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HomeMy WebLinkAbout2010/07/14 - Agenda Packet - Planning Commission r THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION LtioJ AGENDA RANCHO CUCAMONGA JULY 14, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California L r CALL TO ORDER Roll Call Chairman Fletcher Vice Chairman Munoz Oaxaca_ Howdyshell _ Wimberly • I H. APPROVAL OF MINUTES June 23, 2010 Regular Meeting Minutes III. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. CONDITIONAL USE PERMIT-DRC2009-00253-VERIZON WIRELESS AND T-MOBILE - A request to install a 61-foot tall multi-carrier wireless facility designed as a clock tower with an equipment enclosure at an existing retail center in the Neighborhood Commercial District, located at the southeast corner of Base Line Road and Milliken Avenue-APN: 0227- 182-17. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Projects. B. REVIEW OF CONDITIONAL USE PERMIT CUP99-43R - THE BEER MUG-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or • 1 of 4 ky PLANNING COMMISSION AGENDA .t. JULY 14, 2010 RANCHO CUCAMONGA in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 -APN: 0229-031- 33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. CONTINUED FROM MAY 26, JUNE 9, AND JUNE 23, 2010. IV. NEW BUSINESS C. USE DETERMINATION DRC2010-00393 - NORTH AMERICAN WIRELESS INC - A request to determine if a proposed Sprint wireless phone store should be permitted under the Specialty Retail land use category within the Specialty Commercial District of the Foothill Boulevard Specific Plan (Subarea 2). The Planning Department staff has determined • that the activity is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines. The activity qualifies under Section 15061(b)(1) of the State CEQA Guidelines because a Use Determination will not have any specific impacts on the environment. D. SELECTION OF PLANNING COMMISSION OFFICERS. E. DESIGN REVIEW COMMITTEE APPOINTMENTS. V. DIRECTOR'S REPORTS F. DRC2010-00141 - CITY OF RANCHO CUCAMONGA - A PRESENTATION AND DISCUSSION OF RECOMMENDED CHANGES TO THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING ENTERTAINMENT. G. DRC2010-00331 - CITY OF RANCHO CUCAMONGA - A PRESENTATION AND DISCUSSION OF RECOMMENDED CHANGES TO THE DEVELOPMENT CODE REGARDING LANDSCAPING REQUIREMENTS. • • 2 of 4 • PLANNING COMMISSION AGENDA JULY 14, 2010 RANCHO CUCAMONGA VI. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VII. COMMISSION BUSINESS/COMMENTS VIII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. • I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on July 8, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. • If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the • 3 of 4 `P PLANNING COMMISSION AGENDA � JULY 14, 2010 • RANCHO CUCAMONGA Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, • Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 for maps and$2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us • 4 of 4 • • 4 Vicinity Map • Planning Commission Meeting July 14, 2010 j i. _--1 i I _ i a r a I y t € x ! 1 I I i ° m t c i w ( ; : , Ign I I I _ \till��, L___±,7 . - 210 • 19th St '\ a t Base Linen. "-` Base Line eV. i Churchl ��� i Church A Foothill ./L1 • R r — ` ,� ' Foothill i 6 ;� i B Arrow I i i Arrow `` 11! IJerse o ' kin it Tan i to 8th' ` r ° c i — Ei 6th 6th R 2 2 i1 Y CO: N ° i I ¢ = = nF all 4th 4th A The shaded area is Foothill Boulevard District, Subarea 2 F and G are Citywide • * Meeting Location: City Hall 10500 Civic Center Drive • • STAFF REPORT r • PLANNING DEPARTMENT • DATE: July 14, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: CONSTRUCTION CONDITIONAL USE PERMIT DRC2009-00253 - VERIZON WIRELESS AND T-MOBILE - A request to install a 61-foot tall multi-carrier wireless facility designed as a clock tower with an equipment enclosure at an existing retail center in the Neighborhood Commercial District, located at the southeast corner of Base Line Road and Milliken Avenue - APN: 0227-182-17. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Projects. • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Single-Family Homes, Victoria Community Plan, Low-Medium Residential South - Single-Family Homes, Terra Vista Community Plan, Low-Medium Residential East - Condominiums, Terra Vista Community Plan, Medium-High Residential West - Gas Station; Terra Vista Community Plan, Office Park • B. General Plan Designations: Project Site - Neighborhood Commercial North - Low-Medium South - Low-Medium East - Medium-High West - Office • C. Site Characteristics: The site is an accumulation of parcels that make a somewhat square shaped parcel that is on the southeast corner of Milliken Avenue and Base Line Road. The parcel that the tower will be located on is a .9 acre puzzle shaped parcel that is combined with several other parcels to make up the 12.58 acre Central Park Plaza Shopping Center in the Neighborhood Commercial District of the Terra Vista Community Plan. The current Central Park Plaza is a multi-building and multi-tenant retail shopping center. ANALYSIS: A. General: The entire site was originally approved under Conditional Use Permit CUP89-18. This approval was for the development of a commercial retail shopping center consisting of 12 retail buildings and 1 day care building totaling 119,204 square feet on 14.1 acres of land. The entire site is bound by Base Line Boulevard to the north, Milliken Avenue to the west, Elenna West to the east, and Terra Vista Parkway East to the south. This project is proposing to construct a 61-foot tall multi-carrier wireless facility designed as a • clock tower with an equipment enclosure at the northwest corner of the Central Park Plaza Shopping Center. The clock tower is this tall to accommodate (3) wireless carriers. Both Item A • PLANNING COMMISSION STAFF REPORT DRC2009-00253 - VERIZON • July 14, 2010 Page 2 Verizon and T-Mobile will be collocating onto this tower once it is built and AT&T has a Conditional Use Permit application in for review to collocate on the structure. The shopping center currently contains a monopalm wireless communications facility near the southeast corner of the shopping center that accommodates Sprint and Clearwire. The proposed tower has incorporated elements from the shopping center into its design. The majority of the tower will be various colors of brown and tan. The roof will consist of the Mission Clay Tile roofing that is used on the existing buildings in the center. The tower is divided into three sections by trim accents. To break up the height, the lower two-thirds of the tower will be a darker shade than the top one-third of the tower. The face of the clock will be bordered by a trim detail for articulation. Also, recessed tile accents along with score lines will be installed on all four elevations of the tower. A decorative wrought iron fence has been proposed at the base of the tower to secure the interior of the tower. An equipment enclosure has been proposed between the proposed tower and the existing bank building to the east. The enclosure will utilize the same materials as the tower but it will be constructed from CMU block and have a stucco finish to match the surrounding buildings. Also, included on the elevations of the equipment enclosure, are some arches to tie in the elements of the center. The mansard roof will also have Mission Clay Tile roofing. The addition of the two structures does not require any additional parking for the use. • B. Design Review Committee: The Design Review Committee (Wimberly and Granger) reviewed the site, building elevations, materials, and Conceptual Landscaping Plans on June 1, 2010, and recommended approval. C. Grading Review Committee: The Grading Committee reviewed the development portion of the project on June 1, 2010, and conditionally recommended approval. D. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 32 exemption under State CEQA Guidelines Section 15332, In-Fill Development Projects. Because this project meets all the criteria described in the section and is only 289 square feet and located in an area that contains all public services and facilities to allow for maximum development and there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve the Conditional Use Permit DRC2009-00253 through the adoption of the attached Resolution of Approval with conditions. • A-2 PLANNING COMMISSION STAFF REPORT • DRC2009-00253 - VERIZON • July 14, 2010 Page 3 Respectfully submitted, . /ham Z. ") Jame R. Troyer, AICP Planning Director JRT:SF\ds Attachments: Exhibit A - Site Detail Exhibit B - Elevations Exhibit C - Aerial Map Draft Resolution of Approval for Conditional Use Permit DRC2009-00253 • • A-3 • • • RESOLUTION NO. 10-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2009-00253 - A REQUEST TO INSTALL A 61-FOOT TALL MULTI-CARRIER WIRELESS COMMUNICATION FACILITY LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-182-17. A. Recitals. 1. Verizon Wireless filed an application for the issuance of Conditional Use Permit DRC2009-00253, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 14th day of July 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on July 14, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast corner of Base Line Road and Milliken Avenue with a street frontage on Base Line Road of 888 feet and a street frontage on Milliken Avenue of 733 feet in which is presently improved with multi-tenant shopping center; and b. The properties to the north, south, and east of the subject site are single-family residences, the property to the west consists of an Gas station, and the property northwest of the site is Central Park; and c. The project consists of the development of one 61-foot multi-carrier wireless communication facility and 690 square foot equipment shelter; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the A-9 PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS July 14, 2010 • Page 2 Development Code, and the purposes of the district in which the site is located. The tower meets the General Plan objective that which requires communication towers to be located and designed to blend in with the surrounding environment. The Conditional Use Permit is required to allow for the tower to exceed the maximum building height in the Neighborhood Commercial District of the Terra Vista Community Plan. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity. The tower and equipment will be installed per the building code and all applicable codes governing wireless facilities. c. The proposed use complies with each of the applicable provisions of the Development Code by installing a facility that is designed to blend with the surrounding environment and has the ability to co-locate multi-carriers within the facility. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 32 exemption under State CEQA Guidelines Section 15332 (In-Fill Development). Because the proposed project meets all the criteria described in the section and is only 979 square foot in total lot coverage for all structures, located in an area that contains all public services with facilities to allow for maximum development and there is no substantial evidence that the project may have a significant effect on the environment. • 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the installation of a new 289 square foot 61-foot high multi-carrier wireless communication facility designed as a clock tower with a 690 square foot equipment enclosure located at the southeast corner of Base Line Road and Milliken Avenue -APN: 0227-182-17. 2) The wireless communication facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 3) The approval of this application does not exempt the applicant from complying with all of the conditions of previously approved Conditional Use Permit CUP 89-18. 4) Any expansion, modification, or alternation to the clock tower or equipment enclosure shall require review and approval by the Planning Department. 5) The wireless communication facility is considered abandoned if it • ceases to provide wireless communication service for 180 or more A-10 • PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS • July 14, 2010 Page 3 days and shall be removed in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. 6) The clocks on the tower shall be maintained and kept in good working order at all times. 7) The equipment shelter and landscaping shall match the existing site in style and color. 8) The interior of the tower shall be finished to match the exterior up to the point of the antennas at the bottom of the tower. A screening material shall be installed at the lowest point of the antennas to conceal the antennas from public view. 9) Any work performed or any right-of-way closure will require prior approval from Engineering. 10) All equipment necessary for the operation of the wireless facility shall be contained inside the equipment shelter. 11) Signs are not permitted on the clock tower and the equipment shelter, • except signage required for emergency notification purposes and those required by regulatory agencies. 12) The antenna and the equipment shelter shall be maintained in good condition at all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. 13) No wireless communication facility shall interfere with the public safety radio communications system, including, but not limited to, the eight hundred MHz trunking system. If such a facility is found to interfere with the public safety radio system, it shall cease operations • immediately until such time as the •problem is resolved to the satisfaction of the City of Rancho Cucamonga. 14) Except for necessary emergency maintenance, maintenance of the wireless communication facility and all appurtenant equipment on any day, excepting Sundays, shall occur only between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. Grading 1) Prior to the issuance of a building permit, the applicant shall submit to the Building and Safety Official a precise Grading Plan for review and permit. • 2) Prior to issuance of a grading permit the applicant shall submit to the Building and Safety Official a Water Quality Management Plan (WQMP) for review and approval. If an approved WQMP has been All • PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS July 14, 2010 Page 4 • prepared for the subject site, the previously approved WQMP may be revised accordingly with a new City of Rancho Cucamonga Memorandum of Agreement of Storm Water Quality Management Plan recorded with the County Recorder's Office. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary • I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A-12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2009-00253 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: VERIZON WIRELESS LOCATION: SOUTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0. Completion Date General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_!_ agents, officers, or employees, because of the issuance of such approval, or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 10-29, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc A-13 Project No. DRC2009-00253 Completion Date B. Time Limits • 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if —/_/- building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development • 1. Prior to any use of the project site or business activity being commenced thereon, all Conditions —/_/- of Approval shall be completed to the satisfaction of the Planning Director. 2. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/- other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. —/—/— APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: —/ /— • a. Site/Plot Plan; • b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2009-00253) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Operation shall not commence prior to posting the Certificate of Occupancy issued by the / / Building and Safety Department. . • 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc A-14 • Project No. DRC2009-00253 • Completion Date • Site Development 1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. G. New Structures . 1. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ • H. Grading 1. The Final Grading and Drainage Plan shall show the accessibility path from the public right-of- _/_/_ way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations and dimensions, and comply with the current adopted California Building Code. 2. The Grading and Drainage Plan shall Implement City Standards for on-site construction where _/_/_ possible, and provide details for all work not covered by City Standard Drawings. 3. All slopes shall be a minimum 2-foot offset from the public right-of-way or adjacent private _/_/_ property. 4. Roof storm water is not permitted to flow over the public parkway and shall be directed to an / /_ under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. • 5. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho _/_/_ Cucamonga handout "Information for Grading Plans and Permit." • • 3• I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc A-15 • Project No. DRC2009-00253 Completion Date 6. Grading Inspections: —/ /— • a. Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative; the Grading Contractor and the Building Inspector are to discuss grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The Grading Contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: 1) The bottom of the over-excavation; 2) Completion of rough grading, prior to issuance of the building permit; 3) At the completion of rough grading, the Grading Contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter), an original and a copy of the Pad Certifications to be prepared by and properly"wet"signed and sealed by the Civil Engineer and Soils Engineer of Record; 4) At the completion of rough grading, the Grading Contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter), an original and a copy of the Pad Certifications to be prepared by and properly"wet"signed and sealed by the Civil Engineer and Soils Engineer of Record; 7. Prior to the issuance of the Certificate of Occupancy the Engineer of record shall certify the /—/— • functionality of the Storm Water Quality Management Plan(WQMP)Best Management Practices (BMP) devices. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • 4 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc A-16 • o coca.._ ��t CU Moy Rancho Cucamonga Fire Protection Via° fi v, District k.'nJ!' FIRE, Fire Construction Services STANDARD CONDITIONS STANDARD CONDITIONS CELL SITE Fire Construction Services will review the construction plans when submitted to the Building & Safety Department for plan check. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-6 Fire District Site Access 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. A Knox box must be installed in Accordance with RCFPD • Standards. 2. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with the RCFPD Standard. 3. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A Site Plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. " Battery Systems " Compressed Gases " Flammable and Combustible Liquids " Hazardous Materials Liquefied Petroleum Gases FSC-12 Hazardous Materials - Submittal to Fire Construction Services • Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances, FD46, and other implemented and/or adopted standards. Page 1 of 2 A-17 PRIOR TO THE RELEASE OF TEMPORARY POWER • The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures." • PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. • 2. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the approved fire access roadways must be installed in accordance with the approved plans and acceptable to FCS. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 3. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. 4. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant • must demonstrate (in writing from the County) that the facility has met or is meeting the Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Department. The applicant must also obtain inspection and acceptance by Fire Construction Services. 5. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 6. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 1A-inches by 11-inches, or 11-inches by 17-inches on the Site• Plan of the site in accordance with • RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7. The Knox box must be installed and the Key to the building and/or gates must be provided by the owner or contractor to the fire inspector for locking up in the Knox box. • Page 2 of 2 A-18 /9G c o,ect C`'/°/ PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS 1� July 14, 2010 T�� Page 3 days and shall be removed in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. / The clocks on the tower shall be maintained and kept in good working order at all times by owner. 7) The equipment shelter and landscaping shall match the existing site in style and color. 8) The interior of the tower shall be finished to match the exterior up to the point of the antennas at the bottom of the tower. A screening material shall be installed at the lowest point of the antennas to conceal the antennas from public view. 9) Any work performed or any right-of-way closure will require prior approval from Engineering. 10) All equipment necessary for the operation of the wireless facility shall be contained inside the equipment shelter. 11) Signs are not permitted on the clock tower and the equipment shelter, except signage required for emergency notification purposes and those required by regulatory agencies. 