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HomeMy WebLinkAbout1993/06/09 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting June 9, 1993 Chairman McNiel 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 Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Suzanne Chitiea, Larry McNiel, John Melcher (arrived 7:40 p~m.) Peter Tolstoy, Wendy Vallette ABSENT: None COUNCIL MEMBERS: PRESENT: Bill Alexander, Rex Gutierrez STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Bob Corcoran, Deputy Fire Chief; Ralph Crane, Deputy Fire Marshal; Nancy Fong, Senior Planner; Rick Gomez, Community Development Director; Ralph Hanson, Deputy City Attorney; Anthea Hartig, Associate Planner; Steve Hayes, Associate Planner; Joe Henry, Police Lieutenant; Dan James, Senior Civil Engineer; Jack Lam, City Manager; Steve Ross, Assistant Planner; Gail Sanchez, Planning Commission Secretary; Bruce Zeiner, Police Captain , , , , , ANNOUNCEMENTS Brad Buller, City Planner, announced that a Route 30 meeting was set for June 15 at 10:00 a.m. In response to his question, it was determined that Commissioners Tolstoy and Melcher would be attending the meeting. Mr. Buller noted that at the end of tonight's meeting he would like to discuss a proposal for a use at the Thomas Winery complex. A. PRESENTATION OF 1993 AWARDS FOR DESIGN EXCELLENCE Chairman McNiel and Commissioner Chitiea presented the 1993 Awards for Design Excellence. APPROVAL OF"MINUTES Motion: Moved by Tolstoy, seconded by Chitiea, carried 4-0-1 with Melcher absent, to adopt the minutes of the Adjourned Meeting of May 5, 1993, as amended. Motion: Moved by Vallette, seconded by Tolstoy, carried 4-0-1 with Melcher absent, to adopt the minutes of May 12, 1993. Motion: Moved by Chitiea, seconded by McNiel, carried 2-0-1-2 with Melcher absent and Tolstoy and Vallette abstaining, to adopt the minutes of May 26, 1993. Consent Calendar B. TIME EXTENSION FOR TENTATIVE TRACT 14207 - HWANG - A residential subdivision and design review of 28 single family lots on 19.8 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on Wilson Avenue, west of Beryl Street, south of Heritage Park - APN: 1062-051-01. Related files: Variance 91-03 and Tree Removal Permit 91-05. C. TIME EXTENSION FOR VARIANCE 91-03 - HWANG - A request to reduce the minimum corner lot width from 100 feet to 90 feet and the minimum lot area from 20,000 square feet to 14,502 square feet on Lot 28; to reduce the minimum lot depth from 150 feet to 146.19 feet and 145.75 feet on Lots 11 and 14, respectively; and to reduce the minimum average lot size from 22,500 square feet to 22,228 square feet within Tentative Tract 14207, consisting of 28 single family lots on 19.8 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on Wilson Avenue, west of Beryl Street, south of Heritage Park - APN: 1062-051-01. Related files: Variance 91-03 and Tree Removal Permit 91-05. D. TIME EXTENSION FOR CONDITIONAL USE PERMIT 90-20 - ARROYO DE LOS OSOSo LTD. - The development of 17.04 acres for a mixed office/commercial master plan, consisting of 11 office/retail buildings totaling 190,950 square feet with Phase i development consisting of 6 two-story office/retail buildings totaling 113,450 square feet on 3.21 acres of land in the Specialty Commercial District (Subarea 1) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Baker Avenue and Red Hill Country Club Drive - APN: 207-101-13, 16, 24, 25, and 41. Related files: Tentative Parcel Map 13962 and Tree Removal Permit 91-19. E. TIME EXTENSION FOR TENTATIVE PARCEL MAP 13962 - ARROYO DE LOS OSOS, LTD. - A subdivision of 17.04 acres of land into 8 parcels in the Specialty Commercial District (Subarea 1) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Baker Avenue and Red Hill Country Club Drive - APN: 207-101-13, 16, 24, 25, and 41. Related files: Conditional Use Permit 90-20 and Tree Removal Permit 91-19. Planning Commission Minutes -2- June 9, 1993 Motion: Moved by Chitiea, seconded by Tolstoy, to adopt the Consent Calendar. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, VALLETTE NONE MELCHER -carried , , , , Fe STREET NAME CHANGE 92-03 - CITY OF RANCHO CUCAMONGA - A request to change the street names "Mountainview Drive, .... Mountainview Way," and "Mountainview Place" to "Snow Creek Drive, .... Snow Ridge Way," and "Snow View Place," respectively within the Mulberry Place development located at the northwest corner of Vineyard Avenue and Arrow Route. Steve Ross, Assistant Planner, presented the staff report. Chairman McNiel opened the public hearing. Scott Melendrez, 8464 Mountainview Place, Rancho Cucamonga, stated a letter had been sent from the Mulberry Place Homeowner's Association in October. He asked for a chronology of events as to why the street name was not changed sooner. He questioned why their street name was being changed instead of the other Mountainview Drive. He noted that there are apartment buildings but no private residences on the other Mountainview Drive, and he felt apartment dwellers move more frequently so they would not be as affected by the street name change. He asked if the' City would accept claims from residents for the expenses incurred by homeowners to change their street name on such things as checks, stationery, labels, and the records of all their correspondents. Cynthia Peacock, 8855 Mountainview Drive, Rancho Cucamonga, stated she had recently been elected President of the homeowner's association at Mulberry Place. She noted the homeowner's association had recently incurred expenses to comply with fire lane changes which the builder had failed to do and noted that homeowners felt they should not have to incur additional costs for the street name changes. She felt the costs would represent an undue hardship to some of the residents. She noted that one resident had supported the change and stated that most residents preferred to maintain their current street names but supported the new names if a change is to be made. Hearing no further testimony, Chairman McNiel closed the public hearing. Mr. Ross stated that both streets had received approval for the name "Mountainview Drive" in the late 1970s. He said that one street was approved by the County prior to incorporation and the records were spotty, but it appeared approval for the other was given right after the City was incorporated. He reported the Fire District had contacted him with a request that one of the streets be renamed. Me said he had contacted the residents of Mulberry Place and gave them an opportunity to comment. He stated he had received a response noting the cost and inconvenience and he had explained the reasons for the needed change. He affirmed that staff felt the change should be made at Mulberry Place because of the size of the street and reported that Planning Commission Minutes -3- June 9, 1993 Mountainview Drive in Terra Vista is a major street. He also noted that while there are no homes on the other Mountainview Drive, a change would affect approximately 400 apartments and he commented that apartment dwellers are also City residents. Chairman McNiel asked the time frame for the proposed change. Mr. Ross replied that the post office would be notified immediately to change their computers, after which time either address would be acceptable for a two-year period. He felt that should be sufficient time for residents to have used up their supplies of checks, stationery, etc. Commissioner Vallette felt it would be best to affect the fewest number of residents. She felt the change is unfortunate but necessary for safety reasons. Commissioner Chitiea agreed it would be appropriate to change the street names in Mulberry Place. Motion: Moved by Chitiea, seconded by McNiel, to adopt the resolution approving Street Name Change 92-03. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, VALLETTE NONE MELCHER -carried , , , , Chairman McNiel invited Gaylaird Christopher, Wolff/Lang/Christopher Architects, to introduce dignitaries from the Coyote Canyon Schools, who had arrived late to receive their 1993 Design Excellence Award. The Coyote Canyon School Board presented the City with a copy of an award they had received from the Inland Empire Design Institute which also recognized the City Planning Division. , , , , Commissioner Melcher arrived. ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify, suspend, or revoke an entertainment permit granted for 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 contests, promoting sports teams, major sports events through satellite TV, college bowl, and trivia questions contests, in conjunction with a restaurant and bar, located at 10877 Foothill Boulevard - APN: 208-351-75. (Continued from May 12, 1993.) Nancy Fong, Senior Planner, presented the staff report and a copy of an agreement provided by John Mannerino regarding parking at Laurel Aspen. She discussed the plan submitted by Backwaters. She remarked the plan should Planning Commission Minutes -4- June 9, 1993 include specific steps that would be taken by the security guards to prevent loitering in the parking lot, especially for those patrons who have been turned away. She noted that the applicant proposed valet service, but did not indicate if they plan full valet service or merely someone directing cars to specific areas. She stated the police had recently observed cars being parked between the drive aisles. She disclosed that the original approval calls for the applicant to submit any valet parking plans to the City for approval prior to being put in place. Chairman McNiel commented that the item had been continued and the public hearing was still open. John Mannerino, Mannerino & Briguglio, 9333 Base Line Road, Suite 110, Rancho Cucamonga, stated that Backwaters had not been given any guidelines as to how to prepare their plan. He reported that Mr. Bean had met with Deputy Fire Marshal Ralph Crane and then presented what they thought was a very comprehensive plan. He said they did not realize they had to address hypothetical scenarios in the plan, such as what would be done if people would not leave when they are told to do so. He felt such points could easily be addressed and reflected in the plan. He said they have not engaged in valet parking, but they have undertaken a plan allowing them to park each car on the parking lot at Backwaters without blocking any fire lanes by directing the patrons where to park. He did not feel it would be necessary to engage in valet parking, but noted they would make an application to the City prior to doing so. He noted that he had presented a letter of intent, agreed to by Mr. Richards, permitting Backwaters to park on the Laurel Aspen lot with Backwaters providing security and valet parking. He said he did not feel it would be necessary. He said they had made substantial efforts in order to rectify the concerns raised at the previous Planning Commission meeting. He noted that the staff report referred to advertising signs being posted within the City and stated that at the previous meeting concerns had been raised about posting advertising signs only outside of the City. He said Mr. Bean has agreed to stop the posting of illegal signs within the City even though there are at least four other establishments in the City who engage in the same practice. He said he had reported at the last Planning Commission meeting that a liaison had been selected by the Police Department but he noted that the liaison had not been available on Sunday evenings because it is his night off. He said the Police Department has now indicated they will appoint an individual who works on Sunday evenings, as that seems to be the night with the most problems. He asked that Ralph Crane advise his impression of fire and safety matters and his experience with Backwaters. Ralph Crane, Deputy Fire Marshal, noted that the staff report included a memorandum from the Fire Protection District regarding the District's contacts with Backwaters. He said the staff at Backwaters has met the Fire District's requirements with relation to the building and fire protection equipment on site. He said there have been very few occurrences compared to the prior two tenants and other tenants of the same type of occupancy. Brad Buller, City Planner, asked that Mr. Crane indicate the widths and location of the fire lanes. Planning Commission Minutes -5- June 9, 1993 Mr. Crane showed the fire lanes extending along the southern side of the parking lot and north along the drive aisle immediately east of the building. He indicated they are 26 feet wide. He commented they had just been informed yesterday that parking was occurring in a non-standard manner in the other parking aisles. He said he had not had an opportunity to research the files to find out what the original approval called for in terms of fire lanes to determine if any other drive aisles were included. He did not feel any other aisles should be required for access although he thought it may have been required because the distance of the dead end portion is 163 feet, which is 13 feet beyond the 150-foot maximum. He said it is not unusual for the Fire Department to allow a small leeway in the maximum distance. He indicated the drive aisle on the west side of the building is not a fire lane, but they would have to be able to hand-carry hoses through the area. Clotelia Riddell, 6935-B Doheny Place, Rancho Cucamonga, stated she had moved to the area for affordable housing and a more laid-back lifestyle. She noted the community has grown, meaning diversity. She also felt that there has been an influx of elements from distant communities who come to reap crime and havoc before escaping back to their communities. She stated she enjoys diversity in music, but felt Backwaters should perhaps limit some of the types of music and age of their patrons to establish a compromise with the residents and City. She did not feel the Backwaters should lose their entertainment permit or be forced to become a country western club. She asked that any problems be addressed if Backwaters is violating any rules which are contrary to the health and safety of the community. Mr. Mannerino introduced Terry Wood from radio station 92.3 The Beat. Terry Wood, 75270 Selton Street, stated she works with K-KBeat radio station. She said they are one of the top radio stations in the market and are owned by one of the top broadcast groups in the country. She said she heard concerns that because they are a Los Angeles station, they are attracting listeners from other areas. She stated they operate from Santa Barbara to San Diego to San Bernardino and are one of the primary stations in the San Bernardino area. She noted their advertisers include clubs in Los Angeles and Orange County and she did not feel that people from Los Angeles come to Rancho Cucamonga to go to a club because there are so many clubs in the Los Angeles area. She also noted that the main concern appears to be Sunday evening's entertainment and stated that Backwaters has never promoted Sunday evenings on their radio station. She said they are a very respected radio station in the area and like doing business with Backwaters because they have never had any problems with them. She observed they had recently done a remote broadcast from Backwaters and received positive feedback from the residents of the community. Mr. Mannerino introduced Art Bean, General Manager of Backwaters. Art Bean, Backwaters, Backwaters, 10877 Foothill Boulevard, Rancho Cucamonga, stated he had met with Ralph Crane to work out details of crowd control and fire and safety and he felt Mr. Crane was very happy with the way Backwaters is handling business. He stated the program outlines how they operate their business. He thought the plan is clear so far as the positions and what Planning Commission Minutes -6- June 9, 1993 individual jobs entail. He said he had not had an outline of what the City was looking for in the plan and he was confused when he was asked to define a manager and was told that his operating procedure was vague and weak. He felt it is clear that the manager's responsibility is to ensure the safety of the all the patrons, from the time a vehicle pulls into the parking lot until they leave. Me said he employs an outside security firm to secure the parking area and when they have asked people to leave, they have generally left. He felt they handle their business well. He stated there may be times when they will receive last minute notice that big-name stars would like to come and sign autographs and said he would notify the Planning Division and Fire and Police Departments as soon as possible, but they would not be able to give the normal seven-day notice. He said without entertainment, they would be out of business. He asked that the Commission ask any questions where they may feel the plan is vague. Commissioner Vallette noted that signage had been discussed at the previous Planning Commission meeting and she pointed out that signs were posted in the City. Mr. Bean replied they had not posted any posters either in Rancho Cucamonga, Pomona, or Upland after receiving a phone call from each of their Police Departments. Commissioner Vallette noted there had been two reported instances where security personnel employed by Backwaters had failed to appear in court and the cases had to be dismissed. Mr. Bean stated that one of their security officers had received notice to appear in court