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HomeMy WebLinkAbout2008/09/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting September 10, 2008 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Mayuko Nakajima, Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Denise Sink, Office Specialist II; Daniel Correa, Assistant Planner ANNOUNCEMENTS 1 No announcements were made at this time. APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Howdyshell, carried 5-0, to approve the Special Meeting Minutes of the Joint Planning Commission and City Council meeting of May 7,2008. Commissioner Munoz commented that the tapes for that meeting proved to be almost unintelligible and he has asked staff to follow up with his request for the City to investigate improving the recording system for the purposes of meeting legal requirements. Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to approve the minutes of August 27, 2008. « « « « « PUBLIC HEARINGS 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 Foothill Boulevard; APN: 0229 p.m.-011-38. Continued from July 9 p.m., 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 p.m.-011-38 Continued from July 9 p.m.,August 13, and August 27, 2008 Daniel Correa, Assistant Planner, presented the staff report. He noted that there are exterior speakers located on the patio of the establishment that were not included in the original review or approvals. He noted that staff is recommending future conditions be applied to the existing approvals that include a prohibiting of charging a cover charge and that the business will provide uniformed security. He added that staff recommends the business operation be brought back to the Commission in 90 days for another review. Commissioner Stewart asked how much the current dance floor/entertainment area exceeds the 150 square foot maximum provided for in the conditions of approval. Mr. Correa stated their current area exceeds the maximum. He said it is approximately 165 square feet and meets the spirit of the Code. Commissioner Wimberly asked if they moved the location of the dance/entertainment area. Mr. Correa replied that it has shifted somewhat from the approved floorplan, but that it is close to the specified area and the location is acceptable to staff. Chairman Fletcher commented that the original Conditional Use Permit was for a restaurant. He asked if staff has visited and inspected the restaurant. He asked if staff believes it is operating as a restaurant. Mr. Correa said he conducted all the inspections and in his opinion, it functions more like a bar and it does not represent a "family" restaurant. Chairman Fletcher opened the public hearing. Bruce Evans,from the Law Offices of Solomon, Saltsman&Jamieson,426 Culver Boulevard, Playa Del Rey, stated he represents the owners, Felipe de la Piedra and Jose Sambolin. He remarked he mostly agrees with the staff report but that there is a fine point of disagreement. He noted that staffs condition prohibits them from checking identification at the door after 9 p.m. and that this is a reckless decision. He said that if they are caught three times for violations of their ABC liquor license, they could lose their license. He suggested no minors be admitted after 9 p.m.to limit their liability. He said that the issue of the speakers on the patio was never brought up. He asked for compromise because many other businesses have outside speakers, such as Starbucks. He said they were removed today and that all they want is ambient noise for the people on the patio. He asked if staff could work with his clients and that he did not see a need for a future public hearing. Commissioner Wimberly expressed concern about checking identification in a restaurant and that if it is a restaurant, and they are having dinner, then I.D.'s should not have to be checked unless the patron has asked for alcohol to be served. Mr. Evans noted an exceptional case where parents bring children in after 9 p.m. during the entertainment. He reported that this is why they would prefer that no unaccompanied minors be Planning Commission Minutes -2- September 10, 2008 allowed after 9 p.m. He said kids produce fake I.D's. He said they should be admitted if they are with their parents or an adult. Commissioner Howdyshell asked when dinner is served. Mr. Evans said it is served the entire time the business is open. Chairman Fletcher commented that he is not aware of a restaurant that would restrict minors at any hour unless the main purpose of the business is to serve alcohol and run a bar. He said there are other restaurants open after 9 p.m. that do not check identification. Mr. Evans reiterated the liability with the ABC and stated the Yard House checks I.D. and excludes minors on weekends and they do not have entertainment. He said their concern is on the nights with entertainment, kids sneak in, they try to get alcohol and then there are problems. He said they are clearly required to be a restaurant, they cannot sell more alcohol than 50% of their food sales and they can not charge a cover charge and never have. Chairman Fletcher commented that he is not specifically familiar with what the Yard House is doing; the expectation is they are a daytime restaurant but with respect to this business he had not heard anything about a lot of alcohol being served here, that he did not understand the concern of letting minors in there