12) The antenna and the equipment shelter shall be maintained in good condition at all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. /13) No wireless communication facility shall interfere with the public safety radio communications system, including, but not limited to, the eight hundred MHz trunking system. _ _ " ' immediately until such time as the problem is rccolvcd to tho - -- . _ •- _ ' - • --- - - -- -•- •- -. If it is determined that the operation of the telecommunications facility causes interference with the radio communications of the City's public safety operation in violation of FCC Rules and Regulations, the applicant shall work diligently in accordance with the Best Practices Guidelines of the FCC to eliminate any interference. 14) Except for necessary emergency maintenance, maintenance of the wireless communication facility and all appurtenant equipment on any day, excepting Sundays, shall occur only between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. PAGE A-11 • STAFF REPORT "VI • PLANNING DEPARTMENT DATE: July 14, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: REVIEW OF CONDITIONAL USE PERMIT 99-43R — THE BEER MUG - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District (Subarea 4) of the Foothill Boulevard Specific Plan, in the Foothill Marketplace located at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related Files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. Continued from May 26, 2010, June 9, 2010, and June 23, 2010. The business owner's attorney requested a continuance of the June 23, 2010, Planning Commission hearing to allow for additional time to review the Staff Report and findings prior to the hearing. The Planning Commission continued the item to the July 14, 2010, Planning Commission • hearing. • Attached to this Staff Report is a copy of the June 23, 2010, Planning Commission Staff Report (Exhibit A). There is no new information to present. . RECOMMENDATION: Based on review of the evidence presented herein,. Staff recommends the Planning Commission revoke Conditional Use Permit 99-43, thereby terminating the sale and on- site consumption of distilled spirits and use of the bar and to only allow the sale and on-site consumption of beer and wine in conjunction with a restaurant. Respectfully submitted, Ja s R. Troyer, AICP Pla ning Director JRT:AC/ge Attachments: Exhibit A - Planning Commission Staff Report with Exhibits dated June 23, 2010 Exhibit B - Police Incident Report dated June 9, 2010 Draft Resolution for Revocation of Conditional Use Permit CUP99-43R • • • Item B • • STAFF REPORT �h • PLANNING DEPARTMENT L1 • DATE: June 23, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician • • SUBJECT: REVIEW OF CONDITIONAL USE PERMIT 99-43R — The Beer Mug - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. BACKGROUND: • A. Project History: • February 11, 1998, the Planning Commission approved Conditional Use Permit 97-30 • • and Entertainment Permit 97-03 for MVP Sports Grill. . • November 23, 1999, Conditional Use Permit 99-43 was approved by the Planning Commission for The Beer Hunter Sports Pub and Grill. This approval was for the sale and on-site consumption for beer, wine, and distilled spirits in conjunction with a restaurant and bar, but did not include any approvals for live entertainment. Conditional Use Permit 99-43 is held by staff as the current Conditional Use Permit for the property (Exhibit A). • • January 27, 2010, a Notice of Violation letter was sent to the owner, Mr. Roig, with the approved Conditional Use Permit 99-43 notifying him that he was in violation of the conditions of approval. This letter also served notice that all entertainment activities • must cease on the property because the owner did not have a valid Entertainment Permit (Exhibit B). • February 23, 2010, in response to a letter from Mr. Roig's attorney, City staff prepared a letter clarifying the City's position on the current Conditional Use Permit and lack of a valid Entertainment Permit. Staff requested that the owner submit an Entertainment Permit application if he desired to provide entertainment activities on his property (Exhibit C). • March 24, 2010, based on a request from the Sheriffs Department, the Planning Commission directed the permit to be set for Public Hearing review on May 26, 2010. • March 30, 2010, the Code Enforcement Department issued a Compliance Order requesting the owner cease all entertainment activities because no valid Entertainment • Permit exists for the property (Exhibit D). EXHIBIT A B-2 • • PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 2 • • May 3, 2010, Planning Department staff along with Deputy City Attorney Mr. Bobko, met with the business owner Mr. Roig and his attorney Mr. Kroll. Staff discussed with Mr. Roig about the current status of his CUP under review, as well as some of the outstanding violations on his property. • • May 26, 2010, Planning Department staff prepared a letter outlining the compliance issues at the property. Staff again requested that the owner cease all entertainment activities. • June 2, 2010, the owner's attomey delivered a letter to the City stating his client, Mr. Roig, would submit applications for a Non-Construction Conditional Use Permit and Entertainment Permit by June 9, 2010. The letter also states that the owner had ceased all forms of live entertainment as a show of good faith. • June 7, 2010, staff received a letter from the owner's attorney requesting a continuance of the June 9, 2010 Planning Commission hearing to allow his client additional time to prepare the applications for submittal. • Staff requested a continuance of the June 9, 2010 Planning Commission hearing to allow.for the applicant to submit these applications by June 14, 2010. • Following the June 9, 2010 Planning Commission hearing, the Sheriffs Department along with a member of Planning Department staff, conducted a compliance inspection • at approximately 10:45 p.m., during which live entertainment, consisting of a DJ and dancing, was observed at the property. B. Police Incidents: Sampling of incidents and the copies of the police reports are attached (Exhibit E) for the subject location as follows: Report no. Date Description • DR # 110912659 10/18/09 Attempted Murder DR # 110913220 10/31/09 Battery DR # 111000872 01/23/10 Attempted Murder DR # 111003461 03/26/10 Assault with a deadly weapon DR # 111005346 05/08/10 Miscellaneous Incident {Alcohol served to underage patron resulting alcohol poisoning} C. Joint Inspection Results on February 11. 2010: Upon site inspection, the Planning Department noted multiple modifications to the interior floor plan including a relocated and expanded dance floor, removal of booths and eating areas, and a the addition of a large DJ booth. • B-3 • PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 • Page 3 • • Joint Inspection Results on June 9, 2010: Upon site inspection, the Planning Department staff noted approximately 30 to 40 patrons standing or sifting at tables or around the bar, and one couple was dancing in the southwest corner of the bar area. The lights were low with a disco ball and strobe type lights flashing. An individual was identified in the DJ booth with a laptop and two external turntables to mix songs, and was also in control of the music videos being played throughout the restaurant. • The individual was also wearing headphones allowing the DJ to hear the upcoming music to be played. It was clear that the individual was acting in the capacity of a DJ and was mixing/playing music and videos for the entertainment of patrons. A flyer advertising the event was also found on the internet (Exhibit G). D. Applicable Municipal Code Sections: • The following Code Sections are relevant to the review of the Conditional Use Permit: Conditional Use Permit • RCMC 17.04.030 - Conditional Use Permits G. Revisions/Modifications. Revisions or modifications of Conditional Use Permits can be • requested by the applicant. Further, the Planning Commission may periodically review, • modify, or revoke a Conditional Use Permit. 1. Revisions/Modifications by Applicant. A revision or modification to an approved • Conditional Use Permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. Such request shall be processed as described in Sections 17.04.030-C through F. The applicant shall supply necessary information, as determined by the City, to indicate reasons for the requested change. 2. Periodic Review. The Planning Commission may periodically review any Conditional Use Permit to ensure that it is being operated in a manner consistent with Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. • 3. Modification or Revocation. After setting a date for public hearing as described in Subsection 2 above, the Planning Director shall notify the applicant and owners of the CUP in question. Such notice shall be sent by certified mail and shall state that the Commission will be reviewing the CUP for possible modification or revocation. It shall also state the date, time, and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 17.02.110. The Planning Director shall fully investigate the evidence and prepare a report for the • Commission's consideration. Upon conclusion of the public hearing, the Commission shall render a decision to do one of the following measures: If the B-4 • PLANNING COMMISSION STAFF REPORT • CUP 99-43R June 23, 2010 Page 4 • • Planning Commission either modifies or revokes a CUP, then they shall state reasons for such action within the resolution. • • a. Find that the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or, b. Find that the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or, c. Find that the CUP is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit, which requires the operation to cease and desist in the time allotted by the Commission. •H. New Applications Following Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (Ord. 528 § 7, 1994; Ord. 211 § 6 (part), 1983) ANALYSIS: A. General: • • Following a site inspection and research conducted on the status of the permits for The Beer Mug, staff found that there was not a valid Entertainment Permit issued to The Beer Mug, as Entertainment Permits are not transferrable between owners. City Staff sent the owner a Notice of Violation letter notifying him that he was in violation of the Conditions of Approval of CUP 99-43, and that entertainment was not permitted under that CUP. The owner's attorney, Mr. Kroll, presented a letter to staff identifying several points of contention with the City's letter. After further research, it was identified that staff previously issued an Entertainment Permit renewal in error to Mr. Roig under a previous Conditional Use Permit and Entertainment Permit (97-30 and 97-03). • Staff prepared a second letter dated February 23, 2010, clarifying several points and noted that the renewals were erroneously issued and the owner would need to submit a new Entertainment Permit application. The reason for this is because Mr. Roig took ownership of the business subject to the conditions set forth in Conditional Use Permit 99-43. Staff also informed Mr. Roig that all entertainment activities must cease until such time as he obtained a valid Entertainment Permit. On March 30, 2010, the Code Enforcement Department issued a Compliance Order requesting that the owner cease all entertainment activities. On May 3, 2010, the Planning Department staff met with Mr. Roig and his attorney to discuss the current status of his CUP under review, as well as the outstanding compliance issues. Staff prepared a follow-up letter • B-5 PLANNING COMMISSION STAFF REPORT CUP 99-43R • June 23, 2010 • Page 5 • on May 26, 2010 outlining these compliance issues and again requested all entertainment activities cease because there was no valid entertainment permit for the property. Mr. Roig's attorney delivered a letter to the City dated June 1, 2010 which stated that his client would submit a Non-Construction Conditional Use Permit and Entertainment Permit application by June 9, 2010. The letter also stated the owner had ceased all forms of live entertainment as a show of good faith while the application was pending. Based on this letter and the representation of the owner's attorney, staff requested a continuance of the June 9, 2010 Planning Commission hearing to allow Mr. Roig additional time to submit these applications. However, following the June 9, 2010 Planning Commission hearing, staff conducted a Joint Inspection with members of the Police Department at approximately 10:45 p.m. during which live entertainment, consisting of a DJ and dancing was observed at the property. Based on the issues noted above and the calls for service outlined in the attached documents, the information gathered clearly establishes the subject business has been operating out of compliance with the Conditional Use Permit 99-43. B. Environmental Assessment: When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and • the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The original building operated as a restaurant. • FACTS FOR FINDING: Conditional Use Permit The evidence indicates that; 1. The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number and severity of police calls for service emanating from or associated with the business; and 2. The existing business has operated with live entertainment without an approved Entertainment Permit, which is a violation of Section 5.12 of the Rancho Cucamonga Municipal Code. 3. Substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review. • B-6 • • PLANNING COMMISSION STAFF REPORT . CUP 99-43R June 23, 2010 Page 6 • 4. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 liquor license. CORRESPONDENCE: This item was originally advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site prior to the Planning Commission hearing of May 26, 2010. This matter was subsequently continued specifically to the hearings of June 9, 2010 and again to June 23, 2010, and therefore no additional advertising was required. RECOMMENDATION: Staffs recommends that the Planning Commission, based on review of the evidence presented herein and presentations by staff, revoke, Conditional Use Permit 99-43 thereby terminating the sale and on-site consumption of distilled spirits and use of the bar and only allowing the sale and on-site consumption of beer and wine in conjunction with a restaurant. Respectfully/ submitted, V"i V'� IC jiti Jam R. Troyer, AICP Planning Director . JRT:AC/Is • Attachments: Exhibit A - Staff Report dated November 23, 1998, for Conditional Use Permit • 99-43 including Resolution 99-26 Exhibit B - January 27, 2010, Notice of Violation letter sent by the Planning Department . Exhibit C - February 23, 2010, Notice of Violation response letter from the Planning Department Exhibit D - March 30, 2010 Compliance Order from the Code Enforcement Department Exhibit E - May 26, 2010 Status of Compliance letter from the Planning Department Exhibit F - Police Incident Reports Exhibit G - Flyer advertising entertainment at The Beer Mug for June 9, 2010 Draft Resolution for Revocation of Conditional Use Permit CUP99-43R • • B-7 it • q. • CITY OF' RANCHO CUCAMONGA STAFF. REPORT • DATE: November 23, 1998 TO: •Brad Buller, City Planner FROM: Dan Coleman, Principal Planner BY: Douglas Fenn,Associate Planner SUBJECT: CONDITIONAL USE PERMIT 99-43 - THE BEER HUNTER SPORTS PUB AND GRILL-A request to establish a sports bar, arcade, and billiards in conjunction with a restaurant Within an existing building with a leased space of 8,869 square feet, in the Regional Related Commercial District of the Foothill Marketplace center, located at 12809 Foothill Boulevard -APN: 229-031-14. BACKGROUND: In November of 1996, the Planning Division issued a business license for MVP Sports Grill for a restaurant without live entertainment for the subject site. However, the sports bar expanded it's use to include live entertainment. Because of the expansion, the applicant had to • submit a Conditional Use Permit and an Entertainment Permit application to the Planning Commission. On February 11, 1996, the Planning Commission approved Conditional Use Permit 97-30 and Entertainment Permit 97-03 to allow the live entertainment for MVP Sports Grill. The current sports bar request by Beer Hunter, does not include five entertainment (see proposed use below). • ANALYSIS: A. Proposed Use: Restaurants with a bar serving alcoholic beverages are conditionally permitted in the Regional Related Commercial District. The applicant, Bob Thomas, proposes a full service sports bar and restaurant, The sports bar and restaurant, also provides TV coverage (satellite feed) of sports events such as:football, baseball, basketball, boxing, and other non- televised sports related activities (such as darts and billiards), for the enjoyment of the patrons. The applicant also proposes to construct a 150 square foot weather enclosure at the front entrance, which will protect patrons from the Santa Ana winds. This enclosure is designed to match the existing building facade. Additionally, there will be an outdoor patio dining area (approximately 675 square feet, to seat 40 patrons), which will be enclosed with the existing landscape planters, proposed wrought iron type fencing, and landscape planters. B. Compatibility of Uses: The subject site is within the Foothill Marketplace shopping center. Most of the surrounding lease spaces are occupied by a variety of fast food and retail uses and services. MVP Sports Grill had been in operation at the subject site since December of 1996. The proposed use will create more activity in this plaza, which is the main plaza for the entire shopping center. • EXHIBIT A pa coP3/° B-8 CITY PLANNER STAFF REPORT • CUP 99-43 —BEER HUNTER SPORTS PUB & GRILL November 23, 1999 Page 2 • C. Public Safety Concerns: The Police Department has reviewed the proposed use and has no comment. The Building and Safety Division and the Fire Prevention Unit have also reviewed the proposed uses. A condition of approval has been included that requires the applicant to meet all applicable codes for interior modification and improvement and that the building be inspected before occupancy. D. Hours of Operation: Business hours of operation are Sunday through Saturday between the hours of 11:00 a.m. and 2:00 a.m. During football season (September though January) the establishment is open at 9:00 a.m. on the weekends. The personnel operation consists of 6 to12 employees per shift depending on weekdays and weekends. A normal day consists of two shifts. P. Parking: The total square footage for the Foothill Marketplace shopping center is 608,000 square feet. Based on the parking ratio of 5 spaces per 1,000 square feet of floor area, the total number of parking spaces required is 3,040. However, the number of parking spaces on- site for the entire shopping center is 3,24B spaces. The parking ratio also takes into consideration allowing 15 percent of the total floor area (91,200 square feet)to be food users. •The total percentage of food users including the proposed business (49,594 square feet) is 6 percent Therefore, the site has sufficient parking to accommodate the proposed business.. F. Environmental Assessment: The application is exempt.per Section 15301 of the California Environmental Quality Act G. Conclusion: Based upon the above analysis, staff believes that the proposed activity is • compatible with the surrounding retail uses and complies with the objectives of the Foothill Boulevard Specific Plan. RECOMMENDATION: Staff recommends that the City Planner approve Conditional Use Permit 99- • 43 through the adoption of the attached Resolution of Approval with conditions. • submitted I ir , • an Coleman . Principal Planner BB:DF:mig Attachments: Exhibit"A" - Information Sheet _ Exhibit"B" - Applicant's Letter Exhibit"C" - Foothill Marketplace Subject Site Plan • Exhibit"D" - Floor Plan Exhibit"E" - Elevation Plan Exhibit'." - Tenant List Resolution of Approval with Conditions B-9 INFORMATION SHEET CONDITIONAL USE PERMIT 99-43 FILE NO: CONDITIONAL USE PERMIT 99-43 PROJECT NAME: The Beer Hunter Sports Pub and Grill APPLICANT: Bob Roy Restaurants, Inc. LOCATION: 12809 Foothill Boulevard LAND USE CLASSIFICATION: Regional Related Commercial EXISTING ZONING: Regional Related Commercial EXISTING LAND USE: A vacant retail space within the Foothill Marketplace Shopping Center GENERAL PLAN DESIGNATION: Commercial ADJACENT ZONING/LAND USE: North: Church offices, retail, service station (across Foothill Boulevard); Community Commercial, Foothill Boulevard Specific Pan (Subarea 4). Fastfood restaurants and video store to the north within the shopping center, Regional Related Commercial • (Subarea 4). South: Metropolitan Water District Reservoir, Light Industrial, Foothill Boulevard Specific Plan (Subarea 4). East Vacant land and single-family homes (across Etiwanda Avenue); Community Commercial, Foothill Boulevard Specific Plan (Subarea 4) and Low Residential, . Etiwanda Specific Plan. Fast food restaurants, retail, Food-4-Less grocery store within the shopping center, Regional Related Commercial, Foothill Boulevard Specific Plan (Subarea 4). , West Fast food restaurant, retail; Regional Related Commercial, Foothill Boulevard Specific Plan (Subarea 4), SITE CHARACTERISTICS: The subject site is within the Foothill Marketplace shopping center. Most of the surrounding lease spaces are occupied by a variety of fast food and retail uses and services. Exhibit "A" B•10 • • a I s,I • . ' March 19, 1993 . . • To Wnom It May Content: I From:The Beer Hunter Re: The Beer HunterPhilosophy is Concept . • " To Whom It May Concern: . Outline of the Philosophy and concept developed for the Beer Hunter Sports Pub Q Grill. Our mission statement and • goals are too, •Establish The Beer Hunter ac "the"Warr where friendtpather. To strive to he the.Host can's'', . and sueressful soon theme restaurant in America We exist to provide "vote"Mermen with the very finest in ' snorts entertainment, oua/irn!and uniour bevere_ves from around the.w'orld and most me all or mnuirnherr for • fun and enjoyment. all delivered with eceeenth:mai service b t• our friendly stall. ' As our company statement reflects the tone of the business,we are "The"Plait were friends gainer. We also go to . great lengths to ensure our guest have an environment with fun& enjoyment. With that in mind, thesnorts theme •' and the surrounding ambiance consist of several tools to achieve that. Using our La Quinta store as a model to explain our concept, we have five pool tables-loated round the dinning area as well as the sunken area below our ' bank of TV's suspended above for the ultimate viewing of spotting events, We also have one dartboard,one . basketball game, two computer golfgames, and one shuffleboard and one pinball machine. We have CA Lonery as well in all our stores. Our operation on a daily basis consists or6 to 54 employees per shit depending an weekdays and weekends. A normal day consisu of two shifts. ... . • The paint is, it must be a complete package that his all the ingredients to survive, in your city alone,you blow how many,businesses have come and gone. It takes a special Formula to survive in this transient environment. Though the • income from those machines equal only 2 v nereent of total sales,they arc'a necessity for the concept to work. We have=el been approached that we even resemble an arcade. The five games in La Quinn& in 1997, generated only . 