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HomeMy WebLinkAboutPC 2006-16PLANNING COMMISSION RESOLUTION NO. 2006-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2003-01, BY 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. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 5. On March 14, 2006, the Planning Commission of the City of Diamond Bar opened the public hearing, accepted public testimony, and continued the public hearing to April 11, 2006. On April 11, 2006, the Planning Commission concluded the duly noticed public evidentiary hearing for Scribbles Grille and Restaurant. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above -referenced public hearing on March 14 and April 11, 2006, including written and oral staff reports, together with pubic testimony, this Planning Commission 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. (d) Development Code Section 22.76 authorized the Planning Commission to revoke or modify the Conditional Use Permit if findings can be made as listed below in items (e) through (i). Conditional Use Permit (e) Circumstances have been 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. 2 Planning Commission Resolution No. 2006-16 The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the Thursday night entertainment is detrimental to public health, safety and welfare. (f) 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. (g} 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 Sheriffs report are a clear violation of this condition. (h) 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 norapplied for the appropriate permit. The massage services violate Sections 22.10 and 22.58 of the Development Code. (i) 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 Planning Commission Resolution No. 2006-16 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. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby modifies Conditional Use Permit 2003-01 as follows: (a) All pertinent conditions of approval set forth in Conditional Use Permit No. 2003-01 shall remain in fuil force and effect except for Condition (j) of Planning Commission Resolution No. 2003-15, which shall be rescinded. (b) Conditions of approval set forth in Administrative Review Resolution No. 2003-01, approved January 14, 2003, shall remain in full force and effect except as otherwise specified in this resolution. (c) Entertainment use is revoked and all entertainment shall cease immediately. The Planning Commission 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, and Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M 4 Planning Commission Resolution No. 2006-16 I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of April 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: Torng, Lee, VC/Nelson, Chair McManus. Everett. None. ABSTAIN: Commissioner: None. ATTEST: Z�& Nancy Fong, cret ry 5 Planning Commission Resolution No. 2006-16 PLANNING COMMISSION RESOLUTION NO. 2006-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2003-01, BY 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. 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. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. On March 14, 2006, the Planning Commission of the City of Diamond Bar opened the public hearing, accepted public testimony, and continued the public hearing to April 11, 2006. On April 11, 2006, the Planning Commission concluded the duly noticed public evidentiary hearing for Scribbles Grille and Restaurant. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above -referenced public hearing on March 14 and April 11, 2006, including written and oral staff reports, together with pubic testimony, this Planning Commission 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. (d) Development Code Section 22.76 authorized the Planning Commission to revoke or modify the Conditional Use Permit if findings can be made as listed below in items (e) through (i). Conditional Use Permit (e) Circumstances have been 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. 2 Planning Commission Resolution No. 2006-16 The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the Thursday night entertainment is detrimental to public health, safety and welfare. (f) (g) 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. One or more of the conditions of the permit have not been met or have been violated. Condition Q) 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 Sheriffs report are a clear violation of this condition. (h) 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 norapplied for the appropriate permit. The massage services violate Sections 22.10 and 22.58 of the Development Code. 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 Planning Commission Resolution No. 2006-16 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. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby modifies Conditional Use Permit 2003-01 as follows: (a) All pertinent conditions of approval set forth in Conditional Use Permit No. 2003-01 shall remain in full force and effect except for Condition 0) of Planning Commission Resolution No. 2003-15, which shall be rescinded. (b) Conditions of approval set forth in Administrative Review Resolution No. 2003-01, approved January 14, 2003, shall remain in full force and effect except as otherwise specified in this resolution. (c) Entertainment use is revoked and all entertainment shall cease immediately. The Planning Commission 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, and Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 4 Planning Commission Resolution No. 2006-16 I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of April 2006, by the following vote: AYES: Commissioner: Torng, Lee, VC/Nelson, Chair McManus. NOES: Commissioner: Everett. ABSENT: Commissioner: None. ABSTAIN: Commissioner: None. ATTEST: 5 Planning Commission Resolution No. 2006-16