if it was being operated as a family restaurant. Mr. Evans said that with entertainment after 9 p.m. and if the City feels this is important, they will work it out but that he did not support unaccompanied minors as it is a potential for problems and if they are not allowed to card them outside, they will card them inside. Chairman Fletcher commented that he would rather see the identification checked inside the building rather than outside. Mr. Evans said it is far easier to control all those coming into the restaurant as they enter. Chairman Fletcher noted they have a hostess station and that perhaps it could be done there. Felipe de la Piedra reported he has been part of the new corporation (Loco Cantina) for the past year. He stood on his past years of participating with the City and the Chamber of Commerce and said that they serve food during all hours the business is open including lunch, dinner, football specials and Sunday brunch and they are trying to make it a nice establishment. Commissioner Stewart said there is a list of violations starting in May through August. She asked why the violations have taken so long to correct. Mr. de la Piedra said it just took longer than normal and new tables and chairs had to be ordered. Mr. Evans said that if he had something from the City in writing of what they were supposed to do early on then they could have been finished several months ago. He said he has a letter from the City dated August 16 that addressed the entertainment area and uniformed security. He said the letter stated if those two issues were addressed then they would be in compliance. He said new issues came up and they were noticed for the public hearing. He said he noted the issues explained by Mr. Troyer in their meeting in March. He added that his clients would rather work with staff. Chairman Fletcher asked about the ownership of the business. Planning Commission Minutes -3- September 10, 2008 Mr. Piedra said that he is part of a corporation headed up by Jose Sambolin. He said he operates the restaurant and he does catering and lunch and dinner from the restaurant. He said Mr. Sambolin is the owner and he (Felipe) is an officer of the corporation. Commissioner Howdyshell remarked that she was on the Commission when Mr. de la Piedra came before the Commission with a request for entertainment and late hours and that the Commission favored it; that part of their decision was based on his good reputation. She commented that the Commission felt he understood that it is a privilege to have a business in Rancho Cucamonga. She said both application requests were approved in 2007 and all of these events have occurred after that. She said she would like to see the items of concern addressed and resolved. Mr. Evans said they have been addressed. He said staff seems to be satisfied with the corrections made. Chairman Fletcher noted that the Commission advises staff and that if the Commission feels staff is going in the wrong direction the Commission can also correct their decision. Commissioner Howdyshell asked staff to give examples of other restaurants that are family oriented, that also offer entertainment and also serve alcohol. She remarked that many young people eat out late but are not "carded". Mr. Evans said if it is more important to the Commission to preserve the right for minors to enter they will not preclude that, but if they are not carded at the door then they can be carded inside the building. Jose Sambolin, El Loco Cantina (owner) said that they added the entertainment for the 20-30's crowd and likened the structure of the operation to that of Wild Wings and TGI Fridays. He said Peppers and the Yard House would check I.D's at night. He said the ABC is most aggressive with issues involving 17-20 year olds and control at the door is easier but with young servers, there is a potential for problems. Chairman Fletcher asked if it is a potential problem because of operating a restaurant or more from selling alcohol. He asked Mr. Sambolin if he owns other businesses. Mr. Sambolin stated it goes hand in hand. He said he owned Margarita Beach in Rancho Cucamonga and currently owns the one in San Bernardino. He said he is a resident here and he met Felipe who was not as successful as he would like in his business and so they joined forces because he (Jose Sambolin) has experience with a late night business and alcohol. He said they learned much from Margarita Beach in that they got rid of the dancing girls and provocative promotions. He said Mr. Troyer expressed concern that he was operating outside of the character of the business but that the requested corrections were not specifically made concrete, they were told staff would either agendize it or consider a review in a year and the issues were left open and then a few months later he got the notice of the hearing. He said there were overall character issues that they did not necessarily agree with. He said there was confusion regarding the entertainment area and he did not understand the speakers could not be outside of that area. Chairman Fletcher commented that the Conditional Use Permit was for a family restaurant and Mr. Sambolin is describing a bar that serves food. He said he does not want staff to repeatedly have to respond to complaints and that he would be more comfortable if they asked for a CUP to operate a bar. He added that this business is not what