53,400 of she 52,100,000 of total net sales. Again, it is a food eoneent with a sports theme, . , . What we have created is three fold; first being a place where one can enjoy great food at moderate prieokt;second, ' we have surrounded our guest with some form of distraction and amusement for their pleasure while wilting for the • arrival of their food;third, we have created the most incredible viewing for all live soonina events in the US. • Packaged with an aggressive food philosophy we feel we have a winning combination Our food concept starts with . a Breakfast menu served during football season. We have an outstanding lunch and dinner menu as well including • two to three specials daily. This menu is served sill 10pm every day of the year.From I Oom till tam, we offer a cafe menu with a limited number of our specialties. This menu works extremely well with the late night employees from the local hotels and other restaurants,as well as late night moviegoers. We have added banquet facilities to our . concept to capture more or the hotel and sports league business in the market place. We feel strongly that will- increase our food sales-dramatically. What we propose for all new locations is.four or five pool tables,one shuffleboard, one dartboard,two computer . golf games, one pinball machine,and possibly one foosball table if room allows. Our prototype location has a variety of TV's viewable throughout the restaurant and bar area. "• . The purpose for the CUP is for the sale of alcoholic beverages and an entertainment license. If you have any , • questions please feel free to:once= me. . Thank you, • Bob Thomas 17 Director of Operations ........ I • • Exhibit "5 . • iv Cc • NW Desert.CA Ter I • B"..761140•14i4 • F...76n-sa7.9,44 • p.nr torten 9ar.ual 1/1I2-3I9g .. B-1 1 TENANT LIST PREPARED FOR CITY r U":HO CUCAMONGA, COMMUNITY'S [C 'WENT DEPARTMENT FOOTHILL MARKETPLACE,RANCHO►4L. 4ONGA, CA UST OF ALL TENANTS WITHIN 300 FEET OF PROPOSED BEER HUNTER AT 12809 FOOTHILL BLVD. • LIST OF NAMES SUBMITTED BY LEASING AGENT Watson Breevast, 3600 Birch St,#250, Newport Beach, CA 92660 !ADDRESS I I !TENANT (SPACE NUMBER ISQ. FT. HOURS OF OPERATION 'r.` !MAJOR TENANTS • I VACANT IRCO-A 6,150 IN/A !FOOD 4 LESS IRCO-Al 50,000124 HOURS, EVERYDAY !MICHAEL'S JRCO-A2 _ 17,50019 AM TO 9PM. EVERYDAY • PETSMART IRCD-A3 I 25,05019 AM TO 9PM, EVERYDAY � I 12839 FOOTHILL BLVD. I SUBWAY JRCD-SB1A 1,176110AM TO 10PM, EVERYDAY VACANT JRCO-SB2A • 1,1761N/A VACANT IRCD-SB3A 1,1761N/A LA. NAILS . RCO-SB4A ,j 1,176 GAM TO 7PM, MON-SAT, .10AM TO 5PM, SUN 12809 FOOTHILL BLVD. . BEERHUNTER IRCO-SCIA-4A I 8.8690 1AM TO 2AM, EVERYDAY • '• (EXCEPT FOOTBALL SEASON, 9AM TO 2AM, SAT-SUN ' WOK INN JRCD-SCSA. l 1,6451 DAM TO 10PM, EVERYDAY • I 12799 FOOTHILL BLVD. SUZANNE'S FLOWER !RCO-3101A 1,176I9AM TO 6PM, MON-WED, 9AM TO 7PM, THU-FRI !FORMERLY CUCAMON FLOWER I 11 DAM TO 5PM, SAT. CLOSED SUNDAY !VACANT 1RCO-S02A I 1,1761N/A •• VACANT JRCO-SD3A J 1,176IN/A VACANT RCO-SD4A 11,176!_N/A I • 12759 FOOTHILL BLVD. I--1. . VACANT IRCD-SE1A I 1,7621N/A APPLE ONE IRCO-SE2A 1 • 1,782-7:30AM TO 5:30PM, MON-FRI . I 1ST-SAT OF MONTH, 9AM TO 3PM MAIL BOXES, ETC. RCO-SE3A 1 1,762IB:30AM TO 6PM, MON-SAT,•CLOSED SUNDAY FOOTHILL OPTICAL IRCOSE4A I 1,762 9AM TO 6PM, MON-SAT, CLOSED SUNDAY - HUNGRY HOWIES ' IRCOSE5A' 1,752I11AM TO 9PM, EVERYDAY VACANT RCO-SE6A 1,752 N/A • • • • • •I I i • 9/23/99 • • B-13 TENANT LIST PREPARED FOR C11 '-RANCHO CUCAMONGA, COMMUNFW V'MENT DEPARTMENT FOOTHILL MARKETPLACE, RANCI .J( ,ONGA, CA ' LIST OF ALL TENANTS WITHIN 300 FEET OF PROPOSED BEERHUNTER AT 12809 FOOTHILL BLVD. • LIST OF NAMES SUBMITTED BY LEASING AGENT � Watson Breevast,,3600 Birch St, G250, Newport Beach, CA 92660 • • • /ADDRESS I I - TENANT 'SPACE NUMBER'SQ. FT. ' HOURS OF OPERATION MAJOR TENANTS I . 'VACANT • 'RCD-A 1 6,150 IN/A FOOD 4 LESS 'RCD-A1 I 50.000124 HOURS, EVERYDAY MICHAEL'S 1RCO-A2 17,506'9AM TO 9PM. EVERYDAY • PETSMART 1RCO-A3 25,05019 AM TO 9PM, EVERYDAY 12E39 FOOTHILL BLVD. SUBWAY RCO-SB1A • 1,176 1DAM TO 10PM, EVERYDAY • . VACANT RCO-SB2A 1,1761N/A VACANT RCO-SB3A 1,176'N/A LA NAILS RCO-SB4A 1,1761 9AM TO 7PM, MON-SAT, 10AM TO 5PM, SUN I I • 12809 FOOTHILL BLVD. I � BEERHUNTER • •-IRCO-SC1A-4A • 13,8690 1AM TO 2AM, EVERYDAY . EXCEPT FOOTBALL SEASON, 9AM TO 2AM, SAT-SUN• WOK INN, 'RCO-SCSA 1,645 10AM TO 10PM, EVERYDAY 12799 FOOTHILL BLVD. SUZANNE'S FLOWER IRCO-SD1A 1,176 9AM TO 6PM, MON-WED, 9AM TO 7PM, THU-FRI • . FORMERLY CUCAMON FLOWER 10AM TO 5PM, SAT. CLOSED SUNDAY VACANT IRCD-S02A 1,176 N/A VACANT IRCO-SD3A 1,1761N/A • VACANT IRCO-SD4A I 1,176 N/A - 12759 FOOTHILL BLVD. I • I( . . !VACANT . IRCO-SE1A 1,7621N/A APPLE ONE • 'RCO-SE2A 1,76217:30AM TO 5:30PM, MON-FRI . — 11 ST SAT OF.MONTH, 9AM TO 3PM MAIL BOXES, ETC. ,'RCO-SE3A I 1,762 8:30AM TO 6PM, MON-SAT, CLOSED SUNDAY FOOTHILL OPTICAL IRCO-SE4A 1,762 9AM TO 6PM, MON-SAT, CLOSED SUNDAY HUNGRY HOWIES . • 'RCO-SESA ' 1,762 11AM TO 9PM, EVERYDAY VACANT . • 'RCO-SESA 1,762 N/A • �. ' I • • at Exhibit "F" .i c illo `� 8-17 ` RESOLUTION NO. 99-26 A RE SOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE • PEERMIT NO. 99=43, AR REQUEST TO ESTABLISH A SPORTS BAR, ARCADE, AND BILLIARDS IN CONJUNCTION WITH A RESTAURANT IN AN EXISTING BUILDING WITH AtEASED SPACE OF 8,8889 SQUARE FEET, LOCATED AT 12809 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 229-031-14. A, Recitals. 1. Bob Thomas of the Beer Hunter has filed an application for the issuance of Conditions Use Permit No. 99-43, as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On November 23, 1999, the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. • 3. • All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Planner of the City of Rancho Cucamonga as follows: . 1. This City Planner hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and Correct. I • 2. Based upon substantial evidence presented to the City Planner during the above- . referenced public hearing on November 23, 1999, including written and oral staff reports, together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to propety located at 12809 Foothill Boulevard and adjoins the main pedestrian plaza for the Foothill Marketplace shopping center, and b. The property to the north of the subject site is designated for commercial uses and is developed with offices, a church, retail, and a service station; the property to the south consists of a Metropolitan Water District reservoir, the property to the east is developed with single family homes; and the property to the west consists of other lease spaces within the Foothill Marketplace shopping center, and c. The proposed uses consist of full bar and restaurant services, and sports related arcade type activities entertainment (no five entertainment). d. The proposed uses would be compatible with surrounding land uses. • Restaurants serving alcoholic beverages are allowed in the Regional Related Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Permit application; and • • B-18 CITY PLANNER RESOL44 N "O. 99-26 . CUP 99-43 - BEERHUNT9k'Si ..RTS PUB & GRILL November 23, 1999 Page 2 • f. The subject property is within a designated Activity Center pursuant to the • .Foothill Boulevard Specific Plan. g. The development of the sports bar is consistent with the Regional Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and • h. The application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code. 3, Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a, The proposed use is in accord with the General Plan, the objectives of the Development Code and the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located in that the use provides a neighborhood/district level commercial service including commercial recreation activities. b. The proposed use together with the conditions applicable thereto, will not be detrimental to the public health,. safety, or welfare or materially injurious to properties or improvements in the vicinity because the applicant will implement a security system and certain site . improvements to control activities related to the use; and • d. The proposed use complies with each of the applicable provisions of the • Development Code and the Foothill Boulevard Specific Plan. 4. The City Planner hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the building promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Planner Commission hereby approves the application, subject to each and every condition set forth below and in the Standard Conditions attached hereto and incorporated herein by this reference: Planning Division 1) No outdoor serving of alcoholic beverages shall commence until all conditions have been met, to the satisfaction of the City Planner. 2) The days of operation shall be limited to Sunday, through Saturday . between the hours of 11:00 a.m. and 2:00 a.m. and shall be limited during football season (September through January) from 9:00 a.m, to 2:00 a.m. 3) No adult entertainment, as defined in the Rancho Cucamonca Municipal Code, Section 17.04.090, shall be permitted. • B-19 I I um• ncovw vry rvv. 99-eb • CUP 99-43 - BEERHUNTt_. °ORTS PUB & GRILL November 23, 1999 • • Page 3 • • 4) The area designated for outdoor serving of alcoholic beverages may be enclosed for security. Any security fencing shall be decorative wrought iron railing or similar decorative material and shall not conflict with pedestrian passageways or other businesses. The specific type, design, and placement of any enclosure shall be subject to City Planner review and approval. 5) Outdoor furniture associated with the proposed outdoor dining shall be limited to the number and location on the approved Site Plan, shall be • designed to withstand high Santa Ara winds, and shall be consistent • with the Foothill Marketplace design theme to the satisfaction of the City Planner. 6) Roof screening shall be provided on all sides to screen views of any new rooftop equipment (including satellite dishes);if needed. The final design of the screen shall be reviewed and approved by the City Planner. • • • 7) If the operation of the business creates law enforcement and/or fire safety problems, such as, but not limited to; loitering and disturbances; noise, overcrowding, blocked fire exits, etc., the Conditional Use Permit ' shall be brought before the City Planner for consideration of modification and/or revocation. . 8) No person under 1B years of age may enter, be in or remain in any part • of a sports arcade or billiards area during the hours school is in regular • session and after curfew. This limitation shall be prominently posted at the entrance of the facility, in letters not less than 1-inch in height, and shall be enforced by the adult supervisor. . • • 9) Chance-making or token exchanoe facilities shall be provided for patron use inside the premises, • 10) Access to the sports arcade and billiard area must be provided for safe and convenient patron circulation and shall meet the following minimum standards: a) Amusement devices shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent • building or portion of a building. b) Provide a minimum of 60 inches between amusement devices and any entrance or exit. • c) Where amusement devices are located along one side of an aisle, provide a minimum unobstructed aisle width of 66 inches, Where amusement devices are located along both sides of any i aisle, provide a minimum unobstructed aisle width of 90 inches. • • • B-20 CITY PLANNER RESOL4y IN "O. 99-26 r • CUP 99-43 - BEERHUNTLIK Si ,RTS PUB & GRILL November 23, 1999 • Page 4 • d) Additional interior clear space may be required by the Building • Ofridal, Foothill Fire District or Sheriffs Department in order to • maintain public safety. 11) No amusement device shall be used for purposes of or in connection with gambling. The winning of anything of value shall constitute gambling, except the winning of a prize in a scheduled tournament. 12) Approval of this request.shall not waive compliance will all sections of the Development Code and all other applicable City Ordinance in effect • at the time a Certificate of Occupancy is granted. • 13) This approval shall run with the applicant and shall become void upon a change of ownership if the business operation ceases. 14) The parking lot shall be posted No Loitering" in letters not less than 1-inch in height on signs, to the satisfaction of the City Planner and Sheriffs Department. • 15) Use shall not commence until such time as all conditions herein, • Uniform Building Code and State Fire Marshall regulations have been. complied with. The premises and the grounds shall be inspected for compliance prior to commencement of use. • 16) Any modification to the approved plans after occupancy of the building • may require additional review and/or permits from the Rancho Cucamonga Fire Protection District and the Building and Safety • • Division. • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER, 1999. BY' 9Acriia$er, Oi v P aafter ATTEST: ' _ - • Lois J. Sth ader I, Lois J. Schrader, Secretary to the Planning Division for the City of Rancho Cucamonga, do hereby . certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the . City Planner of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of November 1999. • • • B-21 • COMMUNITY DEVELOPMENT r. j ••• DEPARTMENT • • • STANDARD CONDITIONS PROJECT#: Conditional Use Permit 99-43 • SUBJECT: Soorts Bar APPLICANT: The Beerhunter Soorts Bar and Grill LOCATION: 12809 Foothill Boulevard ALL OF THE FOLLOWING CONDITIONS;APPLY.T'O YOUR P.ROJECTi • APPLICANT SHALL CONTACT THE PLANNING DIVISION,(9Q9)477-2750,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits • Cemobtion Dots 1. Approval shall expire, unless extended by the City Planner, If building permits are not issued or / /_ • approved use has not commenced within 24 months from the date of approval • • 2. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/ / building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. • B. Site Development • • 1. The site shall be developed and maintained in accordance with the approved plans which include / /_ site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Foothill Boulevard Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions / / of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and I / State Fire Marshal regulations have been compiled with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy, 4. Approval of this request shall not waive compliance with all sections of the Development Code, / I_ all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the • time of building permit issuance. Sc.acsas 1 • • • B-22 • [ Project No. CUP 80.43 , . ` S Completion On • C. Shopping Centers • 1. A uniform hardscpe and street furniture design including seating benches, Sash receptacles, _/ !_ • free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 2. Graffiti shall be removed within 72 hours. 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / / debris remain for more than 24 hours. --- 4. All operations and businesses shall be conducted to comply with the following standards which . shall be incorporated into the lease agreements for all tenant: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/ /_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7a.m.until 10 p.m. • b. Loading and Unloading-No person shall cause the loading, unloading, opening,closing, / /_ or other handling of boxes, crates,containers, building materials, garbage cans, or other sirhitar objects between the hours of 1D p.m.and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. D. Building Design • 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or / /_ . projections, shall be shielded from view and the sound buffered from adjacent properties and • streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be • included in building plans. • E. Landscaping • • 1, All walls, fences,and railings shall be provided with decorative treatment. / / APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT,(909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. General Fire Protection Conditions • 1. An automatic fire extinguishing system(s)will be required as noted below X Per Rancho Cucamonga Fire Protection District Ordinance 15. / / Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing,spray painting,flammable liquids storaoe,high plied stook,etc. Contact • the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. 2. Sprinkler system monitoring shall be installed and operational immediately upon completion of / /_ sprinkler system, 3. A fire alarm system(s) shall be required as noted below: SG 4.=5/99 2 • • B-23 CUP 90.47 Completion Date X Per Rantho Cucamonga Fire Protection District Ordinance 15. I I_ X California Code Regulations Title 24. • —/ / u NFPA 101 4. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall / / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific -- details and ordering information. 5. Fire District fee(s),plus a$1 per"plan page"microfilm fee will be due to the Rancho Cucamonga / / Fire Protection District as follows: X $132 for Conditional Use Permit —Note: Separate plan check fees for Tenant Improvement work, fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews Will be assessed upon • submittal of plans. 6, Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, UFC, / / UPC, UMC, and RCFD•Standards 32 and 15 and 199E NEC, • G. Special Permits • • 1. Special permits may be required, depending on intended use, as noted below: Places of assembly(except churches,schools,and other non-profit organ±ations). / /_ • NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS,FIRE PROTECTION • SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY • CONSULTANT REVIEWS WILL SE ASSESSED UPON SUBMITTAL OF PLANS. • NOTE: A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW • CONSTRUCTION PROJECTS AND FOR EXISTING BUILDINGS WHERE • - IMPROVEMENTS BEING PROPOSED WILL GENERATE 50 CUBIC YARDS OR MORE OF COMBINED CUT AND FILL THE GRADING PLAN SHALL BE PREPARED,STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. • • • • • S$2599 _ 3 B-24 • • DONALD J. KURTH, M.D. _ Mayor ProTrm L. DENNIS MICHAEL • Councibnembers REX GUTIERREZ SAM SPACNOLO • L — •� DIANE WILLIAMS City Manager THE CITY OF RANCHO CUCAMONGA JACK LAM, AICP RANCHO C',UCAMONGA January 27, 2010 Jesus Roig The Beer Mug Sports Pub & Grill 12809 Foothill Boulevard, # CI-CY • Rancho Cucamonga, CA 91739 SUBJECT: CONDITIONAL USE PERMIT 99-43 - NOTICE OF VIOLATION Dear Mr. Roig: • It has recently been brought to the City's attention that your business operation is not in compliance with Conditional Use Permit 99-43, approved by the Planning Director on November 23, 1999. The approval of this Conditional Use Permit,which is attached, limited the operation to a sports bar with arcade and billiards. An Entertainment Permit was submitted with the application; however, this application was subsequently . withdrawn by the applicant. Therefore, no live entertainment as defined by Section 5.12 of the City of Rancho Cucamonga Municipal Code, is permitted: •This letter is to serve notice that all live entertainment activities must cease and desist immediately, and the business operation must be brought into conformance with the approved Conditional Use Permit 99-43. Should your business operations not be brought into compliance, the City will seek further action, including but not limited to, the revocation of Conditional Use Permit 99-43. Should you wish to modify the Conditional•Use Permit to include live entertainment, a new Conditional Use Permit and Entertainment Permit application must be submitted to the Planning Department for review by the Planning Commission. If you have any questions regarding this letter, or would like to set up an office conference, please feel free to contact the project planner, Adam Collier or Larry Henderson, Principal Planner, at(909)477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, • PLAN ' G DEPARTMENT Jame - Troyer, AICP dier) Plan frg Director JT:AC/ge Attachment •c: Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Kurt Keating, Code Enforcement Supervisor EXC-Inj �o ix 807 • Rancho Cuamonga,CA 91729-0807 •Tel 909-477-2700 • Fax 909-477-2849• www.ciryofrc.us HIBIT B B-25 A ayou "" DONALD 1. Kui rHl, M.D. Mnpor Pro Tenr L. DENNIS MICHAEL Cmmrihnembns REX GuTIERREz S . SAM SPACNOLO a 1'1_}.. DIANE WILLIAMS _l City A LAM,THE CITY OF RANCHO CUCAMONGA JACK Lnrol, AICP _a RANCHO CUCAMONGA . February 23, 2010 The Beer Mug Attn: Jesus Roig 12809 Foothill Boulevard, #C1-C4 Rancho Cucamonga, CA 91730 . SUBJECT: NOTICE OF VIOLATIONS —THE BEER MUG — 12809 FOOTHILL BOULEVARD, #C1-C4 • Mr. Roig: The City of Rancho Cucamonga is in receipt of the letter from your attorney dated February 4, 2010. After reviewing the letter,and based on the recommendations from the City's legal counsel,we have determined that the City's issuance of CUP 99-43 superseded CUP 97-30;therefore, ownership of the property was assumed subject to CUP 99-43. Second, based on review of Municipal Code Section 5.12,staff has determined that the Entertainment Permit is deemed to run with the permittee as it is a business regulation rather than a land use permit. Therefore, the renewals issued for Entertainment Permit EP 97-03 were issued in error,and no Entertainment Permit exists for the property because EP 97-03 expired when the property was sold. •taff requests that should you desire to operate with live entertainment,an Entertainment Permit must be submitted to the Planning Department for review by the Planning Commission. Submittal of an Entertainment Permit necessitates the modification of CUP 99-43 concurrently with the Entertainment Permit application. Until such time that the Planning Commission has reviewed your Entertainment Permit application, all entertainment activities as defined by Section 5.12 of the City of Rancho Cucamonga Municipal Code must cease and desist immediately. If you have any questions regarding this letter, or would like to set up an office conference, please feel free to contact the project planner, Adam Collier, or Larry Henderson, Principal Planner, at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLANNING PDAE.PARTMnENT (��( • • Jam R.Troyer, AICP Plan ng Director JRT:AC/ge . Attachment C: Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Kurt Keating, Code Enforcement Supervisor 1( EXIT Bills G nong 1729-0807 •Tel 909-v _2700 • Fax `709-i;--'_S4`)• www.ci[rofreus �<3 ll) B-26 9, • • Mayor DONALD J. KURTH, M.D. • Mayor Pro Tem L. DENNIS MICHAEL • Caunei!membcr• REx G UnIEUCEz r;C Jn^.;N S PAc-."L:: • DIANE City WILLIAMS ILLAM. THE CITY' OF RANCHO CUCAMONGA JACK LAM,AICP • . • RANCHO • CUCAMONGA . COMPLIANCE ORDER r P • The Beer Mug Sports Pub & Grill Attn: Jesus Roig • • 12809 Foothill Blvd., #CI-C4 Rancho Cucamonaa, CA 91739 RE: 12809 Foothill Blvd., #C1-C4 / APN# 0229-031.33 . Case # COD2010-00811 . • As the last known occupant and/or owner(s) of the property located at 12809 Foothill Blvd., #C1-C4, Rancho Cucamonga, California you are hereby informed that the City of Rancho Cucamonga has determined that violation(s) of the Municipal Code exist upon said property. • It has been brought to our attention that the attached list of violation(s) remains uncorrected and continues to constitute a violation(s). Each of the violation(s) must be • brought-into compliance by April 13, 2010, or the following action will occur: ' Administrative Citation and Fine — An Administrative Citation will be issued. The fine amount for each section violated shall be in the amount of $100 for a first violation; $200 for a second violation of the same provision of this code within a twelve-month period; and $500 for each additional violation of the same provision of this code within a twelve-month period. Fines can increase to $100, $500, and $1,000, respectively, where the infraction is a violation of a building and safety code of the city. • • Right of Appeal - You have the right to appeal an administrative citation no later than twenty (20) calendar days from the date of issuance of the citation. Administrative Hearing or Waiver forms can be requested from the City Clerks Office by calling (909) 477-2700, by mail or in person at 10500 Civic Center Drive, P.O. Box 80, Rancho Cucamonga. • The administrative hearing will follow the procedure set forth in Chapter 1.12, Section 16 of the Rancho Cucamonga Municipal Code. • EXHIBIT D • PC �O/�5 r'D B 27- a Cucrmnng.,, vn 7--9-0507•Tel 909-477-2700 • Pax 909-177-2549 -www.aryorrL.uz tk Further, any violation of the City's code(s) are• infraction/misdemeanor offenses • which are chargeable in a court of law and subject to the penalties thereof. If you have any•questions regarding this notice, please contact the undersigned at (909) 477- 2710, ext. 4259. Sincerely, • Alicia Reinter • Code Enforcement Officer • cc: Kurt Keating, Code Enforcement Supervisor James Troyer, Planning Director • Nicholas Clark, Deputy Sheriff •Ron Wright, Deputy Sheriff • • • • • • • • • • • B-28 • CITY OF RANCHO CHO CuCAMONGA - Code Enforcement Division CONDITIONAL USE PERMIT VIOLATION 12809 Foothill Boulevard, # C1-C4 Case #COD2010-00811 R.C.M.C. Section 5.12.010 — Permit Required "No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit" 1) All entertainment activities shall cease and desist immediately. • • • • • • • • • • • B-29 1 of 1 CITY OF RANCHO CUCAMONGA • I; ! 10500 Civic Center Drive, P.O. Box 807 RnNCi,o ' Rancho Cucamonga, CA 91729-0807 CI ICAMONC:A (909) 477-2712 (-•N.1k)IN:A. PROOF OF SERVICE • I certify and state that I am and was at all times, herein mentioned, over the age of 18; employed in the County of San Bernardino, State of California; my business address is 10500 Civic Center Drive, Rancho Cucamonga, CA 91729; and that I am not a party to the matter in which this • service is made. //��, I further certify that on U 00- ' I served the following document • IS COMPLIANCE ORDER / ❑ ADMINISTRATIVE CITATION • D BY MAIL By depositing in the United States Postal Service mail box at 10500 Civic Center Drive, Rancho Cucamonga, 0 the original ❑ a true and correct copy thereof in a sealed envelope with postage thereon fully prepared and addressed as follows: .1csi4s i2oi� ��133o r >ctsc� t StY�' f'K Salmi LLG 2,,crsictc, Cd- A25045 77 v\./. Warta-- ©rwc-.4%2527 On iraoJp, t.L Io0(pot d1 BY PERSONAL MAIL jERVICE By personally delivering e original ❑ a true and correct copy thereof to the addressee(s) as follows: • -Tyr- M u, o rte 4 Ulo 91 Con I\ P- : JUL-4-5 Qo;9 (2 3oa mq r3 ■va4 - 1 Cl-C4 p'( 6;,0 CL«n-'01-,na I C_A• c1i-739 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Rancho Cucamonga, California.on ;.I 7:0 .1 i 0 t ! nom haren Tarlton j '1 Print name ' Signature • • B-30 • THIS PAGE INTENTIONALLY LEFT BLANK • •. B-31 • DONALD J. KURTH, M.D. Mayor Pro Tern L. DENNIS MICHAEL Councilmrmbcrr � REX GUTIERREZ Ct�7 SAM SPAGNOLO DIANE o,Manager WILLIAMS HE CITY OF RANCHO CUCAMONGA Ci •L. JACK LAMM,,AJCe AICP RANCHO • CUCAMONGA May 26, 2010 Jesus Roig The Beer Mug 12809 Foothill Boulevard, #C1-C4 Rancho Cucamonga, CA 91739 SUBJECT: STATUS OF COMPLIANCE- CUP 99-43 Dear Mr. Roig: In response to our May 3, 2010 meeting, City Staff has prepared this letter outlining the compliance issues for your business located at 12809 Foothill Boulevard. Please find attached to this letter a copy of the previous CUP 99-43 Staff Report and Planning Commission Resolution#99-26. We previously sent you a copy with our Notice of Violation letter dated January 27, 2010. Based on the site visits from staff and review of the approved Conditional Use Permit 99-43, staff has identified the following compliance issues: •1. No valid Entertainment Permit exists for the property. Staff recognized that an error was made in issuing a renewal for an Entertainment Permit that was no longer valid in its letter dated February 23, 2010, however, staff requested that an Entertainment Permit application be submitted and all entertainment activities cease and desist until such time the Planning Commission reviews, and acts favorably on, a new Entertainment Permit application. To date, an Entertainment Permit application has not been submitted as requested in the letter dated February 23, 2010, and entertainment is still ongoing. 2. Modifications to the approved Floor Plan of CUP99-43 including, but not limited to, removal of dining areas, addition of a dance floor and stage, addition of a DJ booth, and relocation of the bar area without the benefit of Planning Commission review and approval. Based on the above compliance issues, staff is requesting that you submit a Non-Construction Conditional Use Permit application and Entertainment Permit application in order to bring the property into compliance as previously requested in our letter dated February 23, 2010. See attached copies of the Uniform Application and submittal checklists. Staff has requested a continuance of the May 26, 2010, Planning Commission hearing for the review of CUP99-43 on the basis that these applications would be submitted for Planning Commission review. Staff will be presenting a staff report to the Planning Commission on June 9, 2010, outlining the status of your submittal as well as the current compliance issues. We cannot overstate the importance of bringing your business into compliance with the applicable Building, Zoning, and Municipal Codes. And because these issues have direct implications on the health and safety of the persons who patronize your business, we must ask that you do everything within your power to expedite Obese applications for Planning Commission review. Accordingly, we expect you will submit the plans we EXI-I I B I T E Cucamonga, CA 91729-0807•Tel 909-477-2700 • Fax 909-477-2849 • www.ciryofrc.us c ( la3110 B-32 STATUS OF COMPLIANCE — CUP99-43 JESUS ROIG — THE BEER MUG May 26, 2010 Page 2 • described above, as well as an application for an Entertainment Permit, before the June 9, 2010 Planning Commission meeting. Likewise, the City staff and the Sheriffs Department are concerned about the frequency and severity of the calls for service at your business, and ask that you present to staff and the Sheriffs Department a security plan prior to the June 9, 2010 Planning Commission meeting. Again, we cannot overemphasize the importance of addressing these health and safety concerns as soon as possible because of the direct implications for the public's health and welfare. As we stated at our meeting on May 3,' 2010, the City and staff are willing to work with you so that your business can thrive and at the same time comply with the City's Codes and regulations. In order to assist in bringing your business into compliance, the City has unilaterally continued the revocation hearing scheduled for May 26, 2010, to June 9,2010. This continuance is not an endorsement of any action or activity currently occurring at the Beer Mug, and the City again requests that you cease all live entertainment until such date as you apply for and obtain an Entertainment Permit. If you have any questions, please contact your project planner, Adam Collier, at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLANNING DEPARTMENT • 4Vet-A--) • Jam R. Troyer, AICP Planning Director JRT:AC/ge Attachments: CUP 99-43 Staff Report dated November 23, 1998, and Resolution #99-26 Uniform Application Submittal Checklist for Non-Construction CUP and Entertainment Permit c: Kurt Keating, Code Enforcement Supervisor Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Ryan Kroll, Attorney for Mr. Roig • B-33 • . V 15-10453.a...ten LORD 10.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER.STATION • SHERIFF'S DEPARTMENT ❑ M PO 684/187 ATTEMPT MURDER 110912659 NTY OF SAN ERNARDINO,CA ❑ Mar DA ORM CRE REPORT 4,ASSIGNED MD-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT T.REPORT 019T. 'm°°° 10/18/2009 01:47 10/18/2009 01:50 04 059 S.OCCURRED DAYOF-WEEKIMO.OAY-YEASUTIME Y.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY SUN 10/18/2009 01:30 10/18/2009 01:46 12809 FOOTHILL BLVD,RANCHO CUCAMONGA SUN 10/18/2009 01:40 CODES FOR BOXES 12&V ARE: V • VICTILI W • WITNESS RP • REPORTING PARTY DC = DISCOVERED CRIME IP • INVOLVED PARTY ✓ 11.NAME:LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS( 12. 13.RESIDENCE ADDRESS-STREET-GTTY-ZIP 14.RESIDENCE PHONE I V SEE NAMES IN CONTINUATION T , M15.OCCUPATION 16.RACE/SEX 17.AGE 18.DOB M-D-YR 19.BUSINESS ADDRESS-STREET-CITY-ZIP 120.BUSINESS PHONE w 71.NAME:LAST FIRST.MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CRY-ZIP Q4.RESIDENCE PHONE T V SEE NAMES IN CONTINUATION H E S V.OCCUPATION I26.RACE/SEX IV.AGE la DOB MUYR 29.BUSINESS ADDRESSSTREET-CRY-ZIP • ro.BUSINESS PHONE 9 31.SUSPECT NO.1 LAST.FIRST MIDDLE 32 RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT It HAIR 37.EYES 33.DOB M-0-Y 39.ARRESTED 40.WTERVIEW ED all _ Ila a SIR mil ©YES❑NO ©YES C NO 5 U 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S E 43.SUSPECT NO.2 LAST.FIRST MIDDLE 44,RACES .O EX 45.AGE 45.HEIGHT 47.WEIGHT a.HAIR B.EYES 50.DOB M -Y 51.ARRESTED 52.INTERVIEWED C 1.11.11111111111111111a Q N Oa arla OW A 0 YESDNOYESCNO T S 53.RESIDENCE ADDRESS•STREET-CRY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 1SS:CH=CK.W'MORE NAMES INCONnNUATID.N"'. YES ND•.'.^ -•L ': •"•' : 456TADOMONALVFORMnON"AI/VICTIM. )1®wrTNEsS`•'1ZjOFF.IMER 110 OTHER.[ 1.57i-PHYSI,ALEVIDEN'.E RECOVERED'+JWYES :a.'NO. • Sa'PHOTOGRAPHS TAKEN `'•)AYES' U NO' 59 LATENT PRINTS LIFTED UYE9• 1D.NO.. N i VEHICLE 61COlOR J'. 62 YR: 163 MACE••. MODEL'4 513094iYPE iICENSE3: 57:STATE• a DMNGE/ODDRY/ACCESSORIES OSBERY WEAPON: C FIREARM • C OTHER DANGEROUS WEAPON LOCATION:C HIGHWAY DOTHER BUSINESS 0 SERV.STATION 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC. C T0.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUFFING INSTRUMENT C OTHER DANGEROUS WEAPON 0 RANDS/FEET 0 SIMPLE/NO INJURY R71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-ND FORCE 0 RESIDENCE 0 VEHICLE M 0 UNKNOWN 0 ATTEMPT BY FORCE 0 NON-RESIDENCEIBUILDING) E 72 LARCENY 0 0 PURSE-SNATCH ❑ FROM MOTOR VEHICLE • 0 MOTOR VEHICLE PARTS 0 FROM CCO.OPERATED MACHwES 0 ALL OTHERS NOT SHOPL/FT OR mACHINES 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY.NOTES I TV.STEREO.ETC. S CONSUMMABLE GOODS S S • S JEWELRY S FIREARMS $ LIVESTOCK S T VALUES CLOTHING.FURS S HOUSEHOLD GOODS I OTHER MISC,. S A T OFFICE EQUIPMENT T 0 IDENTIFMBLE PROPERTY TAKEN❑NCIC ENTRY COMPLETED TOTAL 5 S 74.DOMESTIC VIOLENCE 11WRIE5 0 NONE 0 MINOR 0 MAJOR WEAPONS: C YES 0 NO - 75.PEACE OFFICER ASSAULTED/ARSON 0 YES IF YES.COMPLETE BOXES 1.2.3,4.AND 34 OR 35 ON GRA FORM. _ 76.SYNOPSIS On the above date and time an altercation ensued in the parking lot at the above location.After the ahercation,witnesses saw ad.and- s begin to fire several shots.There were a total of five victims found to have been shot and transported to local hospitals.Witnesses positively identified Y ap and Se as being the shooters.The hand gun used was a high caliber revolver. N O P Both suspects were located by Fontana Police Department at a near by Denny's restaurant and were detained.M infield line-up was conducted and 5 the suspects were positively identified and arrested. s i. ARS RMS STAT SCAN 77,REPORTING OFFICER - 76.E3 .tl 75.DATE a0.R�^`�'ED Y DATE 61. UTEO TO MALENSEK D3387 j 10/18/2009 I ;� J ' \O i �\ SUBMIT TOD/A DOTHER �+/ ii 4 LLL moo DIATE FOLLOW uP Xp n; to B34 CASE NO. - SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA CA 03600 Page 1 • CODE SECTION RC059 CRIME • PC 664/187 Attempt Homicide 1 VIC104'S NAME-LAST NAME FauT NAME _Felony MIDDLE NAME (FIRM NAME IF BUSINESS) AD RESIDENCE PHONE CASE SUMMARY: On 10-18-09,at approximately 0146 hours, Rancho Cucamonga deputies received a call for service at "The Beer Mug" sports bar located at 12809 Foothill Bl. in the city of Rancho Cucamonga. When deputies arrived, they saw five victims suffering from gunshot wounds. Victim#1 shot in lower back and leg. Victim#2at11111111111a-shot in left leg. Victim#3—, - shot in right leg. Victim#411111aj--shot in left leg. Victim#5 , Shot in right leg. Victim and a friend—were leaving the bar and walking to their vehicle. As they were walking, two black males flipped them off and were flashing gang signs. got into an argument with one of the subjects,whileSretrieved his vehicle and drove it toward the front of the business. Security became aware of the disturbance and came outside. Security came outside to remove the subjects from • the area. Additional patrons including—(who is a bouncer at the bar, but was off that night) came to assist his co-workers with the aid of additional family members. As the security personnel were walking toward the subjects, the subjects began to retreat to the parking lot and to their vehicles. During this time a black male subject went to a is registered to-and removed a large revo ver handgun, and began firing several times at the Vehicle striking the above victims. One shot went through the window of the business next to the bar(The business "Saigon restaurant"was closed for the night and no one was inside). The shooter and a second subject got into the same vehicle and fled the location. A few minutes later, the Mitsubishi Eclipse was located by the Fontana Police Department parked at the Denny's restaurant located at 13479 Baseline Rd. in the city of Fontana where two black male subjects were being detained. They were identified as illai1PellbpalliIllpan as they attempted to walk away from the business. When contacted both subjects denie any connection to the white Mitsubishi Eclipse parked in the parking lot of Denny's. REPORTING OFFICER REVIEWED BY D.Parkisoo P1651 110-18-09 I TYPED BY ROUfFD BY Dpi FURTHER ACTION: COPIES TO 0 Omer 0 sci REMARKS ❑ YES D No D Da v< D ea Dome 15-1534-401 Rav, IB3 0 Die.Atty. D Pipal • B-35 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA CA 03600 Page 2 RC059 E SECTION CIUME CLASSIFICATION PC 664/187 Attempt Homicide Felony VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME U BUSINESS) ADD RESIDENCE PHONE CASE SUMMARY CONTINUED: When patted dowahad the keys to a vehicle in his pocket. The alarm on the key chain disabled the alarm to the white Eclipse with California license plate number .Both subjects were detained. An infield line-up was conducted in the Denny's parking lot. A witness positively identified as as the shooter and as the driver of the White Eclipse. Another witness identified both subjects as the same suspects who fled in the white Eclipse, but could not identify which on was the shooter. Numerous subjects were interviewed at the scene, and placed both U and.as the shooter. Witness Gliga WOOD described a subject matching while her brother1111111111111111M,described was the shooter. As of this timeallashas been the only person to positively IDS from a six pack as the person who shot her. During the interview withandalgalt admitted to being at the bar, but denied being any .ltercation or shooting at anyone. stated there was a big"Racial Fight" between the blacks and 'spanks, but he too denies shooting anyone. oth suspects were placed into an interview room together and their conversation was recorded.1111111111111S told that if the bar had surveillance cameras he was"Fucked", and was going to do 25 years. Victim'sails and111111.11were transported to Arrowhead Regional Medical Center, while the remaining three victims were transported to Loma Linda Medical Center. was rushed to emergency surgery and as of40-20-09, is still listed in critical condition. All the other victims were treated and released for there injuries. cell phone was taken as evidence after being arrested at the Denny's. In the cell phone was a picture of a large caliber silver revolver and a black assault weapon. In addition to these pictures we also located several calls to and fromiNINIIIIIrelleadmitted ands were the youngsters he came to the aid of during the altercation at the bar but did not have any information about them. could not recall who the other people he was at the bar with the night of the incident. REPORTING OFFICER DATE REVIEWED BY TYPED BY _I ROUTED BY I DATE D.Perkison 1'1651 10-18-09 FURTHER ACTION: COPIES TO: REMARKS ❑ Odic ❑SD/PD ❑ YES ❑NO ❑ DCUSOVC ❑ en ❑ DYnQ 84-401 Rcv. I/R7 ❑ DA Any. ❑ Pvwl B-36 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA CA 03600 Page 3 RC059 • CODE SECTION CRIME CLASSIFICATION PC 664/187 _ Attempt Homicide Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) SPOONS ADDRESS RESIDENCE PHONE CASE SUMMARY CONTINUED: Through the investigative leads we were able to identify Idle" as Slilli'iv — brother and lives at the same address o . On 10-19-09 a search warrant was served at theeaddress."was arrested for possession for sales. A shotgun and a rifle were Iocated in the garage and taken as evidence. Witnes es identified both[and—as the shooter. Both suspects fled in r alifornia license plate number, and were eventually located at a near y restaurant. • • REPORTING OFFICER DATE REVIEWED BY I TYPED BY I ROUTED BY I DATE D.Pnrkison P1651 1 10.18-09 - JI FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ Dcrmtiv, ❑ CII ❑Other 15.15184-401 Rev. 1/13 ❑ Deg.Atty. ❑ Pntrol • B-37 CASE NO. SHERIFFS DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA • CA 03600 Page 1 RC059 CODE SECTION CRIME CLASSIFICATION PC 664/187 I_Attem_pted Murder Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • Assignment/Arrival: On 10-18-09 I was assigned to uniform patrol in the city of Rancho Cucamonga between the hours of 2100 and 0700 AS 11P14, At 0147 hours I was dispatched to 12809 Foothill Boulevard (Beer Mug) reference a shots fired call. I arrived on scene at 0150 hours. Observations: When I arrived on scene, I observed several subjects running around and towards the entrance of the . Beer Mug. As I walked up towards the front doors of the entrance to the Beer Mug, I saw a Hispanic male lying down on the floor just west of the doors inside the location. The subject appeared to have been shot and a blood on his leg. He was holding a white towel on his wound and I advised the paramedics were on there way. As I continued inside, I saw another female lying inside past the door way just east of the doors. She was a Hispanic female and appeared to have-been shot and was • leeding from the leg. She had her leg elevated and had a white towel on her wound. There was veral subjects inside and they were order to the west side of the establishment and to get there rivers license or there identification out. I went back out side and started to set up the crime scene. Rancho Fire arrived and treated victims and AMR arrived and transported victims to local hospitals (Arrowhead Regional Medical Center and Loma Linda Medical Center). • Scene: The business at the location is named the Beer Mug, which is a sports bar. The business is located on the south side of a shopping center. The front entrance to the business faces north towards the parking lot. The business has a tan stucco exterior with white stucco trim. In front of the business is a large two level sitting area with several sets of stairs and multiple planters. Crime Scene Sketch: See crime scene sketch for further. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE T. MALENSEK �• 10.16.09 FURTHER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 64401 Rev. 1/53 ❑ Din Atty. ❑ Petrol • i B-38 CASE ND. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA • CA 03600 Page 2 RC059 CODE SECTION CRIME CLASSIFICATION PC 864/187 Attempted Murder I Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Witness statement: . I contacted Inside of the Beer Mug and the following is a summary of his statement. He stated he went to the Beer Mug with his friends to celebrate a friend's birthday. As the bar was closing, he and his friend ow headed out to the parking lot to get his vehicle. As they were walking to the parking lot there he noticed two black male adults flipping him off and throwing up gang signs. He did not remember what gang the subjects were saying they were from. The black male subjects began to argue and yell at him and his friend. He walked away and went to his vehicle and pulled it around to the front of the bar. He saw an still arguing with black male subjects in the parking lot • and got out of the vehicle and walked over towardsis. Both black male subjects were stilling yelling and shouting out unknown gang names along throwing gang signs. I asked him how he knew • it was a gang sign and he stated it was only obvious but I could not make it out% • His friend 11111Sa T got into the argument with the black male subjects. While they were arguing several other friends were coming out of the bar and started welkin tows the subjects arguing. He saw one of the black male subjects walk over to a white nknown plate and open the driver side door. He stated the subject grabbed unknown item from the vehicle and turned towards the crowd of people while his right arm was tucked down towards the right side of his leg while walking towards his friends and the crowd. The black male subject began yelling and started to raise his right arm in the air. As his right arm was coming up, he saw a gun in his hand. He could not make out what kind of gun it was and he began to grab his friend a As he grabbed—he heard several shots being fired towards them. He anderan towards the front doors of the bar to go hide inside. He could not remember how many shots were fired but he heard at least 4-5 shots. As they got to the front doors of the bar, he saw that a had been shot in the leg and he ran and asked for help for his friend. He stated he stayed inside till after the gun shots stopped and he heard a vehicle taking off through the parking lot. REPORTING OFFICER DATE I REVIEWED BY TYPED BY ROUTED BY DATE T. MALENSEK 10-18-09 FURTHER ACTION: COPIES TO. Oth REMARKS • ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ DeteetNe ❑ CII ❑ Other • 15'.5184-401 Rev. 1/83 ❑ DI51.Arty. ❑ Patrol B-39 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 • CALIFORNIA REPORT AREA C SECTION CRIME CAE 03600 Page 3 CLASSIFICATION RC059• PC 664/187 I Attempted Murder I Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Additional Information Deputy: I contacted Arrowhead Regional Medical Center to check on the status of the one of the victim's and spoke to . t 2316 hours.stated he was still in critical condition but was stable. I also checked to see if they still had the bullet that was removed from one of the victims and he stated yes but he could not release it until the pathologist checked it over. He stated it would be available on 10-19-09 after 0500 hours for pick up. All other victims had been treated and released. • Subject Contact: See supplemental reports. Stnesses statements: See supplemental reports. Victim's statements: See supplemental reports. Injuries: • See supplemental reports. : Infield Lineup: See supplemental reports. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE T. MALENSEK 10-18-09 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ DeteclNe ❑ CII ❑ Other *4-401 Rev. 1133 ❑ Dist Atty. ❑ Patrol • B-40 15-10603-401 Revised 652 (CRI) 1.CODE SECTION 2.CRIME DEFINRION 3.CASE NUMBER CRIME CODE SHERIFFS DEPARTMENT D r PC 242 Battery 110913220 COUNTY OF SAN BERNARDINO,CA ®M UNIFORM CRIME REPORT ❑OTHER 4.ASSIGNED MONTH-DAY-YEAR-TIME 5.ARRIVED MONTH-DAY-YEAR-TIME 6.BEAT 7.REPORTING DISTRICT • 03600 - 103109/0159 103109/0159 4 059 8.OCCURRED DAY OF WEEK-MONTH-DAY-YEAR-TIME 9.REPORTED MONTH-DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CRY Saturday/103109/0130-0151 103109/0151 12809 Foothill Blvd. Rancho Cucamonga CODES FOR BOXES 12522 ARE: V=VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=INVOLVED PARTY O=OTHER V 11.NAME:LAST.FIRST MIDDLE(FIRM IF A BUSINESS) 12.CODE 13.RESIDENCE AODRESSSTREET-CITY-ZIP 14.RESIDENCE PHONE I IIIMIIIIIPIP V1 Confidential C T 15.00CUPATION 16.RACE/SEX 17.AGE 18.DOB 19.BUSINESS ADDRESS-STREET-CRY-ZIP 20.BUSINESS PHONE 1 M V1 21.NAME:LAST,FIRST,MIDDLE(FIRM IF A BUSINESS) 22.CODE 23.RESIDENCE ADDRESS-STREET-CRY-ZIP 24.RESIDENCE PHONE I I a V2 Confidential N E 25.OCCUPATION 26.RACE/SEX 27.AGE 28.COB 29.BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE 5 S 31.SUSPECT 81 NAME:LAST.FIRST,MIDDLE 32.RACUS EX 33.AGE 34.HT. 35.WT. 36.HAIR 37.EYES 38,DOB 30.ARRESTED 40.INTERVIEWED 5 SS II Ell J ® ® a I 0 YES 0 NO 0 YES ❑NO U 41.RESIDENCE ADDRESS•STREET-CRY-LP 42.CLOTHING AND OTHER IDENTIFYING LYRICS/CHARACTERISTICS SP allnailli E 43.SUSPECT 52 NAME:LAST,FIRST,MIDDLE 44.RACE/SEX 45.AGE 46.HT 47,WT. 4B,HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEWED T a S fie ak, a MillEk 0YES0 NO 0 YES 0NO IIIIIS S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARK S/CHARACTERISTICS - 55.ADDmONAL NAMES IN CONTINUATION? 0 YES NO 56.ADDITIONAL INFORMATION FROM: '0 VICTIM 0 WITNESS 0 OFFICER 0 OTHER I 57.PHYSICAL EVIDENCE RECOVERED? 0 YES.0 NO 59.PHOTOGRAPHS TAKEN? 0 YES 0N0 58.LATENT PRINTS LIFTED? OYES ONO 60.VEHICLE 61.COLOR 62 YEAR 63.MAKE • 64.MODEL 65.BODY • ,B6.LICENSE NUMBER 87,STATE 68.DAMAGE/ODDITY/ACCESSORIES V ❑ VICTIM • ❑ SUSPECT • 69.ROBBERY WEAPON: 0 FIREARM O OTHER DANGEROUS LOCATION: 0 HIGHWAY 0 OTHER BUSINESS 0 RESIDENCE 0 CUTTING INSTRUMENT 1:1 STRONG ARM 0 CONVENIENCE STORE 0 SERVICE STATION 0 BANK 0 MISC. 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CURING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 RANDS/FEET 0 SIMPLE/ND INJURY C R 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ATTEMPTED FORCIBLE ENTRY 0 RESIDENTIAL 0 NONIDE/MAL 0 UNKNOWN ID NO FORCIBLE ENTRY 0 VEHICLE (BUILDING) I M 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BUILDING-NOT SHOPLIFT OR MACHINES 0 AU.OTHERS 72.LARCENY E 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES S 73.PROPERTY STOLEN STOLEN STOLEN T CURRENCY,NOTES $ TV,STEREO.ETC. $ CONSUMABLE G000S S A TYPES JEWELRY I FIREARMS 5 LIVESTOCK $ T & CLOTHING,FURS I HOUSEHOLD G000S . 5 OTHER MISC. 5 • VALUES OFFICE EQUIPMENT $ TOTAL $0.00 S 0 IDENTIFIABLE PROPERTY TAKEN 0 ENTERED INTO NCIC 74.DOMESTIC VIOLENCE: INJURIES? 0 NONE 0 MINOR 0 MAJOR WEAPONS? 0 YES 0 NO 75.PEACE OFFICER ASSAULTED OR ARSON? 0 YES (IF YES.COMPLETE BOXES 12.3,4 AND 34 OR 35 ON CR-4 FORM) 4 - 76.SYNOPSIS • The victims are security guards assigned to work at the incident location. During the course of their shift,a"mosh pit' broke out in the business and they were called upon by the business owner to control it. As they attempted to control It, they came acrossmeelea who 5 resisted their efforts to subdue him as he was part of the pit. as attempted to strike the victims and he was fazed. 111c jumped Y off the stage and into the victims as she saver,struggling with them. She was also taxed. N 0 P 5 5 ARS STAC%CAN - - 77.REPORTING OFFICER 76.EMPLOYEE 4 79.GATE 80.REVIEWED BY DATE /] q 91.ROUTING INFORMATION SUBMIT A. Cervantes D5272 103109 37 .t f t$Ot.1 / I B -o c7 D IMME ATE FOLLOW UP 0 OTHER: 62.IS REPORTING OFFICER PC 11$QUALIFIED? 0 YES 0 NO 183.GANG RELATED? 0 YES 0 NO • • B-41 • ' _ CASE NO. SHERIF, S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 1 059 - c SECTION CLASSIFICATION 242 l Battery Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • ASSIGNMENT/ARRIVAL: On Saturday, 103109, I was assigned to work uniformed patrol in the city of Rancho Cucamonga. My designated call sign was 11 P34 and I drove a marked patrol unit. At approximately 0159 hours I . arrived at 12809 Foothill Blvd. for the report of a battery and made contact with the victims. VICTIM 1 STATEMENT: amp is a security officer employed with assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his,statements: NW was attempting to control subjects in a mosh pit when suspect NIS jumped off the stage into him. UMW started swinging at l— and he stepped back to avoid from being hit. attempted to detain her, but she struggled and resisted his efforts. She was tazed, but he is not sure by whom. After she was tased, he was able to detain and cuff her. VICTIM 2 STATEMENT: 1.111111111.11 .4 kapis a security officer employed with ,_assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his statements: NM and were called into the bar by the owner because a mosh pit was occurring. They entered the bar and spread out to see the activity. an observed suspect throwing elbows in the mosh pit. —and a bouncer attempted to detain', but he resisted by ducking down and swinging his elbows at them. SW grabbed MEI right wrist and attempted to escort him to the ground. !continued to resist him and was tazed. a still did not have control of— and he continued to resist the security officers' efforts to detain him and was tazed again. At that point Ille complied. Illnwas in the process of detaining eV when landed on top of him, hitting him in the head. UMW fell onto the ground. Officer's attempted to detain her and she resisted. She was tazed for her non-compliance. . REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. Cervantes 103109 D5272 - FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII i ❑ Other 5184401 Rev. 1/83 1 0 ❑ Dist.Atty. ❑ Petrol B-42 • • CASE NO, SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORTAREA • CA 03600 Page 2 059 CODE SECTION CRIME CLASSIFICATION PC 242 Battery • Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • WITNESS STATEMENT: et i is a security officer employed with , assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his statements: entered the bar and observed that two of his officers were fighting to gain control of111111111*He was warned twice by so to stop resisting or he would be tazed. mi.said, "Fuck you" for and continued to resist;WM tazed him in the back. ! continued to resist after being tazed once, he was pull his arms into his body away from the security officers. Murillo tazed him again on his right side. At that point the officers were able to get control of Si and cuff him. After was tazed the second time,, jumped off the stage ontoffa back, hitting him in the head. She fell to the ground. Officers attempted to detain her as well and she resisted. She was Lazed also in the right thigh. • SUSPECT 1 STATEMENT; • I asked ga what happened. 'He said the following: • Tonight I was watching the band here at Beer Hunter/sports pub grill and I was just dancing to the music and out of nowhere I started getting tazed by the security staff inside this place. I got no warning, They did not tell me "no moshing", or "no dancing", they just started lazing me. They gave me no kind of warning, I came out and I had officers arrest me. I have no idea why, I mean I was just dancing. I paid to come here and have a good time, I'm not trying to disrupt the community or nothing. Security really tazed me and my girlfriend for no reason. I have cuts and scars from the tazers. They could have just warned me and told me "no dancing" or something, I would have just left or stopped dancing, but they didn't do that. They just tackled me and started Lazing me. • REPORTING OFFICER DATE REVIEWED BY I TYPED BY ROUTED BY DATE A. Cervantes 103109 D5272 FURTHER ACTION: REMARKS COPIES TO: ❑ Other 0 SD/PD ❑ YES ❑ NO ❑ Defective ❑ CII ❑ Other 15-15184-001 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • B43 CASE NO. SHERIFr'S DEPARTMENT - COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 3 059 0 E SECTION CRIME CLASSIFICATION 242 Battery Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE . PHONE SUSPECT 2 STATEMENT: I asked Illing what happened. She said, "First thing I remember is that I was on the stage with the band. The reason why I got on the stage is because of him, my boyfriend, and a couple of other guys were moshing and I didn't want to get hit. So I got on the stage so I wouldn't get hit. The next thing I know, I turn around and he's on the floor with like three guys on top of him." I asked her if she saw him get knocked down, she said, "no, I didn't, I just saw the three guys on top of him." I asked her if she saw who the guys were. She said, "they were security guys and were all wearing black. They were on top of him. I jumped off the stage, and right when I jumped off the stage I got tazed." I asked her if she landed on any of the officers accidentally. She said, "I don't' remember landing on anybody. I heard one of the guys saying that I hit him; I did not hit him." I ask her if she landed on herfeet or if she fell. She said, "I landed on my feet. I got tazed, then I was on the floor and I couldn't move because I was getting tazed. And so I was laying there and I felt it go away, like they stopped tasing me." I asked her where she got tazed at. She said, "on my back, and then it went away like they stopped tazing me, and then they tazed me again in my back in pretty much the same spot. I couldn't move and then all of a sudden I felt like I was being dragged outside. I don't really hemember being handcuffed, but the next thing I know I have handcuffs on me. And whoever was andcuffing me pulled my are so hard that now my shoulder hurts. I wasn't trying to resist him or anything. He was pretty much telling me "shut the fuck up or whatever". I don't remember even talking." I asked her when she was getting cuffed if she remembered struggling at all, maybe not knowing who was trying to grab her. She said, "no, I knew it was someone that obviously because I was being tazed it was an authority figure. So I wasn't trying to resist." PRIVATE PERSON ARREST: • The victims desired to press charges against the suspects for battery and signed a Private Persons Order of Arrest form against them • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY I DATE A. Cervantes 103109 I D5272 FURTHER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 4111184-401 Rev. 1/83 ❑ Dist.Any. ❑ Patrol B44 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 4 059 •CODE SECTION CRIME CLASSIFICATION PC 242 Battery Misdemeanor VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ARREST: • I took the sus ects into my custod dvised them they were under arrest for PC 242, battery. I issued citation which he signed in my presence and released him in the field. I issued IS Sheriffs citatiorlich she signed in my presence and I • released her in the field. PHOTOGRAPHS: I took numerous digital photographs, per request, of markings to his back from being tazed. These photographs were downloaded to the DIMS computer system at the Rancho Cucamonga Police Station. • INJURIES: The victims stated the received no injuries as a result of the battery. • . DISPOSITION; Case cleared by arrest, forward to District Attorney's office for complaint and filing. • REPORTING OFFICER DATE REVIEWED BY TYPED BY l ROUTED BY DATE A. Cervantes 103109 D5272 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS Other ❑ SDIPD ❑ YES ❑ NO ❑ DelecOve ❑ CII ❑ Other 15-15184.401 Rev. 1/83 0 Dist.Ally. ❑ Patrol • • B45 • VI ' 15-19603-R.v.692 ICRD Li.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION SHERIFFS DEPARTMENT ❑ M PC 6641187 ATTEMPT MURDER -L 111000872 COUNTY OF SAN BERNARDINO,CA ❑ OIMI UNIFORM CRIME REPORT 4.ASSIGNED MD-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST. i00°° 01/2312.0.10 _ 02:17_ I 01/23/2010 02:17 11 OCCURRED DAVAF WEEK/MO DAY-VEAR/TE4E B.REPORTED M0.0AY YEAR TIME IID.LOCATION OF OCCURRENCE CITY SAT 01/23/2010 02:i7 0112312010 02:17 CONFIDENTIAL, RANCHO CUCAMONGA • CODES FOR BOXES 12522 ARE: V = VICTIM W • WITNESS RP = REPORTING PARTY DC • DISCOVERED CRIME IP = INVOLVED PARTY ✓ 11;NAME:LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13,RESIDENCE ADDRESS-STREET-CITY-ZIP II4.RESIDENCE PHONE I D V T •e 15.OCCUPATION r6,RACE/SEX 17 ACE I16.DOB 540-YR 19.BUSINESS ADDRESS-STREET:CITY-al' 20.BUSINESS PHONE W21.NAME:LAST FIRST.MIDDLE(FIRM NAME IF BUSINESS) 122. 123.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE T V N S• 25.OCCUPATION I26.RACE/SE-X. I27.AGE 125.DOB M.D YR 29.BUSINESS ADDRESS-STREET-CITY-ZIP - . '30.BUSINESS PHONE S 31,SUSPECT NO.1 LAST,FIRST MIDDLE 32.RACE/SEX 33.AGE 34,HEIGHT 35.WEIGHT 36.HAIR 137.EYES 313.DDB M-C-Y 39.ARRESTED'40.INTERVIEWED - al . OYES 0)NOI 0 YES 2 NO IN aff U• 41.RESIDENCE ADDRESS-STREET-CITY-RIP 42.CLOTHING AND OTHER IDENTIFYING MART'.SICHAftACTERISTICS ' B UNKNOWN, I_ _ LARGE BLACK FRAME GLASSES E 43.SUSPECT NO.2 LAST,FIRST MIDDLE RACE/SEX 145.AGE 46.HEIGHT 47.WEIGHT 49,HAIR 49.EYES 50.DOB M-D.Y S1.ARRESTED 52.INTERVIEWED C DYES ONO OYES ONO T S __ __ ._ _-. _._ -.I _ _ _ 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 154.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 55.CHECK IF MORE NAMES IN CONTINUATION MYES I-I NO 56.ADDITIONAL INFORMATION 1VICTIM IY7WITNESS ID OFFICER O OTHER I 57.PHYSICAL EVIDENCERECOVERED OYES O NO 55.PHOTOGRAPHS TAKEN ©YES 0 NO 59.LATENT PRINTS LIFTED 0 YES Ea ND N E VEHICLE 61.COL� 62,YR. .MAKE 64.MODEL BO E �68.1111111 LICENSE 67,6T fiB.DAMAGE/ODDITY/ACCESSORIES 0 OS � 1 59.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:0 HIGHWAY OOTHER BUSINESS 0 SERV.STATION IP 0 CUTTING INSTRUMENT 0 STRONG ARM CONVENIENCE STORE ❑RESIDENCE 0 BANK 0 MISC. D.ASSAULTS WEAPON. ❑FIREARM O KNIF&CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY I 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE 0 VEHICLE M 0 UNKNOWN I 0 ATTEMPT BY FORCE _ j_ 0 NON-RESIDENCE(BUILDING)__,_- _ E 72.LARCENY 0 PICKPOCET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES S TV.STEREO,ETC. S _ __ CONSUANNSLE GOODS 5____ S & JEWELRY S_ FIREARMS S _ LIVESTOCK I _____ T VALUES CLOTHING,FURS S HOUSEHOLD GOODS S OTHER MISC. S T OFFICE EQUIPMENT S 0 IDENTIFIABLE PROPERTY TAKEN 0 NCIC ENTRY COMPLETED TOTAL 5 S 74.DOMESTIC VIOLENCE INJURIES 0 NONE 0 MINOR 0 MAJOR WEAPONS: 0 YES 0 NO 75.PEACE OFFICER ASSAULTEDIARSON 0 YES IF YES,COMPLETE BOXES 1.2,3.4.AND 34 OR 35 ON CR-I FORM. 76.SYNOPSIS On 01/23/10,victim#1 was urinating in the parking lot next to a white SUV.A subject approached and an argument broke out between the two subjects s over the victim urinating next to his vehicle.A fight broke out between both subjects and friends from both subjects.The fight ended and two subjects Y were stabbed and two were subjects assaulted with fists subject that stared the fight.was described as a Hispanic male adult tall thin build with N large black frame glasses,fled the scene in a The license plate was obtained by witness at the scene,Two subjects were treated and o P transported to ARMC for medical treatment.Detectives were called to the scene and conducted follow up interviews with several witnesses and for s further investigation of the crime. s • n 77.REPORTING OFFICER 76.EMP.k 9.DATE BD.R E Y DAT IBt.R ED TO •L'1I(/'I1 SUBMIT TO DIA M. MASON I C8781 01/23/2010 6 � V-2 MEDIATE FOLLOW UP E OTHER• 82.REPORTING OFFICER YES ❑NO k�/ • IS 115 QUALIFIED B-46 CASE NO. • • SHERII-r'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION • PC 245 I ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE I PHONE . CASE SUMMARY: On 01/23/10, Victim #tom, was standing outside of the Beer Mug in the city of Rancho Cucamonga. He was standing next to a white SUV vehicle and was urinating. While he was urinating, a subject approached him. The subject was described as a Hispanic male, wearing black framed glasses. He had a tall thin build and a buzzed haircut. The subject asked • "What are you doing? Is it alright if I piss on your car?"