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HomeMy WebLinkAboutRES 2006-40CITY COUNCIL RESOLUTION NO. 2006.40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION DECISION TO MODIFY CONDITIONAL USE PERMIT NO. 2003-01, ELIMINATING THE ENTERTAINMENT USE FOR SCRIBBLES GRILLE. AND RESTAURANT LOCATED AT 245 GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA, 91765. A. RECITALS. On March 26, 2003, the property owner, P. N. Patel of Ratan Hospitality, LLC, and applicant, Raj Astavakra, filed an application for Conditional Use Permit No. 2003-01 requesting a bar and entertainment use for the property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. 2. On May 27, 2003, after conducting and concluding a duly noticed public hearing, the Planning Commission adopted Resolution No. 2003-15 approving Conditional Use Permit No. 2003-01 allowing Scribbles Grille and Restaurant to serve alcoholic beverages and to have limited entertainment as follows: a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. 3. As a condition of approval, the Planning Commission has the authority to periodically review the Conditional Use Permit to ensure compliance with all conditions of approval and applicable codes. As a result of the public safety issues associated with the operation of, and patrons from, Scribbles Grille and Restaurant, a public hearing was set for March 14, 2006, Planning Commission meeting to review and consider evidence for revocation or modification. 4. On March 3, 2006, public hearing notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site. f=urthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 5. On March 14 and continued to April 11, 2006, the Planning Commission of the City of Diamond Bar concluded the duly noticed public evidentiary hearings for Scribbles Grille and Restaurant. The Planning Commission found Scribbles Grille and Restaurant was not in conformance with the Conditional Use Permit No. 2003-01, its operation created public health and safety problems, and adopted Resolution No. 2003-16 to revoke the entertainment use. B 6. On April 21, 2006, public hearing notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 7. The decision represented by said Planning Commission Resolution No. 2006-16 was appealed in a timely manner to this Council. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above - referenced public hearing May 2, 2006 including written and oral staff reports, the minutes of the above -referenced Planning Commission meetings, and the contents of Planning Commission Resolution No. 2003-16, together with pubic testimony, this Council hereby specifically finds and concludes as follows: (a) The overall site is a 5.02 acre of land developed with the Best Western Diamond Bar Hotel, a restaurant building identified as Scribbles Grille and related landscape and parking areas. (b) The General Plan land use designation for the site is General Commercial (C) and the Zoning District is Regional Commercial District (C-3). (c) To the north is the Orange (57) Freeway, to the south is the existing K- mart shopping center which is zoned Regional Commercial (C-3), to the east is existing condominiums which are zoned Multi -family Residence -15 Units Per Acre (R -3-15U), and to the west is the Pomona (60) Freeway. C. FINDINGS The City Council of the City of Diamond Bar does hereby find the following: 1. The Council concurs with the findings of Planning Commission Resolution No. 2003-16 that Scribbles is not operating in conformance with the approved Conditional Use Permit, is a public nuisance, and is a threat to the heath and safety of the community. 2. Circumstances changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification of the CUP. The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the entertainment use is detrimental to public health, safety and welfare. 3. The permit was obtained by misrepresentation or fraud. The applicant testified at a public hearing on May 27, 2003, that his business is an upscale restaurant and the entertainment he was requesting would be to allow a jazz band with no dancing at all except for private events like graduation parties within the banquet room. The type of entertainment on Thursday nights, which is advertised through known radio stations and having performances from known artists, and charging admission to these types of events, is inconsistent with the representation made by the applicant during the original Conditional Use Permit public hearing. 4. One or more of the conditions of the permit have not been met or have been violated. Condition (j) of Planning Commission Resolution No. 2003-15 limits the entertainment to a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. The entertainment at Scribbles in the past is a violation of this condition. Condition (k) of Planning Commission Resolution No. 2003-15 states that the applicant shall not permit any public nuisance outside the restaurant including, but not limited to, unruly behavior by patrons which may contribute to noise. The nuisance problems demonstrated by Sheriff's report are a clear violation of this condition. 5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute. The massage tables and the two masseurs on the premises were not part of the Conditional Use Permit No. 2003-01 approval. Having massage services requires a Conditional Use Permit under Regional Commercial District, which the applicant has not obtained nor applied for the appropriate permit. The massage services violate Sections 22.10 and 22.58 of the Development Code. 6. The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare of the community or the use operates in a manner which constitutes a public nuisance. 3 The need to deploy additional Deputies to mitigate significant public safety issues at Scribbles and the continued pattern of significant public safety calls for services associated with patrons of Scribbles is detrimental to public health, safety and welfare of the community. The numerous public safety incidents occurring at this location negatively impacts the quality of life of nearby residents and businesses making the operation of this business a public nuisance. 7. After the revocation of the entertainment use by the Planning Commission on April 11, 2006, the appellant continues to have entertainment on Thursday night that does not conform to the approved Conditional Use Permit. City issued Civil Citations against Scribbles on April 13 and April 20, 2006, and notified the property owner that they are in violation of Municipal Code Section 22.78.020. 8. Based on the findings and conclusions set forth above, the City Council hereby denies the appeal and affirms the Planning Commission action as contained in Planning Commission Resolution No. 2006-16 9. This Council hereby provides notice to the appellant, Mr. Raj Astavakra , the attorney, Mr. Frank A. Weiser, and the property owner, Mr. P.N. Patel that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: P. N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741, Frank Weiser, and Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702, APPROVED AND ADOPTED THIS 2nd DAY OF MAY 2006, BY THE CITY COUNCIL OF THE CITY OF DiAMOND BAR. BY: Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was approved and passed by the City Council of the City of Diamond Bar at its regular meeting held on the 2nd day of May 2006 by the following vote: 4 AYES: Council Members: Chang, Tanaka, Tye, M/Herrera NOES: Council Members: None ABSENT: Council Members: MPT/zirbes ABSTAIN: Council Members: None ATTEST: Tommye'Cribbins, City Clerk, City of Diamond Bar 1 1 5