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