and that security officer stated he had gone to court. Commissioner Vallette asked about the second instance. Mr. Bean replied that he only knew of one time that any of their security officers was to appear in court. He said there was no reason why any of his security personnel would not go to court and stated it is their policy to press charges if there is a problem requiring police response. Commissioner Vallette stated she preferred to see such a policy spelled out in the plan. Mr. Bean responded that would be acceptable. Commissioner Melcher felt part of the problem may be a matter of communication with people who are not in the entertainment business. He said it is understandable that part of a manager's responsibility is ensuring the safety of patrons but he felt the plan should outline various procedures which the manager would use to ensure such safety. Mr. Bean felt the plan outlines that there is inside and outside security and stated the manager is in constant radio communication with the security supervisors. He said he is currently the closing manager every night because he wants to be sure there are no problems. He said he is linked by radio to the counters and the security personnel both inside and outside. Planning Commission Minutes -7- June 9, 1993 Commissioner Melcher commented that it appeared there is a lot of communication capability built into the plan but he did not see what measures are taken to be sure a patron is not carrying a concealed weapon. Mr. Bean agreed that was not spelled out in the plan and said it had not been included because Mr. Sims had indicated at the last meeting that Backwaters personnel check IDs, run a metal scanner by the patron, and shine a flashlight on the patron. He said they use a female security person to check the women. He said they check for weapons and liquor. Commissioner Vallette noted that the plan did not spell out the club's policy when firearms are found. Mr. Bean responded that the gun would be taken and they are to notify the Police Department. Commissioner Vallette noted there have been a number of shooting incidents and she asked how often weapons have been found. Mr. Bean replied he thought there was only one situation where a gun was found and the security officer confiscated the weapon but returned it at the end of the night. He said that was handled wrong and the security officer had been dismissed and others understood why. Commissioner Vallette stated there were a number of unanswered procedural questions in the plan and she understood staff's frustration in not receiving the plan sooner so that some of those questions could have been asked sooner. Mr. Mannerino introduced Michael Sims, owner, and asked that he address the shooting incident. Michael Sims, owner of Backwaters, 10877 Foothill Boulevard, Rancho Cucamonga, stated that since the last Planning Commission meeting, he had tried to figure out what he can do to please the Planning Commission and Police and Fire Departments. He said he had decided that maybe only a few people want to see him closed down and he wanted to change the City's attitude toward Backwaters. He said he believes in Backwaters and hoped that the Commissioners would be willing to work with Backwaters. He said he had read the paper and noticed that there were acts of shooting and violence elsewhere in the City which are totally unrelated to Backwaters and he was hurt because he felt that Backwaters is being singled out. He affirmed there had been three shooting incidents since starting the rhythm and blues night. He said one of the incidents took place at the medical center and in talking to ten different witnesses there would be ten different stories. He felt the Police Department's memorandum makes Backwaters sound like a gangland, but he thought it was not a realistic picture. He said someone was denied entrance to Backwaters, went to the medical center located about a block away, and fired two shots in the air. He said the security guards have told him they were not fired upon and the guy merely shot in the air when he was angered by not being allowed in the club and he then waited for the Police arrival. He said another shooting was at Spires restaurant and he questioned why everyone is concerned about Spires and not about Backwaters. He noted that people going Planning Commission Minutes -8- June 9, 1993 to Spires at 2 or 3 a.m. have been out having fun at parties, clubs, or friends' homes. He did not feel Backwaters people are causing problems at Spires and if Spires is open that late they must like the business they are getting. He said that according to the Police Department, two women left Backwaters and said they were shot at en route to Spires. He stated the shooters had never been caught and he questioned why that incident was tied to Backwaters because the shooters had never been in Backwaters. He reported the final shooting involved two people who pulled into the parking lot, hit each others' cars, flashed signs, and then shot at each other. He said they were never in Backwaters. He stated the incidents were all isolated and he abhors that it happened, but violence does occur. He said being a night club, things will happen, but that is the exception, not the rule. He said nothing has happened at Backwaters during the last month, other than the shooting. He said Captain Zeiner had told him that although there have been no other occurrences, the Police are concerned about the potential for violence. He stated that Captain Zeiner had admitted that inside the club there may be no problems. He expressed a willingness to work with the Police Department to prevent outside problems. He commented that most of the 18 incidents listed in the Police memorandum are for misdemeanor or light offenses. He said they have never had a fight at Backwaters that has lasted more than 10 seconds. He said that none of the three shootings occurred inside of Backwaters and did not involve people who had been inside the club. Commissioner Vallette stated she had reviewed the paperwork from when the original entertainment permit was issued and at that time Mr. Dennis, Backwaters' General Manager, had stated that the majority of the problems experienced in the past had been the result of overcrowding and fights because of the age level the entertainment attracted and that he wished to raise the age level of the patrons. She was concerned that most of the problems seem to be connected with the club's 18-and-over night. She commented that when the Commission originally approved the entertainment permit, they had been assured that age levels would be addressed. She asked if Mr. Sims had plans to address the problem in the future. Mr. Sims said the Fire District has been there many nights and has found that they are within code. He acknowledged there had been an overcrowding incident shortly after they opened, at which time there were 16 people too many. He said they have since hired more security and done things differently, such as cutting down on advertising for holiday weekends. He invited the Commissioners to visit Backwaters. He said that at his last meeting with Captain Zeiner, he had asked that the Police work with him for a few weeks regarding Sunday evening's 18-and-over policy to see if he could make it work. He said he had told Captain Zeiner he would cancel the policy if the Police did not feel there was any improvement. He did not think there had been any problems during the last two weeks. He asked that the Commission allow him to run his business. Commissioner Tolstoy asked if meals are being served at the restaurant. Mr. Sims said they had recently closed for remodeling. He indicated they were trying to determine what would work because they had lost business due to the adverse publicity they had received. He said he had many letters of support Planning Commission Minutes -9- June 9, 1993 from residents of Rancho Cucamonga. He stated they are now opening the restaurant at night to serve breakfast to try to keep the patrons from going to Spires so that Spires would not complain. He said they plan to open the restaurant in a couple of a weeks as a fine dining steak house serving steak, ribs, and chicken. Commissioner Melcher asked if Mr. Sims had gotten the sense that the Police Department would work with him for a few weeks. Mr. Sims replied that every time he has met with Captain Zeiner he has felt there was a common ground. Me hoped that Chief Zeiner would confirm they were willing to work together. Commissioner Melcher noted there had been some comments regarding the lack of adequacy of the operational plan and he asked if Backwaters was willing to expand upon the plan if it were possible to work