_ stated "Yeah go ahead" and pointed to his car parked right next to the white SUV. Words were exchanged betweeran and the Hispanic male and a fight ensued. During the fight, several subjects from both parties began to have an altercation. The Hispanic male's girlfriend approached a blue car and began to yell at several females inside. She was calling them out saying "What? You think you're better than us?" The fight continued and NM friend attempted to join the fight. The fight moved away from the SUV. Subjects from both parties continued to fight while bouncers from the location attempted to break it up. Several subjects began saying they were going to call the police. • The subjects that approached ergot into a white SUV and into several other vehicles: The other vehicles were described as a Toyota Corolla and another of an unknown make/model. The vehicles all fled the scene. Prior to the vehicles leaving the scene, noticed he had been stabbed in the back and was bleeding. ,Victim #2 ear, was also stabbed in the back. Victim #3 am said she was punched by an unknown male and Victim #4 was also assaulted with a fist by an unknown male. Deputies arrived on scene after the subjects lett the location. They observedewalking around with a large amount of blood coming from the back of his body. Deputies requested medical aid to respond to the location. They rendered first aid until Rancho Cucamonga Fire arrived on scene. Rancho Cucamonga Fire arrived on scene and treatedsand ma. They were transported to Arrowhead Re ional Medical Center by ambulance for further treatment. The condition of- and was unknown at the time of this report. • REPORTING OFFICER DATE REVIEWED BY I TYPED BY ROUTED BY DATE M.MASON-#CB781 021D2110 I GM-87568 FURTHER ACTION: COPIES TO: REMARKS ❑ Other . ❑SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15.15184-401 Rev. 1/03 ❑ Dist Ally. ❑ Petrol • • • B-47 CASE NO. SHERIFr'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 3 OE SECTION CRIME CLASSIFICATION 245 ASSAULT WITH A DEADLY WEAPON I FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM CONTACT/ SCENE: After arriving on scene, I saw several subjects standing in the parking lot. I observed a white male walking towards me with a large amount of blood on his clothes. He was staggering. I immediately exited my vehicle and was approached by a female. The female said she saw everything and had license plate numbers. I asked her to stand by my unit and I provided medical aid to the subject that was stabbed. The white male was later identified alliSig While treating I was able to obtain a brief statement of what happened. The following is a summary of our conversation. said he was urinating near a white SUV and a Hispanic male approached him. They exchanged words over him urinating near the Hispanic male's vehicle. A fight ensued and subjects from both parties joined the fight. After the fight was over,—tood up and felt a pain in his back. He realized he had possibly been stabbed. gescribed the subject as a Hispanic male wearing black framed glasses. He had no further description of the subject. Medical aid arrived on scene and treated He was transported to Arrowhead Regional "'medical Center. That concluded my contact with him, While I provided medical aid to I was approached by a subject. The subject, i, said he was also stabbed. He had a small puncture wound to the center of his back. Rancho Cucamonga Fire arrived on scene and treated allillErfor his injuries. He was interviewed by Deputy McCloud. Refer to his supplemental report for further information, Several deputies from the Sheriff's Department arrived on scene. Deputy J. Aguirre made contact with the female who stated she had seen everything. He conducted an interview with her. Deputies were given a license plate number of The vehicle came back registered to a whitaan address on in the city of Bloomington. Two other subjects approached deputies and said they were assaulted during the fight. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY. DATE M. MASON-#08781 02/02/10 GM-B7568 FURTHER ACTION: COPIES TO: 0 REMARKS ..� Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other .15184401 Rev. 1183 ❑ Dist.Any. ❑ Patrol B-49 CASE NO. SHERIF, .5 DEPARTMENT • COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) • ADDRESS RESIDENCE PHONE CASE SUMMARY (CONTINUED): A license plate number was obtained for the white SUV. The license plate number was . It came back registered to a white 1997 Ford Explorer. After the victims were • transported to the Arrowhead Regional Medical Center, deputies contacted detectives. Detectives responded to the scene and began conducting witness interviews. They began searching the scene for any evidence and possible contact of involved parties or suspects. The injuries to both= and were puncture wounds to their middle upper back area. They were caused by an unknown type cutting instrument. At the time of this report, there was no further information regarding the suspects. For additional information refer to Detective Dupper and Detective Parkison's supplemental reports. Photographs were taken of the scene and of the victims. They were placed into the DIMS system at the Rancho Cucamonga station. ASSIGNMENT/ARRIVAL: On 01/23/10, I was assigned to routine patrol in the city of Rancho Cucamonga. I was • dressed in a standard class A uniform and was driving a Sheriff's marked patrol unit. At approximately 0217 hours, I was dispatched to Foothill Boulevard and the 1-15 freeway in reference to a reporting party stating there was a fight at the location and an unknown person was stabbed. The reporting party was stating the fight was near the Beer Mug. Deputies arrived on scene and saw several subjects standing in the parking lot. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MASON-#08781 02/02/10 GM-87568 FURTHER ACTION: COPIES TO: REMARKS Other U SD/PD' YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15164.401 Rev. 1/83 U Dist Atly. 0 Petrol • • B48 CASE NO. SHERIF. S DEPARTMENT COUNTY OF SAN BERNARDINO 111000672 CALIFORNIA REPORT AREA CA 03600 Page 4 itSECTION CRIME CLASSIFICATION 45 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • CRIME SCENE: • The crime scene was a parking lot that had several cars parked facing east and west in a north/south parking lot direction.=Gvas walking from south to north approaching deputies. =Was sitting on a concrete planter near several parked vehicles. alleand victim #4 were standing in the parking lot area. There was blood located at the scene on, Dodge vehicle. There was no other evidence or any weapons located at the scene. Photographs taken at the scene are attached to this report. BOLO: • After obtaining the license plate number for the involved vehicle, a BOLO was issued to surrounding agencies for the white SUV. VICTIM #1 INTERVIEW: I arwas transported to the hospital and a secondary interview was not conducted at the time of this report. VICTIM #2 INTERVIEW: a las also transported to the hospital and a secondary interview was not conducted at the time of this report. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-#C8781 02/02/10 GM-67568 FURTHER ACTION: REMARKS COPIES TO: [I Other ❑ SD/PD 0 YES ❑ NO n❑ Deleclive ❑ CII El Other 15-15184401 Rev. 1/93 n 01sl.Ally. U PaIrol • B-50 • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 5 • CODE SECTION • CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM #3 INTERVIEW: air I met and spoke wittalleat the incident location and the following is a summary of her • statement. • alla said they were leaving the Beer Mug. She saidalwas urinating near a white SUV. A Hispanic male approached him and said "Are you pissing on my car?" She described the male as being tall and skinny. She said he had thick black framed glasses and short hair. A Hispanic female adult was with him butavas unable to describe her. sai•and the Hispanic male began exchanging words. She said the Hispanic female also began yelling. Friends from both parties began to circle and find out what was going on and a fight broke out. During the fight, an unknown male punched .0 the left side of her face.eally • had no visible injuries to her face at the time of my contact. She said the fight broke up for unknown reasons. After the figeaw blood oaf She then saw all the other subjects get into a white SUV and another unknown make/model car and flee the scene. She thinks the owner of the white SUV was the one who punched her in the face. ad no further information and I concluded my interview with her. ' VICTIM #4 INTERVIEW: Victim #4 was interviewed by Deputy J. Aguirre at the scene. Refer to his supplemental report for further information. REPORTING OFFICER DATE REVIEWED BV TYPED BY ROUTED BY DATE M. MASON-#C8781 02/02/10 - I GM-57568 FURTHER ACTION: COPIES TO: REMARKS • ❑ Olher ❑ SD/PD ❑ YES ❑ NO ❑ Deleclive ❑ CII ❑ Other • 15-151544D1 Rev. 1/53 ❑ Dist.Ally. ❑ Petrol • • • B-51 CASE NO. SHERII . S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 • CALIFORNIA REPORT AREA CA 03600 Page 6 'E SECTION CRIME CLASSIFICATION 45 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS #1 INTERVIEW: . I spoke within the incident location and the following is a summary of his statement. - said'he saw a large group as he walking out of the Beer Mug. He heard a popping sound and began to walk to his car. He said it was a large fight. He didn't think the popping sounds were gunshots. at said it sounded as if someone was being thrown into a car. He continued to walk to his car and called 911 . He told the operator there was a fight. He said he didn't see anyone get stabbed and didn't see anyone break or hit a car. .didn't see any subjects and could not identify anyone. WITNESS #2 INTERVIEW: I spoke with at the incident location and the following is a summary of his statement. a said he is a doorman for the Beer Mug. He said all the involved parties were inside the bar. He said they all left. — said a large grouped was very hyped up and he wouldn't be surprised if they were the ones who were involved in the fight, was working the door and heard about a large fight in the parking lot. He walked outside and saw the fight.. said he saw more then a couple of guys by a silver Dodge. The Dodge had a license plate number of REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY I DATE M. MASON-#C8781 02/02/10 I GM-B7568 FURTHER ACTION: REMARKS COPIES TO: CI Omer Ll s0/PD LJ YES ❑ NO ❑ Detective U CII ❑ Other 15-15104-401 Rev. 1/ES D Disl.Atty. 0 Patrol B52 CASE NO. • SHERIrr'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 7 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS #2 INTERVIEW (CONTINUED): attem ted to break up the fight. He grabbed onto a male he was able to identify as He said Junior is a regular at the bar and is a semi-pro baseball player. grabbed _ and pulled him away from the fight. After he pulled Junior away, all the subjects began to leave. As IMF walked back to the business he learned a subject was stabbed. He attempted to provide medical aid until deputies arrived on scene. ''said he could not recognize anyone else involved in the fight. This concluded my interview with WITNESS #3 INTERVIEW: I spoke with...at the incident location and the following is a summary of his statement. Said he was at the Beer Mug that night butsaid he didn't see or hear anything. He said • he only saw police and fire on scene. I concluded my interview with him. WITNESS #4 INTERVIEW: a I spoke with MO at the incident location and the following is a summary of her statement. I asked on if she knew what happened. said she was inside the bar and found out about the incident after it happened. One of her friends went and told her but she could not remember who it was. She did not know or see anything that happened and said she only knew her brother had been stabbed. This concluded my interview with her. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-#C8781 02/02/10 GM-57568 FURTHER ACTION: r REMARKS COPIES TD: ❑ Other 0 SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 1515184-401 Rev. t/B3 ❑ Dist.Atty. ❑ Patrol • B--53 CASE NO. • SHERIFr S DEPARTMENT . COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 8 • SECTION CRIME CLASSIFICATION 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INJURIES: sustained a full thickness laceration to the middle of his upper back. 1110ffreceived a full thickness laceration caused by an unknown cutting instrument to the middle of his back. 111111101pras punched in her face and had minor redness. She had no other visible injuries. Refer to Deputy J. Aguirre's supplemental report for information on victim #4's injuries. ADDITIONAL INFORMATION OFFICER: After the initial incident, deputies arrived on scene and the victims were transported to the hospital. Detective Dupper and Detective Parkison arrived on scene and took over the investigation. . . There was no evidence located at the scene. Photographs were taken and are attached to this report. For additional follow up refer to the attached supplemental reports. DISPOSITION: • • Case to date. Forward to detectives for follow up. • • • • • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-KC8781 02/02/10 I c GM-57568 FURTHER ACTION: REMARKS • COPIES TO: 0 Other 0 SD/PD ❑ YES D NO 0 Detective D CII 0 Other • 1E4.401 Rev. 1/83 D Dist.Atty. ❑ Patrol • al • • B-54 • 15-10603Rev,6/62(CR1) 1,CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION A F PC 245 ASSAULT WITH A DEADLY WEAPON • SHERIFFS DEPARTMENT ❑ COUNTY OF SAN BERNARDINO,CA Other ' UNIFORM CRIME REPORT 4.ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST. 180000 03/26/2010 00:43 03/26/2010 00:44 04 RC002 • 8.OCCURRED DAY-OF-WEEK/MO-DAY-YEAR/TIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY FRI 03126/2010 00:41 03/26/2010 00:42 12809 FOOTHILL BLVD, RANCHO CUCAMONGA CODES FOR BOXES 12 8,22 ARE: V = VICTIM W = WITNESS RP = REPORTING PARTY DC = DISCOVERED CRIME IP = INVOLVED PARTY y 11,NAME:LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CFI-ZIP 14,RESIDENCE PHONE I• at AS= V CONFIDENTIAL T , M15.OCCUPATION 15.RACE/SEX 17.AGE 18.DOB M-C-YR 19,BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE 21.NAME:LAST FIRST,MIDDLE FIRM NAME IF BUSINESS) 22, :23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE N V CONFIDENTIAL S 25.OCCUPATION 26,RACE/SEX 27.AGE 28.DOB M-D-YR 29'BUSINESS ADDRESS-STREET-CITY-ZIP 130.BUSINESS PHONE 5 ' 31.SUSPECT NO.1 LAST,FIRST MIDDLE 32.RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.EYES 38.DOB M-D-Y 139.ARRESTED 40.INTERVIEWED 4e glib • My YES 0 NO 0 YES 0 NO S U 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S P 43.SUSPECT NO.2 LAST,FIRST MIDDLE 44.RACE/SEX 45.AGE 46.HEIGHT 47,WEIGHT 48.HAIR 49.EYES 50.DOB M-D-Y 51.ARRESTED 52.INTERVIEWED E C 0 YES 0 NO 0 YES 0 NO • T • S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 154.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS tit 5;:DfBEOKiIF'MORfi?NA'ME58N1CONTi6fU`ATION�".saVE9 .""1.°L NOIteWafgiP)lig`irei5BA7i1JDI14DNAL^,Ii#CiRMAi'IDI��1+IOTJM ITN 99Un "OFFJGERf IOTWERS:,F. JuT577RYS0A{ IDEtiOERECOVEEE6 L.IYE91 htl MOdb r3t$'' n'° .'S81RH0T06RAPH'-S'PAKEA16n'�IJINE$� .I©INOtIoFr VIODM&.teNT'PRINPSTLIFfEbViCavESt&:NO 4a 4',LVEHrCLt 968 tOLOR1.t 162.RfRi'�$ FMAI hyv q- IOoE SPDLIDY,QfgEv 1!IcgNSe SZI5tATE 'e 6B DATAAGE/DODr sACCE99ORIEsr "+ }°1.1`'1 -,,,_.r4 JS} N L=1 ~'s� 1, .u �y�tpgJ.. c i �1, W,..a H J. J,EL • 1 z l5 " _3 u©rs� Yn6!:, 5 __._.� 'MF( "c�.'C,. ., - s. �wT�t9' '" a. i4-+�. aI'. _f .N;rf'.�.•- ` • 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:O HIGHWAY OOTHER BUSINESS 0 SERV.STATION P CUTTING INSTRUMENT • 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC. C 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE 0 VEHICLE M- 0 UNKNOWN 0 ATTEMPT BY FORCE 0 NON-RESIDENCE(BUILDING) E 72.LARCENY 0 PICKPOCET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH' 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS 73.PROPERTY • STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES S _ TV.STEREO,ETC. $ CONSUMABLE GOODS S S & JEWELRY S FIREARMS S LIVESTOCK $ . T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS S OTHER MISC. $ A T OFFICE EQUIPMENT S' 0 IDENTIFIABLE PROPERTY TAKEN0 NCIC ENTRY COMPLETED TOTAL S S 74.DOMESTIC VIOLENCE INJURIES 0 NONE 0 MINOR 0 MAJOR WEAPONS: 0 YES 0 NO 75.PEACE OFFICER ASSAULTED/ARSON 0 YES IF YES,COMPLETE BOXES 1.2.3,4,AND 34 OR 35 ON CR-4 FORM. 76.SYNOPSIS On the above date and time Deputies responded to the Beer Mug in reference to a disturbance. Upon contact and further investigation with the s involved parties, it was found two employees were assaulted by six individuals whom were at the location,The victims were attempting to escort the Y individuals out when the confrontation turned physical. During the confrontation both victims were peppered sprayed by one of the individuals whom o was a female.The other individuals whom were four males began to kick and punch the victims while they were on the ground.All the suspects were P seen leaving in The suspects were described as four younger HMA's and two HFA's.The suspect's did not leave a credit card at s the location.A license plate w s I n by a witness for possible suspect leads.Will conduct a follow up investigation for possible suspect identification, s Victim's received bruising to face and hands.They were treated by paramedics on scene.Photographs taken of victim injuries. 77.REPORTING OFFICER 17E.EMP.# 79.DATE 80.REVIEWED BY DATE 81.ROUTED TO • J AGUIRRE D4317 03/26/2010 � ❑SUBMIT TO D/A t ❑OTHER ❑IMMEDIATE FOLLOW UP 82,REPORTING OFFICER Q YES ❑ NO IS 115 QUALIFIED B55 (9' /l;//L) SHERIi- •S DEPARTMENT COUNTY Or SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 1 illi[CTION i CRIME CLASSIFICATION ASSAULT WITH A DEADLY WEAPON FELONY VIC S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ASSIGNMENT / ARRIVAL On,Fri_slay, March 26, 2010 I was assigned as 11P14 in the city of Rancho Cucamonga from 2100 hours to 0700 hours. At approximately 0043 hours I was dispatched to the Beer Mug located at 12809 Foothill Boulevard in reference to a man down. I arrived on scene at approximately 0044 hours. • SCENE . As I was arriving on scene I saw several subjects surrounding one white male subject who was lying on the ground. The subjects at the location advised me the subject who was on the ground was an employee of the Beer Mug and had just been assaulted by several other people. VICTIM #1 INTERVIEW 111111111 fra • advised me he is the property manager of the Beer Mug at the location. He stated was inside the location when he saw a group consisting of four Hispanic males and two Hispanic ales becoming rowdy inside the bar area due to the level of their intoxication. NMI stated he proceeded to confront the subject's with one of his security guards in an attempt to escort them out of the premises. =PE stated he was escorting the subjects out of the premises and was able to walk ' them out of the front doors. While escorting the subjects out of the front door they began to curse at Sand his security guard. le then was attempting to get the subjects into the parking lot area when he all of a sudden felt someone hit him with a fist on his upper body area. S stated he then saw one of the Hispanic females who were with the group pull out pepper spray and start spraying him and his security guard. MI was unable to see and fell down to the floor trying to cover his eyes. MS stated he was then kicked and punched repeatedly while he was on the floor, especially in his head area. NM stated he doesn't remember how long the assault was taking place for but stated he heard other people yelling that the subjects were getting away. 111111rwas unable to see for the next few minutes and stated the last thing he remembered were the paramedics coming to help him out. I askedie if he would be able to positively identify the subjects from the assault and he stated he was not sure but he would try. edidn't have any further information therefore I concluded the interview. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE, J. D4317 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD rilis ❑ NO cm ❑ Other ❑ Detective ❑ C 1>. 84-401 Rev. 1/83 ❑ Dist.Any. ❑ Patrol B-56 �noC IYV. SHERI 'S DEPARTMENT - COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION • PC 245 I ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • • VICTIM #2 INTERVIEW -, • -advised me he is one of the security guards at the incident location and was advised by that they were going to escort a group of several subjects out of the premises. r stated he was asking the group of subjects to leave until they got to the parking lot area, but then saw that they began to curse at him and le S stated he doesn't remember seeing ing get hit with a punch, but does remember when a girl pulled out the pepper spray and started spraying . everyone. 1 stated he Was able to see a little bit but was unable to get a clear picture of the subjects because they were also assaulting him. S stated he punched some of the subjects back in self defense but was unable to get any further description due to the fact that he kept getting assaulted from behind. S stated he was then unable to see because of the pepper spray and went back inside the location to try to rinse off. I asked 1111111alllerif he would be able to positively identify the subjects who committed the assault and he stated yes. SUSPECT DESCRIPTIONS The suspects were described as four Hispanic male adults and two Hispanic female adults. The • Hispanic male adult #1 was described as having spiked hair, dark complexion and wearing dark blue Dickey pants. The Hispanic male adult #2 was described as having a white t-shirt and a piercing on his lip. The Hispanic male adult #3 was described as having a black baseball cap and wearing a white t-shirt. Neither of the victims was able to give a description on the Hispanic male adult #4. The first Hispanic female was described as being petite with blonde hair. The second Hispanic female was described as being heavy set with reddish color hair. All of the subjects were described as being in their early to mid 20's. The Hispanic female with the blonde hair was described as the one who used the pepper spray. VICTIMS INJURIES The victims received bruises and lacerations to the forehead and hand area. They were rendered medical aid by the paramedics on scene. • REPORTING OFFICER I DATE I REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE, J. D4317 I 3/30/10 F1516 FURTHER ACTION: COPIES TO: Oth REMARKS ❑ er ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-101 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • • B57 SHERI' ''S DEPARTMENT • • COUNTY Gr SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 3 C ECTION CRIME CLASSIFICATION ASSAULT WITH A DEADLY WEAPON FELONY VI 'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS INTERVIEW SEIM advised me he walked out of the bar area when he saw a fight going on. 11111111M stated when he walked out he saw tilleand the security guard on the ground getting jumped by a group of several individuals. - stated he does not remember what they were wearing other then they were all Hispanic, but does remember that all of them ran into a red Toyota Corolla and left eastbound in the parking lot from the location. 