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HomeMy WebLinkAbout05-51 - Resolutions RESOLUTION NO. 05-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT ENTERTAINMENT AND DANCING FOR MARGARITA BEACH, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT(SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF —APN 1077-621-34. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. On November 13, 1991, the Planning Commission of the City of Rancho Cucamonga adopted their Resolution No. 91-184 approving Entertainment Permit No. 91-03 for Skippers Grill and Bar allowing "entertainment," as defined in Section 5.12.020 of the Rancho Cucamonga Municipal Code, (specifically, small bands or individual musicians)and dancing in conjunction with a restaurant use at the location as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the permit." 3. Skipper's Grill and Bar was approved as a restaurant serving alcoholic beverages, with entertainment occurring indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 4. In 1996, the Entertainment Permit was transferred to a new owner(Mr. Davidson) doing business as Margaritaville. In 2004, the business name was changed to Margarita Beach. 5. At the February 2, 2005, City Council meeting, 13 residents spoke concerning the Margarita Beach business and adverse effects that business has had on their residential neighborhood. Thereafter, the matter was referred to the Planning Commission for a review of the issues presented, as authorized by the City's Development Code. 6. On March 9, 2005, the Planning Commission conducted a duly noticed public hearing to determine whether substantial evidence existed to set a public hearing for a formal review of business operations at Margarita Beach. At the hearing 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Margarita Beach. Testimony included submission of letters, petitions and photographs. Also included in the staff report was a summary of Police calls for service. 7. Based on the testimony presented during the evidentiary hearing, the Planning Commission found that sufficient evidence existed to determine that a public hearing was appropriate andel directed City staff to set a public hearing on the matter. 8. On' the�June 22, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the matter and after taking public testimony on the operation of the business, the Commission continued the public hearing to July 13, 2005. 9. On July 13, 2005,the Planning Commission of the City of Rancho Cucamonga conducted the continued public hearing on the permit and concluded said hearing on that date. 10. All legal prerequisites prior to the adoption of this Resolution have occurred. PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD- MARGARITA BEACH July 13, 2005 Page 2 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 hearings on June 22 and July 13, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Entertainment Permit No. 91-03 applies to the business known as Margarita Beach, located at 9950 Foothill Boulevard, Suites R&S, with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and b. Margarita Beach consists of a 3,440 square foot leased space that includes restaurant facilities and a bar, and dance floor. Pursuant to Conditional Use Permit No. 88-45 and Entertainment Permit No. 91-03, Margarita Beach is permitted to serve alcohol and provide entertainment, and is currently open between the hours of 11:00 a.m. to 2:00 a.m. daily; and C. Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005, the four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub; and d. The findings made by the Planning Commission in their Resolution No. 91-184 granting the Entertainment Permit 91-03, pursuant the standards established by the Rancho Cucamonga Municipal Code Section 5.12.080, indicate that the use"will not be contrary to the public health, safety, morals or welfare" and the "the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner." However, testimony has been received from numerous residents of the surrounding neighborhood describing a variety of adverse impacts associated with Margarita Beach's operation and its customers; and e. On June 30, 2005, staff visited the website of radio station X103.9 and found seven photographs identified as from Margarita Beach. One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of"Specified Anatomical Areas" by the City's Adult Entertainment Business Ordinance; and f. One print advertisement states"XX every Friday night at Margarita Beach"including "$2.00 sex shots all night long." All of the advertising refers readers to"www.ieparty.com"for more details. The aforementioned website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of anotherwoman, and a woman's buttocks being fondled. The acts depicted in these three photographs are included within the definition of"Specific Sexual Activities"set forth in the Adult Entertainment Business Ordinance. A commercial business that provides "a place where two or more persons may congregate, associate, or consort in PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD- MARGARITA BEACH July 13, 2005 Page 3 connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas' is defined as a "Sexual Encounter Establishment" by the Adult Entertainment Ordinance; and g. The Planning Commission Resolution No. 88-242A approving the Conditional Use Permit also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes and; h. Based upon the substantial evidence presented to the Commission during the above-referenced public hearings, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission specifically finds that violations of Condition Nos. 3, 10, and 11 of Planning Commission Resolution No. 91-184 have occurred since adoption of said Resolution. The violations of the respective conditions of approval are as follows: i. The business operation has caused adverse effects on the adjacent residential uses such as regular, extended parking by Margarita Beach customers in front of residences; excessive noise during late nightlearly morning hours; and loitering of patrons within C� adjacent residential neighborhood@ ii. On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the California Labor Code by permitting smoking inside the business. Prior