with staff. Mr. Sims replied that he is willing to go as far as requested and would be willing to do anything possible to stay in business. He said they have called the City and Fire and Police Departments to see how they are doing. He wanted to work it out. He asked for input on the plan. He felt they have constantly submitted things and been criticized. He remarked they had been trying to get a sign out front and, although he has worked through three sign companies, he has been unable to get one. He felt he is a good businessman and runs a clean club. Mr. Mannerino reiterated that they are willing to refine the plans upon input from the City. He acknowledged that the plan was not submitted until June 2, but stated they had been meeting with Ralph Crane. He said he had the sense that the Police Department would work with them. He said at the last meeting they had with Captain Zeiner and Lieutenant Henry, Captain Zeiner had told them about a circumstance he found unacceptable on the Memorial Day weekend. He said no one had come into the restaurant to tell them they found anything unacceptable in the parking lot and that showed there is still a communication problem. He said he had no doubt that if Captain Zeiner indicates there is a law enforcement problem because of Backwaters' non-cooperation, that the Commission would pull the entertainment permit. He said at the same meeting, Lieutenant Henry indicated there had been no problems last Sunday evening with a near-capacity crowd. He noted that Sunday evenings seems to be the focus and he felt Sunday could be made acceptable with an 18-and-over policy. He recalled that when he was 18, there were no places to go and he felt they could demonstrate that it will work. He said Captain Zeiner had indicated that if Backwaters will take care of the people on the property, the Police would handle the people off the property. He felt there had been some legitimate criticisms of Backwaters' management during the 18 months they have been open, but that Backwaters had rectified a lot of the problems. He requested that the Commission allow Backwaters to refine their plan and retain the 18 and over night. Me said that if the Commission feels it is necessary to limit the entertainment permit, that they merely ask that Backwaters eliminate the 18 and over night. Planning Commission Minutes -10- June 9, 1993 Commissioner Vallette felt the burden to decide whether to rescind the entertainment permit does not lie with Captain Zeiner; however, he is responsible for reporting the facts. Mr. Mannerino said he understood, but he felt the Commission would ask him for a recommendation and that recommendation would weigh heavily on the Commission's judgment. Robert Hammond, 191 Browning, Upland, stated he was appearing as a patron and a friend of the owners. He reminded the Commission that he had spoken at the last meeting. He said that at the last meeting no restrictions had been placed on Backwaters regarding advertising within Rancho Cucamonga. He said they should obviously not be posting illegal posters, but they had only been asked not to advertise out of the county. He commented that details of how patrons are searched had been explained at the last meeting. He felt the City does not want the club in the City limits and that is why restrictions have been placed on the club. He said the City has been trying to drive the club away by restricting parking everywhere they have parked. He stated that when the club first opened they had permission from the adjoining property owner to park on the dirt field behind the club but that permission was very quickly withdrawn, after which time patrons parked on unposted streets which quickly became posted even though there are no businesses or buildings on those streets. He said that cars which park by the abandoned buildings behind the club are being ticketed even though the area is not posted. He said at one time the club had permission to park at the hotel, but within a short time that permission was withdrawn. He said that as each parking area has been made unavailable, Backwaters has done the best they could to accommodate the City. He felt that Backwaters is doing a good job because from November 1992 to April 1993 there were only 27 incidents at Backwaters requiring Police response and 18 of those incidents involved breaking into cars, pilferage, or vagrant activities. He said he had only been able to determine one incident where anyone was arrested and charged and that was the incident where the security guard failed to show up at court. He said there had been only two instances where Backwaters has called and asked for Police help. He stated they have handled their own security and the other incidents were merely from a Police Officer driving by or stopping in. He felt there are attempts to make Backwaters look bad when they are probably doing the best job of any night club in Rancho Cucamonga and probably any club in the valley. He commented that the Fire Department has given Backwaters a clean bill of health except for the one time there were 16 too many patrons. He said they had a very clean record from the time they opened until November 1992 when there was a shooting at Spires and suddenly the City decided Backwaters should be eliminated. He said things have eased up since the last Planning Commission meeting with no problems occurring. He felt no one tries harder than Backwaters to fit into the City. He thought the problems encountered could easily have been solved in meetings rather than holding a hearing. He affirmed that Sunday evening is a busy night for Backwaters because there is nothing else for teenagers to do in the City. He said for the most part, the teenagers have behaved very well. He commented that in the 18 months Backwaters has been open, there have been only two driving under the influence citations issued that could be related to Backwaters and he thought that was a remarkable record. He felt Backwaters does a good job of policing their Planning Commission Minutes -11- June 9, 1993 facility and protecting their patrons. He thought it is better to have the teenagers at Backwaters being supervised than to have them out milling around the City. Katrice Williams, 16153 Merrill Avenue, Fontana, stated that as an Afro- American citizen she was disappointed and outraged at the events which have taken place over the last few months. She said it is apparent that the City and its agencies are subtly distorting facts to provoke a desired effect. She said you can raise a child to be as great as the mind can imagine and that child can make great contributions to mankind but if the child is raised as a racist, the parent has failed. She said that if the City leaders raise a racist City, they have failed and done an injustice to society. She commented that over a year ago the City of Los Angeles burned because City planners, mayors, and other leaders failed to correct an unjust situation. She said that every city in the country deserves to burn until somebody stands up for what is right. She did not think it would be right to close Backwaters, put people out of work, and take entertainment away from the community based on any reason other than it is legitimately unsafe or negligent. She asked that the City instead work with Backwaters. She said the months she has been at Backwaters have been more valuable than her college degree because she has learned a lot about business. She thought it was unfair to close down Backwaters because of the clientele that they bring to a lily-white city. She felt the Commissioners could not make a fair decision without visiting the premises. Steve Josee, 5919 Cedar Mountain Drive, Rancho Cucamonga, stated he had moved to the area five years ago because he was impressed with Rancho Cucamonga, particularly the design requirements as he is an architect. He said he has seen changes and recent newspaper articles have caused him to be more concerned about safety in the community. He felt consideration needs to be given to the safety of residents, continued economic strength, and growth of the neighborhoods. He felt the Commission needs to determine if Backwaters has a positive or a negative effect on the community. He said he is the architect of the Rancho Cucamonga Medical Center and they have had severe problems following major events at Backwaters, including having all types of liquor bottles, used condome and underwear, and other items left in their parking lot, costing them considerable money to have the debris cleaned up. He said that is also where one of the pistols was found which had been used in one of the incidents. He felt that if the establishment is causing problems for the