conducted. All notices provided for in this section shall be in the form and manner as prescribed by the city manager. The applicant shall bear all costs and expenses in mailing, printing, and posting such notices and shall pay such costs to the city prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds to deny his appli- cation. (Ord. 290 § 1 (part), 1986) 5.12.070 Action at hearing. At the time and place set for public hearing as to any application, and as may be continued from day to day, the planning commission shall hear and de- termine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including, the nature and location of the proposed entertainment. (Ord. 290 § 1 (part), 1986) 5.12.080 Denial of application. At the conclusion of the hearing before the plan- ning commission, the planning commission shall grant, conditionally grant, or deny the application, which decision shall be final unless appealed in accordance with the provisions of Section 17.02.0806 of the Rancho Cucamonga Municipal Code. Such decision shall be set forth in a resolu- tion which shall be adopted within thirty days after such decision is rendered. The planning commis- sion may deny said application if it shall find and determine any of the following: ' A. The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals or welfare; or B. The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or C. The applicant or any other person associ- ated 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 been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition or pertorm- ance of any obscene show of any kind, or of a felony or of any crime involving moral turpitude, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; or 94 u • A& 650 5.12.090 u • u D. That granting the application would create a public nuisance; or E. That the normal operation of the premises would interfere with the peace and quiet of any sur- rounding residential neighborhood; or F. The applicant has made any false, mislead- ing or fraudulent statement of material fact in the required application. (Ord. 290 § 1 (part), 1986) 5.12.090 Conditions imposed on permit. After the public hearing as to any application, the planning commission in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as it deems appropri- ate. (Ord. 290 § 1 (part), 1986) 5.12.100 Suspension or revocation of permit. A. After notice and hearing, the planning com- mission may suspend or revoke any permit granted pursuant to this chapter if said commission finds and determines that any permittee, his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behalf of, the permit- tee or any entertainer acting under the authority of such permit: 1. Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or 2. Violated any provision of this chapter, or of any statute, ordinance, or condition relating to his permitted activity; or 3. Is convicted of a felony, or any crime involy- ing moral turpitude; or 4. Violated any rules, regulations or conditions adopted by the planning commission or city council relating to the permittee's business or permit; or 5. Conducted a permitted business in a man- ner contrary to the peace, health, safety and gen- eral welfare of the public; or 6. Demonstrated that he/she is unfit to be trusted with the privileges granted by such a permit. B. The decision of the planning commission shall be set forth in a resolution which shall be adopted within thirty days of the date of such deci- sion and shall be final unless appealed in accor- dance with the provisions of Section 17.02.0806 of A & B 51 the Rancho Cucamonga Municipal Code. (Ord. 290 § 1 (Part), 1986) 5.12.110 Fees. The fee for an entertainment permit shall be seventy-five dollars, payable annually on or before January 1st of each and every year. Such permit shall be in addition to any business license fee as may be required by the business license law of the city. However, for the year 1966, the fee for an en- tertainment_permit shall be the sum of forty dollars payable upon submission of an application. (Ord. 290 § 1 (part), 1986) 5.12.115 Annual renewal. The applicant for every renewal of an entertain- ment permit shall submit to the city manager, or his designee, a written statement setting forth such information concerning the applicant's business during the preceding year as may be required by the city manager to enable him to ascertain whether the information listed on their original en- tertainment permit application has changed in the past year. The city manager, or his designee, shall review the information and determine if a modifica- tion to the entertainment permit is warranted. The planning commission shall review any such modifi- cation pursuant to the provisions of this chapter. (Ord. 290A § 1, 1990) 5.12.120 Time for filing application. All persons who will be presently required to file for and obtain an entertainment permit by reason of the provisions of this chapter shall have to and in- cluding November 1, 1986, within which to file their applications for an entertainment permit with the city manager. (Ord. 290 § 1 (part), 1986) 5.12.130 Security guard required at dances. All persons conducting a public dance or any entertainment where dancing by patrons or cus- tomers is permitted, shall have in attendance at the premises for the purpose of supervising the danc- ing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. How- ever, the provisions of this section shall apply only to those establishments or premises where a dance floor or dance area in excess of one hundred fifty square feet is available or designated for dancing 95 5.12.140 by customers or patrons. (Ord. 290 § 1 (part), • 1986) 5.12.140 Chapter to govern. All provisions of this title which are inconsistent with or contrary to the provisions of this chapter are repealed to the extent such provisions are inconsis- tent with or contrary to the provisions of this chap- ter. (Ord. 290 § 1 (part), 1986) 5.12.150 Prohibition and penalties. A. It is unlawful for any person, firm, partner- ship or corporation to violate any provision or to fail to comply with any of the requirements of this chap- ter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1. A fine not exceeding one hundred dollars for a first violation; 2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; 3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance • within one year. B. Each such person, firm, partnership, or cor- poration shall be deemed guilty of a separate of- fense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation and shall be deemed punishable therefor as pro- vided in this chapter. C.' The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 290 § 1 (part), 1986) 5.12.160 Civil remedies available. A violation of any of the provisions of this chap- ter shall constitute a nuisance and may be abated by the city through civil process by means of re- straining order,'preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance. (Ord. 290 § 1 (part), 1986) • 96 A&652 08/15/2008 17:05 3108223512 SSJ LAID LAW OFFICES OF SOLOMON, $ALTSMAN R~ .iAMIESON A Pmtncrship Including Profc~siennl CorpornFen,~ 426 CULVER BOUL~ARD PIAYA DEI. REY, CA 907.93 (310) 822-9848 FAX (310) 822-3512 August 12.2003 V1A U.S. Maii & FACSIMILE - 909-477-2847 Mr. lames Troyer, AICP , Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 PAGE 01/01 AUG 1 S 2008 RECEIVED -PLANNING RE: Ei i,oco Cantina & Grili, 11815 FoothilFRoolevard, Rancho Cucamonga, CA 91730 Conditional Use'Permit DRC2007-00283 Entertainment Permit DRC2,007-00284 Dear Mr. Troyer: 1 understand the only remaining point ofeontention after the City conducted the inspection on or about August i 2, 2008 are rile two hung JBL speakers on the east szde of the building and the light f xtuxe which you beiieve are outside the 150 sq ft entertainment area. As a practical matter, these speakers cannot be moved a few inches within the 150 ft azea because of where the air conditioning ducts are situated. Thus, if it will help to resolve this matter administratively, my clients will simply agree to altogether remove the 2 speakers and light fixture. Pteasc let my off"1ce know if the above measures are satisfactory. 1 will be on vacation for a few days so please contact attorney Julia Sullivan in my absence. Very truly yours, SOT~OMO~SMAN & .iAMIESON ~'" C_.- R. BRUCE EVANS