Mr. de la Piedra represented and instead they are playing around with staff and the Planning Commission; it is something that is not in the purview of the CUP. Planning Commission Minutes -4- September 10, 2008 Mr. Sambolin disagreed. He said he sees the business as a success,that there is a lot of late night activity and that they are pushing food and it is working well. He said at the late hours, alcohol sales are a great revenue tool. He said in his opinion it is not a bar. Mr. Evans took issue with the comment that they have not been down this road before; it is a different business with different hours and a different CUP. He added that staff did a good job and that they do not intend to be nit-picky. Chairman Fletcher said he believed the entertainment would be karaoke, guitar or mariachis for the purpose of entertaining diners which was what was presented to us and that the dance floor is hardly large enough for dancing. Mr. Evans said they are open until 2 a.m. with entertainment and that people do not tend to eat that late. He indicated the character changed with what the Commission approved but know they have to remain a restaurant. He said there is no legal basis to revoke the permits. He said that other than the two conditions, they are in compliance; they have done everything staff has asked them to do even the specific size and shape of the tables and the removal of the patio speakers (today). Chairman Fletcher said this is relevant when the primary purpose was to have a family restaurant; he said it used to be a great family restaurant and now it is a bar with stand up tables and it was misrepresented to the Commission. He noted that the first thing you see when you walk in is the bar. He said the application should have been for a bar and that the problem is with the way they went about it. He said the approval of the late night hours was to help Felipe compete with the other restaurants in town and that this is not how the business and the use was characterized when the entertainment permit and the extended hours requests were presented to the Commission. Mr. de la Piedra reported there are booths in back of the restaurant as well as the patio in the front ' where it is nice for families. He said at Chili's and Applebee's the first thing you see when you go in is a bar. James Troyer, Planning Director commented that he and Mr. Correa met with Mr. de la Piedra and Mr. Sambolin in March. He said they made general statements but that he (Mr. Troyer) was clear about the DJ station and the large JBL speakers and that they were not in compliance with their approvals. He said he asked for the removal of the speakers and lights. He said they do not necessarily that agree that it is operating as a restaurant and they are generally in compliance, but to be a bonfide restaurant is more difficult to prove. He added the kitchen is open with a full menu but upon his inspection, he did not see many diners, but people were at the bar. He said that staff is not saying they are in full compliance with their CUP and Entertainment Permit and they did not prohibit dancing or a DJ but that they need to look at it to see if it is operating as a bonafide restaurant and that is why they want the 90 day review. He said they were clear that the installation of the large speakers and loud music during the day is not conducive to a legitimate dining experience. Chairman Fletcher closed the public hearing. Commissioner Howdyshell observed that the character of the business has changed since the inception of the new partnership. She stated that she supports another review of the business operation in 90 days and to monitor it. She added that the business climate is difficult now and it is harder for small business owners, however, she wants to see the applicant adhere to City policy and be in compliance with their approvals. She said Felipe has a reputation in the community and many people went to his restaurant because of who he is but that it is a privilege to have a business in Rancho. She commented that these problems may likely be due to the new business partnership. Planning Commission Minutes -5- September 10, 2008 Commissioner Wimberly concurred and added that the interpretation of the CUP and Entertainment Permit approvals of last July changed when the ownership changed. He noted that complete compliance, even with the time factor, is still an issue and that he still has concerns. Vice Chairman Munoz commented that he agrees with most of what his fellow Commissioners had to say but that he would reiterate that the CUP permitting process is not automatic, it allows local agencies to review the potential negative effects of the business on neighboring land uses. He noted that the business was not brought under review because of furniture not matching but because of the noted police reports in the staff report. He mentioned reports of a stabbing, attempted murder/assault with a deadly weapon, and the arrest of an individual intoxicated in public. He remarked that the business changed since it was Felipe's, it also affects how our community is perceived throughout the Inland Empire and it is their business and their responsibility as owners to manage it. He noted that it seems they have corrected the items noted but that he supports staffs recommendation to see if they are complying with the spirit of the CUP. He supported a 90 day review. He