community, it should be addressed. He said he hoped there were no pressures because of racism, but he felt if there are negative consequences from a business, perhaps limitations could be placed on the events that can take place. He said he had been at the restaurant and felt the food was adequate, well served, and reasonably priced. He said he had gone by in the evenings and seen the horrendous crowds and the police cars sitting at Rancho Cucamonga Medical Center observing what is going on. He thought that is a good idea for safety purposes but he was concerned that it may be taking Police from other areas of the City, and he felt the taxpayers should not have to pay to have Police sit there so there will not be problems. He said he wanted Backwaters to be the best it can be but he did not want to see anything degrade the community. Planning Commission Minutes -12- June 9, 1993 Keisha Manns, 9929 La Vine Street, Rancho Cucamonga, stated she has been a resident of the area for 20 years. She said she had heard there is a group that is trying to stop businesses from moving out of Rancho Cucamonga to other areas. She stated that after hearing about the problems Backwaters is having, she wondered if businesses are not moving out of the City because of the Planning Commission. She thought that advertising is essential for every business to survive. She stated she had seen advertising posters on telephone poles for Sam's Club and Peppers and she did not see why Backwaters cannot have the same type of advertising. She said there is no profanity or anything that would incite violence in the advertising posters. She recalled that the same type of advertising had been used when she was growing up to sell new home developments and she felt that had been permitted because it was used to build up a stronger community tax base. She felt that Backwaters was also providing a tax base for Rancho Cucamonga and the City should be happy there is a business which wants to stay in Rancho Cucamonga. She said there had been a comment in a recent newspaper article that the main problem the Police Department has had is with the type of people that are attracted. She asked what type of people were referred to. She commented she has only seen well mannered, respectable people there and she had not seen any Crips or Bloods step inside the establishment. She said it had been stated at the last meeting that the Police are worried about the potential of a problem within the club but asked if the Police are also concerned about the potential of violence emanating from Peppers. She felt that people go to Peppers only to drink whereas most people go to Backwaters to listen to the music and dance. She said the African-American culture does not socialize around beer as is the case with other cultures. She said generally there are no Police around Peppers, like there are hanging around Backwaters looking for trouble. She felt the clients of Peppers are just as likely to be drunk or carry a concealed weapon. She noted that no one checks patrons at either Peppers or Sam's Club to be sure there are no concealed weapons. She felt if the City is concerned about concealed weapons, then a policy should be instituted in all drinking establishments. She said she had recently gone to Sam's Club and there were four men who were drunk and started fighting and no cops came. She said when she goes to Backwaters she normally arrives at 11:00 p.m. and the Police are already there ticketing people. She thought if the Police are worried about the potential for violence at clubs, there should be Police at Sam's and Peppers more than at Backwaters because Backwaters is located by fields and empty office spaces while Sam's and Peppers are located near residences. She noted that staff had asked Backwaters what steps would be taken to be sure that patrons would not drive around and come back and she asked if staff was also concerned about people driving around Peppers. She asked why staff would be concerned and felt people have the right to drive around as much as they want. She noted that some people call the club "Blackwaters" and she questioned if that was the problem for the City. She said she preferred to think that the Commission is better than that. She felt Backwaters is being singled out. Keibrick Manns, 9929 La Vine Street, Rancho Cucamonga, stated he had lived in the area before it became a City. He asked that the City stop what they are doing to Backwaters. He suggested the signs behind Backwaters be changed to prohibit parking between 9:00 a.m. and 5:00 p.m. only, which would allow Backwaters' patrons to park on the street at night. Planning Commission Minutes -13- June 9, 1993 Overy Powers, 1279 Via Contreas, Moreno Valley, stated he had graduated from Alta Loma High School and attended Chaffey and Claremont Colleges. He said he works at Backwaters and he sees a lot of security people standing around waiting for something to happen because nothing is happening. He noted someone said they had seen beer bottles, condoms, and underwear at the medical center, but he felt that was only speculation because the Backwaters' people had not seen any pictures of it and they do not have litter in the Backwaters' parking lot. He stated the club is one of the best he has been to and it is run with very tight security. He felt the Sims are breaking their backs to keep their business and if the entertainment permit were to be pulled, it would shut them down. He asked if anyone had been found guilty of doing anything wrong other than the one incident when someone shot in the air because they were not allowed in the club. He said it is one of the best atmospheres for entertainment. Joe Turner, 9601 Hidden Farm, Rancho Cucamonga, stated he is the doorman at Backwaters. He stated his job entails letting the Police know what is going on and making sure everyone is checked for their identification and weapons. He reported he had seen the three incidents that had been discussed. He said he had turned away the person who left and shot in the air because he did not like the way the man was dressed and the security personnel had escorted him off the property. He felt such an incident could happen anywhere. He said he had never seen anyone come up to the door with a gun or alcohol because the patrons know they will not be able to enter with such items. He said after telling people they cannot enter, some of those people have lingered or returned to the club at closing time and he he has pointed out those people to the Police and informed them that those people had been refused entrance and had asked the Police to tell them not to return. He said the Police have talked to people and those who have been stopped or arrested have not returned to Backwaters. He hoped that communications could be improved between Backwaters and the City and he was sure Backwaters would do whatever is necessary to stay in business. Mr. Manns said he has a good understanding of local government because a few of his closest friends are City Planners. He asked that the Commission make sure that Backwaters is in compliance and then leave them alone unless there is truly a threat to public safety. Hearing no further testimony, Chairman McNiel closed the public hearing. He asked that Captain Zeiner respond to the public testimony. Bruce Zeiner, Police Captain, referred the Commission to the May 24, 1993, follow.up report prepared by Lieutenant Henry. He said that in reference to comments made by several people, the Police have never had a major concern with how Backwaters runs the inside of their business and are in fact rather pleased with the way they run the inside. He said the issue has been the kind of people that are attracted. He noted that the spokesman for the radio station had stated that people from the Los Angeles area do not come out here to go to clubs; however, he said the Police had provided copies of citations issued to people from Irvine, Inglewood, San Juan Capistrano, Hawthorne, and Pomona. He stated they have also arrested or taken crime reports from Feople from Duarte, Los Angeles, Pasadena, and Covina. He said he had personally Planning Commission Minutes -14- June 9, 1993 spoken to people in the parking lot who said they came from Downey and Los Angeles because there is not as much shooting or violence here as where they come from. He noted mention had been made about violence in general but he observed that Backwaters has had multiple occurrences at the same location, whereas the other incidents mentioned had been spread out in area. He said Police presence would be increased at other locations if common occurrences of violence were experienced. He commented that as recently