111111111111 was able to get a license plate on the vehicle which was eialSo. MS did not have any more comments for the interview therefore the interview was concluded. AREA CHECK An area check was conducted for the red Toyota Corolla, but deputies were unable to locate it in the area. Deputies also checked inside the business to see if the suspects left a credit card but none was left behind. ANGE OF LOCATION ran the vehicle and it came back to a red Toyota Corolla at S in the city of 0 Fontana. I went to that location in an attempt to conduct a follow-up. While arriving at the location in Fontana I made contact with the parents of the person who drives the red Toyota Corolla. The . parents advised me their son was driving that vehicle earlier in the night and he recently went inside to his room. The parents stated it was their house and they allowed me to go inside of the residence in order to conduct an interview with their son who was driving the vehicle. • SUSPECT #1 IDENTIFICATION / RECORD'S CHECK • The suspect who was driving the red Toyota Corolla was identified by a valid California driver's license aseal111111 date of birth . I ran a record's check on Sand it showed he had prior law enforcement contacts for driving under the influence of alcohol. • I askedfif he knew why I was at his location interviewing him and he stated "I think I know why, it is because of the incident that happened at the Beer Mug". I asked ganniif he iEPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE aGUIRRE, J. D4317 3/30/10 F1516 :URTHER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS 5W4Y 5 ❑ NO ❑ Detective ❑ CII ❑ Other -401 Rev. 1/83 ❑ Diet.Atty. ❑ Patrol 'B 58 CASE NO. - SHER' ''S DEPARTMENT COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 • Page 4 CODE SECTION CRIME CLASSIFICATION • PC 245 I ASSAULT WITH A DEADLY WEAPON I FELONY VICTIM'S NAME-LAST NAME • FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) • ADDRESS RESIDENCE j PHONE • was at the location when the assault took place and he said yes. I asked SIIIIIIIIMwhat role he played in the assault and he stated he was at the location with friends who he knew from high school and they were just having a few drinks. IIIIMMINER stated he remembers being kicked out of the bar area by and the security guard because his friends were being rowdy. SIM stated was beginning to curse at them and tell them "Get out of my property, this is my place and you guys can not be here. Get the hell out of here". Me stated his friends were highly intoxicated which probably led to them verbally cursing ate. er stated he was walking to the front of his car when he all of a sudden saw grab and pull one of the female's hair and push her away in order to get her out of the premises. Instated his friends were upset and began to yell at r not to grab a female like that. ellelle _stated he continued to walk forward to his car but knew there was probably going to be a fight with his friends and the bouncers because of the fact they pulled one of the girls hair. Ststated he was walking towards his car when he all of a sudden heard several people yelling. He stated he turned around and saw his friends in a fight with and the security • guard. -tated he never joined the fight and once people started yelling there was a fight at the incident location and someone was going to call the police, all his friends ran to his • vehicle. stated they jumped into his car and they drove around the corner to Food 4 Less to drop the two females and one of the Hispanic males off. I asked -what the names of his friends were and he became uncooperative, not willing • to tell me anything. I asked SS how many people left with him after he initially dropped the first people off around the corner from the Food 4 Less and he stated the only people he took him after he dropped them off at Food 4 Less was his friend erns who they call 'Si and his other friend who they call "S'. He stated he didn't know-their first names. estated he then droppede AKA ry" and the other male "Imp" at an unknown address in Fontana. astated he then came home and fell asleep. I advised ly that he is going to be a suspect in a criminal investigation and he stated he knew but he knew the incident could not have been avoided. l_11111111111111111was not placed in handcuffs while I conducted the interview. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE, J. D4317 3/30/10 F1516 FURTHER ACTION: COPIES TO: Oth REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-151B4-901 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B-59 SHERI( 3 DEPARTMENT COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 5 ADECT/ON CRIME CLASSIFICATION 5 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE EVIDENCE Photographs of the victims' injuries were taken. Photographs were also taken ofSSW which showed that he had no injuries and of the suspect vehicle. See attached form for details. The photographs were placed onto the DIMS system at the Rancho Cucamonga police station. I also checked for video surveillance of the premises from different businesses but none were available at the time. DISPOSITION Forward this case to the District Attorney's office for review and filing of complaint on the initial suspect. • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY I DATE AGUIRRE, J. D4317 1 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ NO ❑ Detective ❑ CII ❑ Other 15-15185-401 Rev. 1/23 ❑ Dist.Atty. ❑ Patrol B-60 • CASE NO. • SHERD. S DEPARTMENT - COUNTY OF SAN BERNARDINO. 111003461 CALIFORNIA REPORT AREA • • CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION • PC.245 I ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • SUPPLEM ENTAL • . ASSIGNMENT / ARRIVAL On March 25, 2010 I was assigned to uniform patrol in the city of Rancho Cucamonga from 2100 hours to 0700 hours on March 26, 2010. At approximately 0043 hours I responded to the Beer Hunter located at 12809 Foothill Boulevard in reference to a male subject who was involved in a fight needing medical aid. I arrived on scene at approximately 0045 hours and made contact with several individuals along with the victim outside the Beer Hunter. Additional deputies arrived on scene and I assisted in the investigation in locating additional witnesses and victims. WITNESS INTERVIEW 'lam, I interviewedirillid at the scene and the following is a summary of her statement: • informed me she was walking from the parking lot towards the Beer Hunter when she saw several individuals running after a male subject. She stated she kept observations of the subjects and noticed approximately three male subjects jumped on one male and were punching and kicking him. In addition she stated a Hispanic female, approximately 5'04, 120 pounds with blonde hair came running up and sprayed pepper spray at the individuals involved in the fight. I stated after the female sprayed the pepper spray all the subjects separated and jumped into a vehicle and fled the scene.`bdescribed the male subjects involved in the altercation as being Hispanic males and stated they resembled gang members. 1111111111Ingstated she didn't believe she would be able to identify the male subjects involved in the fight but does believe she would be able to identify the female if she saw her again. -1 Tad no further information therefore I concluded the interview. • DISPOSITION Case to date. Forward a copy of this supplemental report to Deputy Aguirre's original report. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY . DATE PARKER, J. A5376 3130/10 F1516 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII - ❑ Other • 1515184-401 Rev. 1/B3 ❑ Dist.Atty. ❑ Petrol B-61 15-17 Ray.11/06 (CR1) 1.CODE SECT' 2.CRIME DEFINITION 3.CASE NUMBER.STATION SHERIFF'S - 0 F . .SC INC MISC INCIDENT 111005348 COdNTY OF SAN BERNARDINO,CA E M UNIFORM CRIME REPORT 0 OTHER •.ASSIGNMENT MD-DAY-YEAR-TIME 5.ARRIVED MO-DAY-YEAR-TIME 6.BEAT 7.REPORT DIST. 03600 050810 /0142 050810/ 0144 4 RC59 B.OCCURRED DAY OF WEEK MO-DAY-YEAR-TIME 9.REPORTED MO-DAY-YEAR-TINE 10.LOCATION OF OCCURRENCE CITY SAT/050810/0135 - 050810/0141 12809 FOOTHILL BLVD. RANCHO CUCAMONGA, CA • CODES FOR BOXES 128 22 ARE: V•VICTIM W•WITNESS RP• REPORTING PARTY DC•DISCOVERED CRIME IP•INVOLVED PARTY v 11.LAST,FIRST MIDDLE(FIRM IF A BUSINESS) 12. 13.RESIDENCE-ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE eC -ga T IS.OCCUPATION 18.RACE/SEX 17.AGE 18.DOE M-D-YR 19,BUSINESS ADDRESS STREET-CITYZIP 20.BUSINESS PHONE w 21.NAME: LE (FIRM IF A BUSINESTY RESIDENCE ADDRESS-STREET-CITY-DP 24. MENCE PHONE I a all Mt N E 25.OCCUPATION 26.RACE/SEX 27,AGE 28.DOB M-D-YR 29.BUSINESS ADDRESS-STREET-CITY-21P 30.BUSINESS PHONE S A IMg s Nal $ 31.SUSPECT NO.1 LAST,FIRST.MIDDIS 32.RACE/SEX 3J.AGE 34.HT. 35.WT. 36.HAIR 37.EYES 38,DOB 39.ARRESTED 40.INTERVIEW - NONE • • ❑YES 0 NO ❑YES ❑NO $ U 41.RESIDENCE-ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERST ICS S . p E 43.SUSPECT NO 2 LAST.FIRST,MIDDLE 44.RACE/SEX 45.AGE 46.HT 47.WI 46.HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEW C T ❑YES 0 NO 0 YES ONO $ 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERSTICS 55.CHECK IF MORE NAMES IN CONTINUATION ❑YES 0 MD 56.ADDITIONAL INFORMATION ❑VICTIM ❑WITNESS S OFFICER 0 OTHER ( 57.PHYSICAL EVIDENCE RECOVERED ❑YES S NO 58.PHOTOGRAPHS TAKEN S YES ❑NO 59.LATENT PRINTS LIFTED OYES S NO N ✓ 0,VEHICLE 61.COLOR 62.YEAR 63.MAKE 64.MODEL 85.BODY TYPE 66.LIC. 87.STATE 68.DAMAGE/ODDITY/ACCESSORIES ❑ S 69,ROBBERY WEAPON: 0 FIREARM ❑OTHER DANGEROUS WEAPON, LOCATION: ❑HIGHWAY 0 OTHER BUSINESS 0 SERV.STATION ❑CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC, • 70.ASSAULTS:WEAPON: ❑FIREARM ❑KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON ❑HANDS/FEET 0 SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT ❑DAY 0 FORCEIBLE ENTRY ❑ENTRY-NO FORCE ❑RESIDENCE 0 VEHICLE M ❑UNKNOWN 0 ATTEMPT BY FORCE I 0 NON-RESIDENCE(BUILDING) E 72.LARCENY 0 PICKPOCKET ❑SHOPLIFT ❑MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT DR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE ❑BICYCLES ❑FROM COIN-OPERATED MACHINES 0 ALL OTHERS S STOLEN STOLEN • STOLEN T 73.PROPERTY CURRENCY,NOTES 5 TV,STEREO,ETC. f CONSUMABLE GOODS S A TYPES T 8 JEWELRY 5 FIREARMS LIVESTOCK f S VALUES CLOTHING 5 HOUSEHOLD GOODS f OTHER MISC. 5 OFFICE EQUIPMENT $ TOTAL S 0 IDENTIFIABLE PROPERTY TAKEN 0 NCIC ENTRY COMPLETED 74.DOMESTIC VIOLENCE INJURIES: 0 NONE ❑MINOR ❑MAJOR WEAPONS: 0 YES 0 NO 75.PEACE OFFICER ASSAULTED/ARSON ❑YES, IF YES.COMPLETE BOXES 1.2.3,4 AND 34 OR 35 ON CR-4 FORM 76. SYNOPSIS On the above date and time deputies responded to a PC 242-Battery report call at 12809 Foothill Blvd. (Beer Hunter)The $ Battery was unfounded through our investigation. It was found that the staff at the bar did not check the identifications of Y the two 19 year old males that were being served and consuming alcoholic beverages. One of the 19 year old males was N served so much alcohol that he had to be carried out of the bar after falling numerous times inside the bar and causing pinjuries to his face and shoulder. s • S • ARS RIM `` TAT SCAN • 77.REPORTING OFFICER 78.EMP V 79.DATE 80.R4(WED BY ,/ DATE 81.ROUTED TO D. KING 06186 1 050810 I Sib /0 O SUBMIT TO D/A d oTHE 82.REPORTING OFFICER IS 115 QUALIFIED S YES 0 NO / ❑IMMEDIATE FOLLOW-UP //C B3.GANG RELATED ❑YES S NO B-62 • CASE NO. • SHERIFF'S DEPARTMENT • 111005346 County of San Bernardino • California REPORT AREA. • 03600 RC59 CODE SECTION CRIME CLASSIFICATION MISC INC MISC INCIDENT OTHER VICTIMS NAME • LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE BUSINESS I PHONE • ASSIGNMENT/ARRIVAL: On Saturday 05/08/2010, I was assigned to work patrol functions in the incorporated city of Rancho Cucamonga as 11P14. I was in full uniform and driving marked Sheriff's patrol vehicle. At approximately 0142 hours, I was dispatched to a PC 242 — Battery report call at the Beer Hunter Bar.At approximately 0144 hours, I arrived on scene. OBSERVATIONS/INVESTIGATION: When I arrived on scene I walked to the front door of the location and was met by two bouncers from the bar. Both men were standing in front of the entry doors as if they did not want to let me go inside. I asked them where the person was who got punched. They looked at each other then looked back at me and said, 'We don't know what the fuck you're talking about". I told them not to play stupid with me. They said, 'We don't know what you're talking about and chuckled". While talking to them I noticed a bag of ice and a bar towel lying on the ground near the front doors,the towel appeared to have a • small amount of blood on it. I asked the bouncers what the ice and towel were for.They looked at each other again and said, 'We don't know". I walked inside the bar and was unable to find anyone who appeared to have been involved in a fight. I was contacted via the radio that Deputy Sousa found the subjects at their vehicle in the parking lot. I met with them there. When I arrived in the parking lot I observed three males. Two were standing next to a truck and the third was lying down face up in the back seat of the truck with blood all over his face and shoulder. I asked him for his name and identification. He was very intoxicated and unable to speak very well. I asked his two other friends for his name. His name is While I was speaking tone of his friends contactec mother who came to the location. The Rancho Cucamonga Fire Department and AMR Ambulance Company were requested to check on the medical condition '_While they were assessing his condition, one of the staff members and a bar tender came out to my location. Both of them deny having seen eithe nside the bar and stated they were 100% positive they were not served alcohol inside the bar. While speaking to a and the third male confirmed that all three of them came to the location in the same vehicle and entered the bar at the same time. y stated they were all sitting at the same table and were being served alcoholic beverages and never once had their identifications checked to verify they were 21 years of age. REPORTING OFFICERS DATE I REVIEWED BY TYPED BY ROUTED BY DATE D. KING/D618" 050810 • REMARKS FURTHER ACTION: COPIES TO: ❑ SD/PD ❑ Other ❑ YES ❑NO ❑Detectives ❑ CII ❑ Other • ❑Dist.Atty. ❑ Petrol 15-1584.401 Rev.7/831CR21 • Page 1 • B-63 • • • CASE NO. SHERIFF'S DEPARTMENT 111005346 • County of San Bernardino California REPORT AREA. 03600 • RC59 CODE SECTION CRIME CLASSIFICATION MISC INC MISC INCIDENT OTHER VICTIM'S NAME - FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS U RESIDENCE U BUSINESS PHONE OBSERVATIONS/INVESTIGATION: CONTINUED I asked them what happened teas the least intoxicated out of the two so I spoke mostly to hirriMold me, he noticed than.was very intoxicated and fell down on his face inside the bar. The bouncers picked him up by his arms and carried him to the front door where he fell on his face and chest againated he notice'as bleeding from his face and left shoulder. He was able to assiallno the.plariElt are just outside the front doors. aid, "One of the bar tenders brought out a bag of ice and a towel folM He also told me the bouncers became aggressive in telling him that he needed to get his friend to the car and get him away from the bell111111.111111111d their best in carryina the truck and were able to get him inside the truck. It is unknown where the allegations of _eing punched came front The PC 242-Battery was unfounded. • After being assessed by fire personnel..was transported to San Antonio Community Hospital. JURIES: Sustained lacerations to his left eybrow and scratches to his shoulders. It is unknown if he suffered any other internal injuries from falling and/or injuries from alcohol consumption. PHOTOGRAPHS: Digital photographs were taken and downloaded onto a CD and placed into evidence at the Rancho Cucamonga Station. Photographs will also be attached to this report. • DISPOSITION: • Cleared by exceptional means. Report taken for documentation purposes. • REPORTING OFFICERS DATE REVIEWED BY TYPED BY ROUTED BY DATE D. KING/D6186 050810 REMARKS FURTHER ACTION: . COPIES TO: ❑ SD/PD ❑ Other ❑YES ❑NO ❑Detectives ❑ CII ❑ Other ❑Dist Atty. ❑ Patrol 11105-1584-401 Rev.7/83(CR2) Page 2 • B-64 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111 005346 CALIFORNIA REPORT AREA CA 03600 Page 1 RC • CODE SECTION CRIME CLASSIFICATION Incident VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Supplemental Report • • Assignment/Arrival: • On 05/11/2010, I was assigned follow-up of an incident which occurred on 05/08/2010 at The Beer Mug (12809 Foothill BVLD). Witness Interview: SCEBBI, Shelly On 05/11/2010, at approximately 1020 hours, I spoke tailliat her place of employment she is the mother of the victim, _ received a phone call from a friend of her so = said her son was at "the Beer Hunter" Aka Beer Mug and was hurt.Nwas not attie location, but had herd the information from a friend who was with him. immediately drove to the restaurant and foun'being loaded into an ambulance. ollowed her son to San Antonio Medical Center where he was treated for the next 24 hours. Involved Party Interview On 05/11/2010, at approximately 110 ours, spoke tart his residence • On Friday, May 71h, 2010 at approximately 2200 hours,ad d three friends ��and� entto the Beer Mug 12809 Foothill BLVD. s the group entere ) aurant t ey were Indivl -- l y asked for identifications,! • presented his California driver's license, depicting he was 19 years of age. The door man looked at the identification's and allowed all four to enter. From approximately 2200 hours until about 0100 houra consumed multiple alcoholic beverages. As he estimated he consumed 6-10 shots of"Death" aka "Snowshoe's", this is a mixed alcohol drink containing a mixture of 1 1/2 oz 100-proof Wild Turkey Bourbon and 1 1/ oz 100-proof Rumplemintz Peppermint Schnapps total of a 3 oz shot. In addition to these 6-10 shots, he also consumed one jagerbomb, a mixture of Jaegermister and Red Bull, and multiple glasses of New Castle beer. -pent approximately $80.00 on alcohol during this time. These drinks were primarily purchased from the bar with cash. • REPORTING OFFICER DATE REVIEWED BY TYPED SY ROUTED BY DATE Clark 86735 05/11/10 FURTHER ACTION: COPIES TO: ❑ Other SD/PD - REMARKS ❑ ❑ YES ❑ ND ❑ Detective ❑ CII ❑ Other • 15-15154-401 Rev. 1/53 ❑ Dist.Atry. ❑ Patrol • B-65 CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 1 / /005346 . CALIFORNIA REPORT AREA CA 03600 Page 2 RC �DE SECTION CRIh1C- CLASSIFICATION Incident VICTIMS NAME LAST NAME DP.31 NAME MIDDLE NAME :'FIRM NAME IF BUSINESS ADDRESS RF:11DPNCE PHONE When asked about who served the drinksalmmediately statedalliterved me" referring to the owner of the restaurant. purchased the majority of the shots at the bar from. Approximately half of those shots were consumed at the bar in direct sight o some were consumed back at the table where the four sat and drank. -was not carded at any time for the purchased of the shots or the pitcher of beer. At approximately 0100 hours,iad left the restaurant and gone to the vehicle to sleep. and had also stepped outside to smoke while stayed inside._r has no recollection of what occurred afterran left the table, at approximately 0100 am. The next recollection ofe has was waking up in the intensive care unit of San Antonio Community Hospital. Witness Interview: On 05/11/2010, at approximately 1200 hours, I spoke twin the parking lot of Bank of America, Foothill BLVD /Archibald AVE. 1 • k y.. is a bartender a he is also an acquaintance o the owner of the Beer mug. On # ( emu,+ c k ar ;S.u, a 05/082010 at approximately 200 am,_ received a text k , �„ 1. I ',h'14 N { message from The following are digital images of those text ii ', r " t ,i0 1�� t I . ge tileP "'f messages. 1 '.i'smittddotFyAt � � x� � x ' ,. I als How old is ur&arback ? Who was off,getting arrested for ,i t,i2,''I I..... ' underage. i , 1 , ' r1 1 , hl x l i-,t r .d at du I . � $rte SOHe should be 21........ He works here and! know it's 21 ��1 t i ' fh0$4. and older. What Happened-11717i?- I. �(#pa, ,'; MS 9r��dll�YgflP>•S� ti� 'IN a3IN ( ' 1 They checked his I'd. he's only 20, he's claiming he works at v Mcalans behind the bar. Heads up ., y Fh.. t1� nil I 1 j i. -He got fucked up,fell down hit his head, his friends culled the rnnc REPORTING OFFFICER DATE REV!E'WEE BY TYPED Er' ROUTED BY DATE Clark 36735 I 05/11/10 FURTHER ACTION REMARKS COPIES TO O;ne- SD-PD YES NO Dru.eay.., .515-'a01 Rev t.SS DS! A Parcol B-66 CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111005346 CALIFORNIA REPORT AREA CA 03600 Page 3 RC CODE SECTION CRIME CLASSIFICATION Incident . VICTIMS NAME.-LAST NAME FIRST NAME MIDDLE NAME IFIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ■ lh shit!! I've never asked him old he is !! ` I always asumed....Fuck! 1 N:= 'A'S^nLrri.2r t m,t q.