to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. iii. The operation of the business has changed from a restaurant use with incidental entertainment to primarily an entertainment venue with incidental food service, more along the lines of a nightclub, without approved revision to the underlying Conditional Use Permit allowing a restaurant use. 3. The business owner's violation of these conditions and conditions adopted pursuant to Conditional Use Permit No. 88-45, and/or the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood. 4. Based on the violations identified above and in order to insure future compliance with the conditions of Planning Commission Resolution No. 91-184, this Commission hereby modifies Entertainment Permit No.91-03 by adopting the following conditions: 1) This approval is only for entertainment as an ancillary activity related to the primary restaurant use. Entertainment is approved for small bands or individual musicians, and a dance floor area. Any change of intensity or type of entertainment shall require a modification to this permit. 2) The dance floor shall not exceed 150 square feet. 3) The provision of entertainment is limited to between 8:00 p.m. and Midnight, Sunday through Saturday. Any expansion of days and/or hours shall require modification of this permit. 4) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted at any time. 5) All entertainment shall be conducted entirely inside the building. PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD- MARGARITA BEACH July 13, 2005 Page 4 6) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. The rear(north) doors shall be used only for emergencies from 8:00 p.m. to Midnight. 7) No entertainment activity shall create any noise that exceeds an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m., or65dB during the hours of 7:00 a.m. to 10:00 p.m., or that otherwise unreasonably interferes with the peace and quiet of any adjoining property. The business owner shall not permit entertainment on the premises, except as authorized by a valid Entertainment Permit. 8) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit' purposes only. 9) The applicant shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control (ABC), including those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143.3 of Title 4 of the Califomia Code of Regulations). 10) In the event the business owner fails, at any time, to comply with all of the conditions of approval, as amended, or; the operation of the business while entertainment is being provided causes adverse effects generating complaints by nearby property owners, or; the operation of the business while entertainment is being provided generates a significant number of requests for service by the Police Department, then the Entertainment Permit shall be brought before the Planning Commission for review, including possible modification, imposition of additional conditions, and/or revocation of the permit. 11) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements of the Foothill Boulevard District, all applicable City Ordinances, Rancho Cucamonga Fire Protection District ordinances,all conditions contained in Resolution No. 91-184, to the extent not modified herein, and Public Health Codes. The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition of this Resolution. 12) The term of the Entertainment Permit is one year. The business owner shall annually renew this Entertainment Permit per Municipal Code Section 5.12.115. Renewal of said permit shall be based on full compliance with all the conditions of this approval, as modified, and those of the associated Conditional Use Permit for the premises. 13) The maximum number of occupants shall not exceed building and fire codes. Unless revised by a change in or interpretation of any PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 5 applicable statute or regulation, the maximum occupancy for the use is 233 persons and the same shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 14) Uniformed security personnel shall be provided within the parking area at all times during evening business hours (8:00 p.m. to Midnight) to control parking and monitor crowd behavior.A minimum of one member of the security team shall be continually present at all times. When the front parking lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons not to park within the adjacent residential neighborhood. Security personnel shall immediately report any observed criminal activities to the Police Department. 15) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, or other off-site locations. On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot. The number, location and language of said signs shall be reviewed and approved by the City Planner. 16) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions contained in this Resolution. ,Two successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review. 17) The business operator shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the renewal of the Entertainment Permit, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, is not likely to be operated in an illegal, improper or disorderly manner; and C. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD- MARGARITA BEACH July 13, 2005 Page 6 permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and d. That renewal of the Entertainment Permit, as originally conditioned, and as amended to add new or modify conditions imposed by this Resolution, allowing the business to continue to provide entertainment, would not create a public nuisance; and e. That the normal operation of the premises, as originally conditioned anCas the Conditional Use Permit and Entertainment Permit have been amended to add new or modify conditions imposed by this Resolution, will not interfere with the peace and quiet of the surrounding commercial center and adjacent residential uses; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 6. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970,as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION/OFF THE CITY OF RANCHO CUCAMONGA BY: /2- Rich Macias, Chairman ATTEST: Bra a ec eta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: COMMISSIONERS: STEWART ABSENT: COMMISSIONERS: NONE