as Sunday, May 23, there had been an abundance of people appearing to be in the 18 to 20 year age group parking in the area but unable to get into the restaurant. He said he had spoken to the security guard on that evening and the security guard had acknowledged there were too many people in the parking lot but said he did not have the manpower to do anything about it. He noted that Mr. Bean had complained that the Police had not contacted him on that evening, but it was his understanding that the security guards are in contact with the management. He said that while he was there, they observed people moving the cones blocking cars from the parking lot and driving in as well as a fight by two people in front of the building. He said they had addressed those problems in a subsequent meeting with Backwaters and he understood that this past Sunday evening there had been no problems. He said there had been comments about drinking and driving and comments about under-age drinking. He noted it is difficult to prove where people have been drinking but he said there have been several incidents of people under 21 who were pulled over for driving while intoxicated or involved in accidents who claimed they were drinking at Backwaters. He stated he would prefer not having 18 to 20 year olds in a bar serving alcohol because even if they are not being served, it would take an inordinate amount of security guards with 500 patrons to be sure that minors are not drinking. He said he would like to see their business work. He felt the issue is not that the business is poorly run, but rather the impact on the rest of the City. He said he was concerned that an inordinate amount of Police Officers, in their opinion, need to be present in the area for parking and potential violence problems. He stated that Bloods and Crips gang members are attracted to the location even if they are not permitted inside. He reiterated that the staff of Backwaters have been amenable to suggestions; however, he felt the problems may continue if the 18 and over policy is not changed. He thought that if the number of people attracted is reduced, it would help. He noted that once the club reaches capacity, there are generally 18 to 20 year olds who have been drawn to the area and have no place to go. He said he was somewhat concerned that a patron of Backwaters would make a statement that cities who don't do things they agree with deserve to burn and he would direct his staff to take any steps necessary to see that that does not occur. Commissioner Melcher questioned if the type of entertainment advertised draws not only Bloods and Crips but also a majority of people who are not gang members. Captain Zeiner stated the majority of patrons do not appear to be. gang members of any kind, but he stated the Police have identified Bloods and Crips because they have either spoken with them or arrested them. Chairman McNiel asked if Ms. Fong would respond to the public testimony. Planning Commission Minutes -15- June 9, 1993 Ms. Fong acknowledged that she is not experienced in running a night club and there had been some confusion with the plan. She stated she had reviewed the plan submitted to be certain it addressed all of the concerns of the Commission, particularly in the area of public safety; and after reviewing the plan, she felt it was vague in some areas. She said she had posed some questions to Mr. Bean to see if he could give some answers. She stated one of staff's goals is to maintain open communication with applicants and she had posed the questions to Mr. Bean because she did not feel the plan adequately addressed the safety issue. She said she had asked Mr. Bean what steps would be taken to try to discourage a would-be patron who had been turned away from parking elsewhere and walking to the night club. She indicated she was just trying to understand how they operate. She thought Mr. Bean or Mr. Sims should have contacted staff if they had questions as to how to formulate the plan to address the seven points which had been raised at the previous meeting. She said it was unfortunate that the plan had not been submitted until late on Wednesday June 2, not permitting staff time to review the plan with the Police and Fire officials prior to assembling the agenda on Thursday. She reported that staff had approved a sign concept for Backwaters but she did not think Backwaters had pursued the matter to get building permits to build the sign. Mr. Buller noted that comments had been made about the business retention group and he said it is an ongoing effort of the Planning Division and a subcommittee of the City Council has been formed to focus on businesses and business retention in the area. He stated that, with regard to the comments about real estate signs, the City has always tried to control the illegal posting of signs throughout the City streets and that the City has made great strides within the last 6 to 7 years in removing tacked-on illegal signs within the public right of way. He acknowledged that it is still being done by the clubs mentioned this evening, and said that unfortunately the staff has been reduced and cannot keep up. He said upon talking with Backwaters representatives, they have made what he felt were sincere commitments to not let it happen in either Rancho Cucamonga or neighboring cities. He stated he had tried to make it clear that the City's goal is for compliance with all the conditions of approval for the entertainment permit. He recalled two instances in which staff had to remind Backwaters that certain conditions were in place. He said one had to do with using a dance floor before receiving proper approvals from the Fire District and the other had to do with double parking prior to finding out if fire lanes were blocked. He hoped that Backwaters would approach City staff in the future to see how problems can be solved. He said at his first meeting with Mr. Sims he had indicated that the biggest planning issue is parking and he had asked that a plan be established to address that concern. Commissioner Vallette asked if the frisking policy at Backwaters was at the City's request. Mr. Buller responded that it is a self-imposed policy of Backwaters. Chairman McNiel noted that there had been a comment about the 27 incidents requiring Police response between November of 1992 and April 1993 and it had been implied that should be acceptable. He did not feel the City should find Planning Commission Minutes -16- June 9, 1993 that acceptable or assume a "boys-will-be-boys" mentality because there should not be a tolerance for such incidents. He stated there had been a comment about business moving out of Rancho Cucamonga and he noted that companies move into and out of areas regularly for various reasons. He acknowledged that there have been signs posted on telephone poles by both Sam's and Peppers but said the City is doing everything it can to stop that as well. He also noted there had been another night club where the City held similar meetings to the one being held tonight in an attempt to have the club address problems which it was creating for the surrounding community. He said the club was slow in responding and the permit was ultimately pulled because of the problems. He stated he had just returned from Sacramento, where he had attended meetings at which the governor was present to discuss the state budget and the potential effects on cities and counties. He commented that the City stands to lose between $800,000 and $8,000,000 which would affect the Police Department, Fire Department, and all other services. He reported the City has been cutting its staff over the last three years. He feared that in some instances the Police Department is being required to provide an inordinate amount of service by almost placing a Police Officer on site at a time when the money for such services will potentially be cut. He said there had been some commentary about potential for violence with respect to Peppers and Sam's Place. He observed that the Police Department responds to need and the frequency of calls to Peppers and Sam's has been considerably less than to Backwaters. He noted a comment had been made about the establishment being called "Blackwaters" and said that was the first he had ever heard that term. He felt the term was offensive and unacceptable. He said the Commission was being asked to made a judgment on whether the business should continue under its current entertainment permit. He felt the Commission must determine if the positives outweigh the negatives. He thought there had been communications between the City and Backwaters for a fair amount of time and it appeared that when the City had asked for a number