pointed out that the business must adhere to the conditions of approval or risk revocation of the permits (which is part of the Commission's legal purview. Chairman Fletcher reported that he visited the business. He noted that family restaurants do not usually have bouncers. He reported that he observed an expanded dance floor, and even though the condition for the size of the floor was specific he believes this was a deliberate expansion beyond what was approved. He said he personally heard the business referred to as a night club or sports bar which they are not conditioned for at this location. He asked staff if a permit for a bar could be issued for the business in this area. Mr. Troyer replied that they would have to go through the Conditional Use Permit process to change from a restaurant to a bar. Chairman Fletcher reiterated that the original approval said that no changes could be made in the interior of the restaurant without prior approval. He read from the original CUP that if adverse affects occur from the business operation, the CUP shall be brought before the City Planner for review and possible revocation; nightclub style entertainment is not authorized with this approval. He added that adding entertainment was to give them a little competitive edge and that the Commission even extended the hours from what was initially requested. He commented that the Commission extended their hours to 2 a.m.with the idea of helping out a family style restaurant. He noted that at the time, the Assistant City Attorney, Kevin Ennis, said the business should operate as a restaurant and not a nightclub. He commented that at the time of the earlier approvals, the center prohibited sports bars. He said he noted four television sets and he did not know if that characterized a sports bar or not. He added that when a restaurant operates as a bar it is irritating to go through all this staff and Commission review when it is apparent what the business is. He said staff should look into what problems might be caused if it became a bar. He remarked that the bar tables should be taken out, that it have a "sit down" atmosphere with menus and utensils on the tables and should be a place for families for dinner, and if they want something else they should bring in an application for it. Commissioner Stewart remarked that the issues are clear. She reiterated that staff has asked for the Commission to make a determination. She said she favors a 90 day review and that she wants that to be in concert with a public hearing before the Planning Commission. She said she would like staff to have a discussion with the ABC followed by a staff report about their regulations where minors are or are not allowed in this type of establishment and she asked for clarification of their rules. Motion: Moved by Stewart, seconded by Howdyshell, to accept staffs recommendation for a 90 day review of the business and to schedule a public hearing before the Commission in 90 days. Motion carried by the following vote: Planning Commission Minutes -6- September 10, 2008 AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried i R 1 Ye PUBLIC COMMENTS Ed Dietl of the Historical Preservation Association asked that the old Richfield gas station on Foothill Boulevard (Cucamonga Garage) be considered for historical status; a change from a Point of Interest to a historic landmark for the City of Rancho Cucamonga and the State of California and the National Register. He presented materials related to the old station to the Commission. He commented on its architectural significance, location (Route 66), age, local culture and history. He said the owner of the property(Lamar Advertising)does not object to the designation. He asked for the Commission's consideration for designation per the Municipal Code and presented the secretary a form application for historical landmarks. Chairman Fletcher commented that the information would be given to the staff members that are working on updating the Historic Preservation ordinance. He asked staff to clarify the rules regarding designation requests by non-owners. Mr. Dietl reported that the State does not require the owner to request it and that he need only ask and get permission from the property owner, which he did. He said the owner did not object. Chairman Fletcher said staff would come back with a report. Steven Flower, Assistant City Attorney, said that the Historic Preservation Ordinance is being reviewed and that this process would be folded into that update. Commissioner Howdyshell asked if it should come to the Historic Preservation Commission. James Troyer, Planning Director said that it would be brought back to the Historic Preservation Commission at the next meeting. Luana Hernandez commented that she is part of a group of historical homeowners. She said the group would like to assist the City with any issues of historic homes and they should help each other. Chairman Fletcher thanked her and noted that the Commission does appreciate the help of the public in matters of historic preservation. • COMMISSION BUSINESS None Planning Commission Minutes -7- September 10, 2008 ADJOURNMENT Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to adjourn. The Planning Commission adjourned at 8:15 p.m. Respectfully submitted, James R. Troyer, AICP Secretary Approved: September 24, 2008 I I Planning Commission Minutes -8- September 10, 2008