of things the response had been slow. Commissioner Melcher stated that perhaps Backwaters was a little derelict about getting the plan submitted, but he had heard Backwaters express a willingness to continue exploring the question and he had heard Captain Zeiner state that he hopes Backwaters succeeds. He questioned if the plan should not be referred back to staff to develop it further with Backwaters and returned to the Commission when it is ready or when staff feels there is no further hope of compromise. Chairman McNiel noted that on May 12 Mr. Mannerino had requested a continuance of four weeks to prepare and said he had only recently been hired to represent Backwaters. He observed that a member of City Council said Mr. Mannerino had contacted him more than a month before the May meeting to discuss the situation. He thought there had been more than adequate time to prepare and he felt there had been reluctance to comply until the matter was brought before the Commission. He questioned how long the Commission should postpone action. He thought the Commission should now accept staff's recommendation or reaffirm the conditions of the entertainment permit and if Backwaters does not comply, the entertainment permit should be rescinded. He felt the previous continuance was fair but questioned if the matter should be further deferred. Planning Commission Minutes -17- June 9, 1993 Mr. Mannerino asked if he could readdress the Commission. Chairman McNiel reopened the public hearing. Mr. Mannerino stated that the first continuance on the matter was at the Commission's request and after that he had requested a continuance because he had recently been retained and the seven-point plan had been prepared in three weeks. Chairman McNiel again closed the public hearing. Commissioner Tolstoy stated he had reviewed the minutes of the original Planning Commission meeting when the entertainment permit was approved. He said that the Commission approved the permit after hearing Duane Dennis, the manager at that time, express a desire to provide an upscale dining atmosphere. He said Mr. Dennis had stated he thought a majority of the problems experienced by the former owners were probably due to the age level of the patrons. He reported Mr. Dennis had indicated the new owner wanted to provide an atmosphere more conducive to an older clientele and would select entertainment accordingly. He stated the Commission had granted the entertainment permit based on those indications. He acknowledged that perhaps the upscale dining did not work and the 18-and-over night brings in more patrons, but he thought the conditions have changed and the current permit is no longer valid because of those changed conditions. He felt the expectation of City residents is for a safe community and he thought the operation has drawn people into the community that have caused a situation where the Police Department has had to spend a lot of time because of incidences which have occurred. He acknowledged the problems have not occurred inside the club, but outside, but he felt the problems must be corrected. He thought the Commission should either revoke the permit and allow Backwaters to apply for a new entertainment permit with conditions which the Commissioners feel will alleviate some of the problems or the City should work with Backwaters to modify the current permit. Me felt Backwaters has been slow to respond to the problems and he felt things should have been worked out sooner. He thought there may have been a lack of communication between Backwaters and the City. He remarked that Backwaters had now come out and made a commendable response but he questioned why there had not been an earlier response. Commissioner Chitiea felt that public safety and welfare is the number one concern as well as making sure that taxpayers in the community are not unduly burdened with looking after any one business. She said the business had originally been proposed as a restaurant that would offer entertainment and she noted the business is no longer functioning specifically as a restaurant but instead has evolved into a night club. She said she understood that most of the problems are occurring on Sunday evenings. She thought perhaps the existing permit could be modified to eliminate the under 21 age limit and condition the restaurant to be reopened. She suggested a trial three to six month period to find out if that would result in a significant drop in Police activity. She did not think the community can afford to expend the money necessary to police an establishment that attracts the element that is causing the problems. She said the trial period would give Backwaters an opportunity to show they can meet very specific standards, but if the problems continued, Planning Commission Minutes -18- June 9, 1993 she felt the Commission owes it to the residents of the community to remove the problem. Commissioner Vallette affirmed that when Mr. Dennis, the original manager, spoke to the Planning Commission he presented the business to be primarily a restaurant establishment with entertainment as a secondary use and stated he wanted to make sure that the types of incidents which had happened with previous owners would not occur again. She felt that was not the case and the Commission had grounds to revoke the entertainment permit. She thought health and safety and the drain on City services are major issues. She acknowledged that to revoke the permit would be difficult inasmuch as the public testimony was for the most part in favor of retaining the business. She thought perhaps Commissioner Chitiea's suggestion would be beneficial. Commissioner Melcher suggested a finding that the Sunday night entertainment is not consistent with the entertainment permit and must cease until the entertainment permit is revised. Commissioner Chitiea suggested that entertainment might then be moved to another night of the week. She said there was some questions as to whether the problem is the entertainment or the age of the crowd. She supported eliminating one or the other to determine which is the problem. Commissioner Vallette suggested setting up a subcommittee to work with staff and the applicant in addressing the issues. Mr. Buller noted that several proposals had been presented by the Commission. He suggested the Commission may wish to receive input from the applicant regarding the potential for temporary suspension of the entertainment permit for a specific entertainment or a temporary restriction on the minimum age limit. He thought the applicant realized the Commission may take more serious action and he thought perhaps the applicant would prefer an interim step to give them a chance to work with staff and other City agencies. Chairman McNiel reopened the public hearing to request comment from the applicant. Mr. Mannerino requested a few minutes to talk with his client. The Planning Commission recessed from 10:23 p.m. to 10:30 p.m. Mr. Mannerino stated he had spoken to Mr. Bullet during the recess, and he suggested one of two proposals. He requested that they be permitted to operate for eight weeks under the existing permit to allow them to demonstrate that they could successfully handle 18 and over Sunday evenings with a review scheduled at the end of the eight-week period. He thought they could work with staff and a subcommittee during that period to further clarify the plan. He requested an alternative of allowing them a two-week period to advise the 18 to 20 year olds that their policy was switching over to a minimum age of 21 and then have the applicant work with staff and the subcommittee during the following eight weeks to conceive a plan that would be Planning Commission Minutes -19- June 9, 1993 acceptable for returning to the 18-and-older format. He said they would obviously like the opportunity to demonstrate they can operate the Sunday evening entertainment for 18 and over without any undue Police burden or public safety hazard. Commissioner Chitlea asked if the applicant was willing to consider eliminating the 18 to 20 year old group for a three-month period. Mr. Mannerino said if the restriction is imposed, they would have to live with it. He thought three months is a long time and he felt two months would be sufficient. Chairman McNiel felt the main problem is the 18 to 20 year olds. Mr. Mannerino remarked that it was also the most profitable night because those under 21 have no other places to go. Chairman McNiel did not feel it was reasonable to expect the community to be placed in jeopardy just because it is profitable. Mr. Mannerino suggested they be given two weeks to allow them to advise the patrons of the change in policy to a minimum age of 21, let them operate for two months, and then return to the Commission. Chairman McNiel again closed the public hearing. Commissioner Chitlea stated she had felt there was a strong possibility that the permit might be revoked this evening and when she had suggested that the minimum age be changed, her thought was that it may eliminate the problem and the burden on the community and the permit might then be continued permanently under those circumstances. She said it was not her intent to form subcommittees and take a lot of additional staff time to keep looking at it. She asked if it would be necessary to revise the entertainment permit in order to restrict entertainment to age 21 or over. Mr. Bullet responded that if the hearing were to be continued for three months, the Planning Commission could establish an interim condition of restricting entertainment to 21 and up by minute action. He questioned if the Commission wanted the entertainment restricted all evening or only after a certain hour. Commissioner Chitlea felt that further enforcement problems would be caused if 18 to 20 year olds were restricted only after a certain hour. Commissioner Vallette agreed. She remarked that the original purpose was for a restaurant, not a night club. She wanted to give them an opportunity to continue their business but eliminate the problems. Commissioner Tolstoy felt that Sunday night activities had placed a tremendous burden on the Police Department. He feared that excluding the 18 to 20 year olds may cause problems. He thought there should be a way for Backwaters to compensate the Police Department for the needed Police Officers, such as Planning Commission Minutes -20- June 9, 1993 having Backwaters hiring some of the off-duty or reserve Police Officers. He thought that on one evening all of the on-duty Officers had been at Backwaters and he felt that was a situation the City does not wish to have happen again. He hoped there was some way to obtain extra officers to take care of potential problems on Sunday evenings. Ralph Hanson, Deputy City Attorney, commented that the City does not charge for police responses; however, if the Commission wished to include a requirement in the entertainment permit that a uniformed, licensed Police Officer be present, the City could investigate the matter. Commissioner Tolstoy stated it was not his intent to have Backwaters pay for the officers on duty; but he wanted to see the officers on duty out in the City rather than spending all of their time at Backwaters. Mr. Hanson stated that was why the City was considering the modification or revocation of the entertainment permits. Mr. Buller stated that during the recess he had suggested that a grace period might be given in order to give Backwaters an opportunity to advise patrons who attend on a regular basis that the club would no longer be open to 18 to 20 year olds. He thought the grace period would give Backwaters an opportunity to determine whether problems could be expected once the 18 to 20 year olds are no longer permitted. Motion: Moved by Chitiea, to continue the matter for three months, with an understanding that under 21 year olds would be restricted following a two-week transitional period. She felt the restaurant should be reopened and commented the entertainment permit was granted with the understanding that the business was a restaurant which provides entertainment. Commissioner Vallette asked if there is a specific time frame for Backwaters to give notification to the Police Department regarding entertainment. Mr. Buller stated they are to give notice but a specific time frame is not spelled out. Commissioner Chitiea agreed that when the matter returns in three months, there should be a better feeling for what is working. Commissioner Vallette was concerned that during the three month period there be proper notification to provide staffing. Captain Zeiner commented that the Police Department would need more notice than from a Friday evening to a Saturday, particularly when big name entertainers may be involved. Commissioner Vallette felt the establishment may not be appropriate for drawing top name entertainers. She thought the Sports Complex may be a better location. Commissioner Chitiea felt it may be a question of advertising. Planning Commission Minutes -21- June 9, 1993 Commissioner Vallette thought the time frame for notification should be worked out between the Police Department and the management of Backwaters and she suggested that there may even be different time frames for different types of entertainment. Commissioner Chitiea felt a written policy could be developed during the three-month period. Commissioner Tolstoy asked if the other Commissioners wished to include anything about additional policing. Commissioner Vallette stated that she had suggested a subcommittee to identify and work on the issues, such as additional policing, parking, etc. Commissioner Chitiea did not feel a subcommittee was necessary. Chairman McNiel felt that Backwaters must deal with the problems. Commissioner Vallette felt a subcommittee could give on-going feedback to make it easier for the management to come up with a satisfactory plan and preclude their returning with the excuse that they did not know what was expected. Chairman McNiel felt there would be sufficient feedback from the Police Department and Planning staff. Commissioner Vallette felt it would be only a short-term subcommittee and it would be a matter of good public relations. Commissioner Melcher asked if Commissioner Chitiea's motion called for a finding that the existing entertainment permit does not include entertainment events open to those under 21 years old and the three month continuance would be to evaluate the remainder of the operation to see if it would be workable from the standpoint of both the City and the applicant. He thought at the end of the three month period, the entertainment permit would either be revoked or the hearing would be concluded with a finding that the restriction on entertainment for those under 21 years old would remain as a permanent condition. Commissioner Chitiea agreed that was the intent of her motion. Commissioner Melcher seconded the motion. Mr. Buller noted that three months would continue the matter to September 8. Chairman McNiel noted the continuance to September 8 would be predicated upon not experiencing major problems between now and then. Mr. Buller confirmed the matter could be returned sooner if necessary. Chairman McNiel reopened the public hearing. Mr. Mannerino asked for clarification that those under 21 would be permitted in the restaurant once it reopens. Planning Commission Minutes -22- June 9, 1993 Chairman McNiel confirmed that the prohibition was only for the night club. The motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY VALLETTE NONE -carried Chairman McNiel commented that he wants the business to do well but he does not want the community to suffer as a result of what occurs there. He thought the Commission has a responsibility to the business and Backwaters has a responsibility to the community. , , , , , PUBLIC COMMENTS Brad Buller, City Planner, noted the Commission had received a letter from Steve Seeley requesting that the Commission consider amending the Foothill Boulevard Specific Plan to permit a health club to locate in the Thomas Winery Plaza. Mr. Buller said staff felt the use may be appropriate. He stated the Commission should indicate whether an amendment should be initiated. Commissioner Vallette asked if the applicant was aware the process may be time-consuming. Mr. Buller stated the process had been described to the applicant. He stated that if there was no objection, staff would work with Mr. Seeley to begin processing the amendment. It was the consensus the Commission that the amendment could be pursued. COMMISSION BUSINESS H. HISTORIC PRESERVATION COMMISSION DUTIES AND RESPONSIBILITIES Brad Buller, City Planner, stated he had tentatively decided that Historic Preservation Commission items would generally be considered at the first meeting of the month. He recommended that the Historic Preservation Commission meetings be held immediately preceding the Planning Commission meetings. It was the consensus of the Commission that would be acceptable. Mr. Bullet indicated that in July staff would begin training of the Commissioners on historic preservation details not only at the meetings, but also on an individual basis. ADJOURNMENT Motion: Moved by Melcher, seconded by Chitiea, carried 5-0 to adjourn. Planning Commission Minutes -23- June 9, 1993 11:05 p.m. - The Planning Commission adjourned. Respectfully submitted, Secretary Planning Commission Minutes -24- June 9, 1993