-«o 11 ant Russ is talking to his older bro who's a bartender I e , ,` -' Here and he said h got jumped and is in the V. °`w}` I'= � e yi . hospital? 4 sa F i _ 5s u - 3' rF n vh 1 L4 l —:No he fell, he drunk, everybody saw. ;,!!! !!s,i :Slut.. Ok I' `? I 4 I n /A '� taAb1 e1 y C t ii,t! Et. virn � r a r!y l . I p!iv k } fit 5 Kf r;5.::. ...,!,..,!!!' lu£ 1a JI l -,` p �T: t°7 v II JiJ x iiy i f t N k �c v # ..N kGrWi�rsJ,14W9� ,ik- :...�.,�,x}F al „d7 !tT s:ti itr xa r Lu Y( .. f 1t sa 1 I I U didn't get inany trouble didu ? � 47Frm :A I 1X4 ''T' 3 t44 "T iP8�'"T ' t � Yeah minor in my bar drunck 1. � > ' ` .- `lt " { x ,{ l •w r- ^atmml ■ r s } � Fuck. . Sorry man ! • t ; E t#>a e �� " r - -m 8,e-'ye , V,' w- z , ([xi7n i t 11F6 k J :ab} i ^t"7 Y !i ; I , I 6 r-. �t REPORTING OFFICER DATE I REVIEWED BY TYPED BY ROUTED BY DATE Clark 86735 .05/11/10 FURTHER ACTION. COPIES T0. - REMARKS Other SD:PD YES ...: NO Detective CII Otne: 15-IS i84-401 Rev. 1/83 . Da; Ally Patrol IIII B-67 • CASE.NO • SHERIFF'S DEPARTMENT COUNTY OF SAN BE RNARDINO 111005346 CALIFORNIA REPORT AREA CA 03600 Page 4 RC CODE SECTION I CRIME I C:.AZ sir!C T!0q Incident I VICTIMS NAME !AST NAME FIRST NAME MIDDLE NAME -FIRM NAME IF BUSINESS.. AIiDRE.SS RESIDENCE- PHONE Stated thillit is the nick name for the owner of Beer Mud. The contact information in the phone list • ' _I has had no further contact via text or in person I + with ince the incident 7.dswsaw.. cat re • f mw1� Cry t t • L' litmgtrakOZn;41,17.a1=VatIod11, . I .M. ri v st r4 .tr 4 LMSnr a n� j •• {NM r t.lry r, ri IS rjo r . itC YI l R, tr' rry I'In `cl t C fµt� W t tr t#wrN},r� • 1 ay3�,a+{ty(if�Yy1.H�1��,� r tqf l�t� �a«_.,ril0 r I, r R�it I,I t xagF trm Her:ti hit n I 7 . • a �r,L x > G T >+ X� '�C..,„_4kuty-t T4 . c rt;ata r t I c' Injuries SS was transported to San Antonio Community Hospital where he was admitted to the intensive care unit for Acute Alcohol Intoxication. He was placed on a ventilator for approximately 24 hours while being treated. Per his statement his blood alcohol content was approximately .45% at the time of admittance. Medical records are pending. Disposition Case to date attach to original report. • REPOR iINC;OFFICER DATE REVIEWED BY TYPED BY ROUTED DY DATE Clark 96735 05/11/10 FURL HER ACTION REMAREr. ilo L OAcS TO SDPD YES NO Deter.;.e. CI - O:n 151E.2.-401 Rev Ds' A'Fv Fit:' • • . B-68 -• — • 3-10603-401 Rev.11/06 (CR1) 1.CODE SECTION 2.CRIME DEFINITION 6 CASE NO CRIME CODE ❑ F Incident 111007468 - SHERIFF'S DEPARTMENT COUNTY 0 M COUNTY OF SAN BERNARDINO,CA - UNIFORM CRIME REPORT ® OTHER 4.ASSIGNMENT MO-DAY-YEAR-TIME 5.ARRIVED MO-DAY-YEAR-TIME 6 BEAT 7.REPORT DIST. 03600 062910/2300 06092012300 RC 4 RC059 8.OCCURRED DAY OF WEEK MO-DAY-YEAR-TIME 6 REPORTED MO-DAY-YEAR- 10.LOCATION OF OCCURRENCE CITY • Wednesday/060910/2300 TIME 12809 Foothill Blvd. Rancho Cucamonga 062010/2300 CODES FOR BOXES 12 8 22 ARE: V=VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=INVOLVED PARTY ✓ 11.LAST,FIRST MIDDLE(FIRM IF A BUSINESS) 12. 13.RESIDENCE-ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE I The City of Rancho Cucamonga. (909)47-2700 C T 15.OCCUPATION 16.RACE/SEX 17,AGE 18.DOB M-D-YR 19.BUSINESS ADDRESS STREET-CITY-ZIP 20.BUSINESS PHONE I M W 21.NAME:LAST,FIRST,MIDDLE (FIRM IF A BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE I T N 25 OCCUPATION 26.RACE/SEX 27.AGE 28.008 M-D-YR 29.BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE E E S 31.SUSPECT NO.1 LAST,FIRST,MIDDLE 32.RACE/SEX 33.AGE 38 HT. 35.WT. 36.HAIR 37.EYES 38.DOB 39.ARRESTED 40.INTERVIEW The Beer Mug O YES 0 NO 0 YES ONO S 41.RESIDENCE-ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERSTICS U 12809 Foothill Blvd. Rancho Cucamonga. S P 43.SUSPECT NO 2 LAST,FIRST,MIDDLE 44.RACE/SEX 45,AGE 46.HT 47.WT 48.HAIR 49.EYES 50.DOB 51.ARREST 52.INTERVIEW E ❑YES ❑NO ❑YES ONO C T 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERSTICS S 55.CHECK IF MORE NAMES IN CONTINUATION ❑YES ❑NO 56.ADDITIONAL INFORMATION ❑VICTIM ❑WITNESS- ❑OFFICER' 0 OTHER I 57.PHYSICAL EVIDENCE RECOVERED O YES ❑NO 58.PHOTOGRAPHS TAKEN 0 YES 0 NO - . '' 59.LATENT PRINTS LIFTED OYES ONO , - N 60.VEHICLE 61.COLOR 62.YEAR 63.MAKE 64.MODEL 65.BODY TYPE 66.LIC. • 67.STATE 68,DAMAGE/ODDITY/ACCESSORIES • ✓ ❑ V . 66 ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION: O HIGHWAY 0 OTHER BUSINESS ❑SERV.STATION • 0 CUTTING INSTRUMENT 0 STRONG ARM ❑CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC. C 70.ASSAULT WEAPON: ❑FIREARM ❑KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY R I 71.BURGLARY O NIGHT ❑DAY ❑FORCEIBLE ENTRY ❑ENTRY-NO FORCE ❑RESIDENCE 0 VEHICLE M O UNKNOWN 0 ATTEMPT BY FORCE 0 NON-RESIDENCE(BUILDING) E 7a LARCENY 0 PICKPOCKET ❑SHOPLIFT ❑MOTOR VEHICLE PARTS ❑FROM BLDG:NOT SHOPLIFT OR MACHINES S 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS T STOLEN STOLEN STOLEN A 73.PROPERTY CURRENCY,NOTES $ TV,STEREO,ETC. $ CONSUMABLE GOODS $ T TYPES JEWELRY $ FIREARMS $ LIVESTOCK $ S 8 VALUES CLOTHING $ HOUSEHOLD GOODS $ OTHER MISC. $ OFFICE EQUIPMENT $ TOTAL $ 0 IDENTIFIABLE PROPERTY TAKEN 0 NCIC ENTRY COMPLETED 74.DOMESTIC VIOLENCE INJURIES: 0 NONE 0 MINOR O MAJOR WEAPONS: 0 YES ❑NO 75.PEACE OFFICER ASSAULTED/ARSON ❑YES, IF YES,COMPLETE BOXES 1,2,3,4 AND 34 OR 35 ON CR-4 FORM 76. SYNOPSIS Following the Planning Commission meeting on June 9th 2010,Deputy Clark, Deputy Wright,and Adam Collier from the Planning S Department conducted a compliance check at the Beer Mug.The intent of the check was to view the over all operations of the restaurant Y as detailed in a memo from Ryan Kroll who is representing The Beer Mug.The memo from Mr. Kroll is dated June 1"2010.There was N approximately 40 patrons standing or sitting inside,and one couple dancing in the south corner of the restaurant.The lights were low O withdisco ball and strobe type lights flashing.There was a D.J.inside by the name of Richard Cortez.Cortez had a lap top with two P external turn tables to mix songs. Cortez was in control of the music videos being played.Cortez was wearing headphones allowing him S to hear the music.Cortez was specifically playing/mixing music and videos for the entertainment of the patrons.Cortez stated Mr. Roig s asked him to come play music on June 9`"2010.We asked to speak to Mr. Roig.The employee at the front door stated Mr. Roig left the establishment approximately 5 minutes before deputies arrived. • • 77.REPORTING OFFICER 78.EMP 4 79.DATE 80.REVIEWED BY DATE 81.ROUTED TO R Wright W2800 062910 ❑SUBMIT TO D/A ❑OTHER 0 IMMEDIATE FOLLOW-UP 82.REPORTING OFFICER IS 115 QUALIFIED El YES O NO ' 83.GANG RELATED 0 YES 0 NO EXHIBIT B Q75 • • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111007468 R CALIFORNIA REPORT AREA Page 1 CA 03600 Pag Rc4 CRIME CLASSIFICATION CODE SECTION Incident Report (FIRM NAME IF BUSINESS) MIDDLE NAME FIRST NAME VICTIM'S NAME-LAST NAME The Cit of Rancho Cucamon•a RESIDENCE PHONE ADDRESS (909)477-2700 - . . . .?-4,.. ......:,-;41/4„.‘...1.(141,.*.'cot...Ty, - ...r- ,,.. .4.-I. ■t•ir;',41.r4•:t I.----. 4::I/ : afrrtOhrt01,11,ASMAIral.rii eir;;,_. „a, ,,,,,. ; , .;, • ,. • • t,.,4.,....4.1,4 ,-,•.4.1.-Artarsoff.:4-7- :gr. •- tr. ..,.- • ,'. `41;Q:l . _ . ., off,-2..,mtv.,• .-7--\ •-.4.--r,• -.-- ,-........• . .44,,,,,,,,,,.w.-.,,,,,,prfr..-,?4tith. gp- \•. -r-'a't 1'Mlillik,;1131.4.10.4:AV;. :Si `,...... .*a::::+ -7,-• ""'-;;;;,'..:7.12.11:s.;. . . "i'l . "-;05::',J,t:.`;l'-tbs girt- -.. • ' : ";T,54■.:V.:1€44,1, ..-. '1,:d.:,..'..■..fr., - . . ;,,,..;r! . . ------t...7..1/4` *, •*-- . -" (...'": 4 '.4t.31.,'Z' '- . --:'- ' . .- • • " ', - \\\ ripr ir :.H-:\Riz.7,- =6.1;:141.,--;• --. .1 :7'.7-:---4‘... :, -, 7 : s..-7—..! ..,ACL-r 1 i • ... ..,, ,, -- -.......,..., 0.o t...s.:(..•, s, -... ut., /5„00f. .....*--- n...-,-, ...... .. . '- ,; 4)5-' ' . . 4344Z1.4,1r:iPi . ,t14./...4c.i.Al. . . .. . . . q'1q,..,:t-,:c..ir,....i,r, .' • . .0104:::},1 -,-- . . • . , Ng:Ye:eV -- \ 1 V ' : , .• ,0 . • ... It A.4 ;!: 4`4,644 vi ;eV,. .. p 6-4 tiernt a; I • a.,,,,, 1,11,1-?t,:-0. ti,..%. Egintg:F7rr.."71:7-.--5.--•..- -.... ' .:'.14•43.:tnti,,,,;,I„.'. . • ^-7., .41.74t;i'l,,F5,,r5a,';?..1...t.,:. ,i. .. .". R...i fl.4Ail0: T'; ''''' • % - . rt P v, kt.it'.1,1", 1.. • N 42V.A74:14: 1e--"C'.•'N.'-7-...tr:;;-71. . , )5;:::::t4) ei 7-- -----:. :4--;.4.-lt,-;*$ .--- ;Tr-. ir'viV:RtriAAN:47;.:742;i,::: 2-fit7717„-_a_.1.7;_■AC,W, ,- t-4'1-4, tiX;Vs‘tilk,14- 1';-:Ce-t7`;17Altr,"—I''4:, ?Slenj 7..Crar2,4: i .tige.:433,2,.-2,74,' . - ...., ?.,......r.P- . . ' cvit"%ratvhezi.14W,C .- Z- r ,• :45 . , ,c. .. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE R. Wright 061910 RTHER ACTION: REMARKS COPIES TO: D Other 0 SD/PD ES E NO 0 Detective 0 CII 0 Other Drst Any. 0 Patrol 15-15184-401 Rev. 1/83 11 B-76 SHERIFF'S DEPARTMENT-COUNTY OF SAN BERNARDINO-CALIFORNIA 1.CASE NUMBER-STATION COMPLAINT-DISPOSITION REPORT-PROPERTY RELEASE 111007468 2. CODE SECTION 3.CRIME DEFINITION 4.CLASSIFICATION Incident Report 5.VICTIM NAME/OTHER LAST,FIRST,MIDDLE(FIRM NAME OF BUSINESS) 6 ADDRESS STREET,CITY,ZIP 0 RESIDENCE 0 BUSINESS 7.PHONE NUMBER V • l The City of Rancho Cucamonga, (909)477-2700 c B.SUSPECT NAME 1 LAST,FIRST.MIDDLE 9.RACE/SEX 10.AGE 11.HEIGHT 12.WEIGHT 13.HAIR 14.EYES 15.DOB S U 15 RESIDENCE ADDRESS STREET,CITY ZIP 15.CLOTHING&OTHER IDENTIFYING MARK/CHARACTERISTICS S P E 18.SUSPECT NAME 2 LAST,FIRST,MIDDLE 19.RACE/SEX 20.AGE 21.HEIGHT 22.WEIGHT 23.HAIR 24,EYES 25.DOB D T The Beer Mug, 5 26.RESIDENCE ADDRESS STREET, 27.CLOTHING&OTHER IDENTIFYING MARK/CHARACTERISTICS 28.ADD'L NAMES 12809 Foothill Blvd. Rancho Cucamonga . 29.ROBBERY LOCATION NUMBER 0 FIREARM 0 OTHER DANGEROUS WEAPON 0 HIGHWAY 0 OTHER BUSINESS 0 BANK 0 CUTTING INSTRUMENT 0 STRONG ARM 0 SERVICE STATION 0 CONVENIENCE STORE 0 RESIDENCE 0 MISC C 30.ASSAULTS WEAPON: O FIREARM O KNIFE/CUTTING INSTRUMENT O OTHER DANGEROUSWEAPON 0 HANDS/FEET O SIMPLE/NO INJURY R 31.BURGLARY 0 NIGHT ❑DAY CI FORCIBLE ENTRY ❑ENTRY-NO FORCE ❑RESIDENCE M El UNKNOWN 0 ATTEMPT BY FORCE 0 NONRESIDENCE(BUILDING) E 32.LARCENY 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES s 0 PURSE SNATCH 0 FROM MOOR VEHICLE OBICYCLES 0 FROM COIN-OPERATED MACHINES T 33. PROPERTY RECOVERED RECOVERED RECOVERED A TYVAL CURRENCY NOTES S TV,STERO,ETC $ CONSUMABLE GOODS $ T VALUE S JEWELRY S FIREARMS I LIVESTOCK $ CLOTHING,FURS $ HOUSEHOLD GOODS S OTHER MISC $ OFFICE EQUIP $ NCIC ENTRY COMPLETED S TOTAL PROPERTY RECOVERED S 34. ARSON PROPERTY VALUE PROPERTY VALUE PROPERTY VALUE TYPES AND $ OTHER STRUCTURES $ A VALUE SINGLE RESIDENCE $ INDUSTRIALJMANUF R OTHER RESIDNCE $ OTHER COMMERCIAL $ MOTOR VEHICLE $ S STORAGE $ PUBLIC BUILDINGS $ OTHER MOBILE $ • 0 N 0 INHABITED BUILDING 0 UNINHABITED/ABANDONED BUILDING TOTAL OTHER LOST S O 35.PEACE OFFICER 0 ASSAULTED 0 KILLED BY FELONIOUS ACT 0 KILLED BY ACCIDENT/NEGLIGENCE INJURIES: 0 YES 0 NO F C WEAPONS: 0 FIREARM 0 KNIF E/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET B ASSIGNMENT: 0 2-MAN VEHICLE CI 1-MAN VEHICLE 0 DET/SPEC 0 OTHER VEHICLE A 0 ALONE 0 ASSISTED S TYPE OF ACTIVITY: 0 DISTURBANCE 0 BURGLARY 0 ROBBERY 0 OTHER ARRESTS 0 CIVIL DISORDERS 0 HANDLING PRISONERS L T 0 SUSPICIOUS PERSONS/CIRCST. 0 AMBUSH 0 MENTALLY DISTURBED 0 TRAFFIC STOP 0 ALL OTHERS 38.COMPLAINT INFORMATION 37.DATE 38.DEPUTY DISTRICT ATTORNEY 39.CHARGES FILED 0 CASE REVIEWED AND COMPLAINT FILED D 0 COMPLAINT REJECTED-SEE REJECTION SLIP O 40.VICTIMSANITNESSES RECONTACTED 41.DATE M O VICTIM(S)SENT 0 CASE REVIEWED AND FOUND TO BE COMPLETE,LETTER P 0 WITNESS(ES) 0 NO NEW LEADS,INFORMATION,OR SUBJECTS IDENTIFIED L 0 NEIGHBORHOOD/AREA CHECKED 0 VICTIM ADVISED THAT PROSECUTION NO LONGER DESIRED A I 42.COMMENTS N T COMMENTS P R O SIGNATURE DATE P CERTIFICATION:I,THE UNDERSIGNED,DO HEREBY CERTIFY THAT I AM THE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R E DRIVERS LICENSE NUMBER MISCELLANEOUS L all I• 43.DISPOSITION: 0 NO ADDITIONAL LEADS 0 CASE UNFOUNDED 0 CASE CLEARED BY EXCEPTIONAL MEANS 0 CASE CLEARED BY ARREST 0 PROP.RELEASED S 44.REPORTING OFFICER 45.EMP9 46.DATE 47.REVIEWED BY DATE P O R.Wright W2800 062910 15-13867-401 Rev.9/94 (CR4) - -77 • RESOLUTION NO. 10-26 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT CUP99-43R FOR THE BEER MUG, AN EXISTING RESTAURANT AND BAR WITHIN THE REGIONAL RELATED COMMERCIAL DISTRICT, (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN IN THE FOOTHILL MARKETPLACE, LOCATED AT 12809 FOOTHILL BOULEVARD, SUITE C1-C4; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0229-031-33. A. Recitals. 1. On March 24, 2010,the Planning Commission initiated a review of the existing Conditional Use Permit. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as"the application." 2. On May 26, 2010, and continued to June 9, 2010, June 23, 2010, and July 14, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 26, 2010, June 9, 2010, June 23, 2010, and July 14, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. On November 23, 1999, the Planning Commission approved CUP 99-43 for the subject business to allow the sale of and on-site consumption of alcoholic beverages (Type 47 Liquor License) at a restaurant called The Beer Hunter Sports Pub and Grill, occupying a lease space of approximately 8,869 square feet and an outdoor dining area of approximately 675 square feet; and b. Subsequently, the restaurant was sold to a new owner and renamed The Beer Mug, and the floor plan was altered by the installation of a dance floor, removal of booths and seating areas and replaced with bar-style tables, installation of a DJ booth, and the installation of nightclub-style lighting. These alterations occurred without Planning Commission review; and c. On March 24, 2010, the City staff presented the Planning Commission with a request from the Police Department for the Commission to initiate a review of the subject business because of the level of calls for police service at the subject business. The Planning Commission • granted the request and set the public hearing on the matter for May 26, 2010; and B-78 PLANNING COMMISSION RESOLUTION NO. 10-26 CONDITIONAL USE PERMIT CUP99-43 —THE BEER MUG July 14, 2010 Page 2 • d. On May 3, 2010, Planning Department Staff along with the Deputy City Attorney met with the business owner and his attorney to discuss the current status of the CUP review, as well as outstanding compliance issues at the property in the hopes of informal resolution; and e. On May 26, 2010, Planning Department Staff prepared a letter to the business owner outlining compliance issues at his property, and requesting the immediate cessation of all entertainment activities at the property. The Planning Commission continued the public hearing to June 9, 2010, at the request of City Staff, in order to provide the business owner an opportunity to address the issues outlined in Staffs letter following the May 3, 2010 meeting; and f. On June 7, 2010, Staff received a letter from the business owner's counsel requesting a continuance of the June 9, 2010 Planning Commission meeting to allow the business more time to prepare his applications for submittal. Staff recommended the Planning Commission continue the public hearing to June 23, 2010; and g. On June 9, 2010, Deputies from the Sheriffs Department along with Planning Department Staff conducted a compliance inspection on the property during which they found the business was offering live entertainment and dancing without the benefit of a valid Entertainment Permit in violation of Section 5.12 of the Rancho Cucamonga Municipal Code, and; h. On June 23, 2010, the Planning Commission continued the public hearing to July 14, 2010 at the request of the business owner's attorney. i. The subject business is being conducted in a manner detrimental to the public • health, safety, and welfare as evidenced by the number and severity of police calls for service emanating from or associated with the business, including, within the last year, two attempted murders, a battery, and an assault with a deadly weapon. The Planning Commission also heard testimony from the mother of a 19 year-old male who was served alcohol at the business and was later hospitalized with a blood-alcohol content of .45%; and j. The owners have made substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review; and k. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 Liquor License. The June 9, 2010 inspection revealed the business was being operated like a nightclub with a disco ball, dim lighting, and a DJ using a laptop and turntables to mix music for the patrons; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The existing business operation is not in accord with the General Plan, the objectives of the Development Code; and the purposes of the district in which the site is located. b. The existing business operation has demonstrated that it is detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and • c. The Public Safety Records demonstrate that the business is being operated in a B-79 PLANNING COMMISSION RESOLUTION NO. 10-26 CONDITIONAL USE PERMIT CUP99-43 —THE BEER MUG July 14, 2010 • •Page 3 manner contrary to the peace, health, safety, and general welfare of the public and; 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby revokes the application and directs all entertainment and bar uses must terminate within 15 days of the Planning Commission action. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission on the 14th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B-80 LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON A Partnership Inducting Professional Corporations 426 CULVER BOULEVARD • PLAYA DEL REY, CA 90293 (310)822-9848 FAX(310) 822-3512 June 7, 2010 via facsimile (909) 477-2848 and U.S. Mail James R. Troyer, Planning Director. 10500 Civic Center Dr. Rancho Cucamonga, California 91729 RE: ROIG Restaurant Group, Inc. d.b.a. Beer Mug at 12809 Foothill Blvd. #C1-C4 Dear Mr. Troyer: This letter shall serve as an update to the City of Rancho Cucamonga regarding my client's efforts to complete and file his applications for an Entertainment Permit and Conditional Use Permit. My client has requested from the County Tax Assessor the list of property owners within 660 feet of the subject property. The County Tax Assessor anticipates completing the list of property owners and the mailing labels on or before next Monday, June 14, 2010. Once that list and the labels are received, my client will file his applications thereafter. The Agenda on the City's website for the June 9, 2010 Planning Commission meeting shows that Staff has recommended that the hearing for this matter be continued until June 23, 2010. I respectfully request that a copy of this letter be provided to the Commission so that it is aware of my client's progress on his applications. Again, my client thanks the City for its continued willingness to work with him and remains dedicated to continuing to work together with the City so that the Beer Mug will continue to be a viable business that reflects the vision of Rancho Cucamonga the City has worked hard to maintain. These applications come at a substantial cost to my client as the combined costs of the applications exceed $8.000, in addition to the fees for consultants to prepare the applications. My client appreciates the City's patience and he is doing his best to promptly submit the application and fees. If you have any questions or concerns, please feel free to contact me. Thank you. Very truly yours, SOLOM7, SALTSMAN & JAMIESON 'RYAN M:KROLL cc: Client TRANSMISSION VERIFICATION REPORT TIME : 06/07/2010 12: 15 NAME : SSJ LAW FAX : 3108223512 TEL : 3108229848 SER.H : 000F4J154227 DATE.TIME 06/07 12: 15 FAX NO. /NAME 919094772848 DURATION 00: 00:42 PAGES) 02 RESULT OK MODE STANDARD ECM • 426 Culver Boulevard Playa del Rey,California 96293 SOLOMON, SALTSMAN axv(310)82235128 • & JAMIESON • • Fax To: James R.Troyer, Planning Director From: Ryan M. Kroll Fax: 909-477-2848 Pages: 2 (including cover) Date: June 7, 2010 Re: ROIG Restaurant Group, Inc. d.b.a. Beer Mug at 12809 Foothill Blvd. #C1-C4 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: • 426 Culver Boulevard Playa del Rey,California 90293 SOLOMON, SALTSMAN phone 0)82 2--3213512 2 & JAMI ESON fax(310) Fax To: James R.Troyer, Planning Director From: Ryan M. Kroll Fax: 909-477-2848 Pages: 2 (including cover) Date: June 7, 2010 Re: ROIG Restaurant Group, Inc. d.b.a. Beer Mug at 12809 Foothill Blvd.#C1-C4 • ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: PRNACY AND CONFIDENTIALITY NOTICE THE INFORMATION CONTAINED IN THIS FACSIMILE TRANSMISSION IS CONFIDENTIAL AND PRIVATE',IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM R IS ADDRESSED, THE INFORMATION MAY BE PRIVILEGED.PROPRIETARY AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE FEDERAL,STATE OR OTHER LAW ANY RECIPIENT OF THIS FACSIMILE TRANSMISSION OTHER THAN THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS FACSIMILE TRANSMISSION TO THE INTENDED RECIPIENT,IS HEREBY NOTIFIED NOT TO DISCLOSE,DISTRIBUTE, OR COPY THIS FACSIMILE TRANSMISSION,OR TAKE OR REFRAIN FROM TAKING ANY ACTION TRANSMITTED IN ERROR. PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE OR FACSIMILE TO ARRANGE PROMPT RETURN OF THE FACSIMILE TRANSMISSION OR OTHER APPROPRIATE ACTION. LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON A Partnership Including Professional Corporations • 426 CULVER BOULEVARD PLAYA DEL REY, CA 90293 (310)822-9848 FAX(310)822-3512 July 14, 2010 via Hand Delivery to.Planning Commission Planning Commission City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, California 91729 RE: Ranch Cucamonga's Unlawful Attempted Revocation of the Entertainment Permit and Conditional Use Permit to Sell Alcoholic Beverages for the location d.b.a. Beer Hunter Sports Pub & Grill at 12809 Foothill Blvd. #C1-C4 Dear Honorable Planning Commission: On March 17, 2010, the City of Rancho Cucamonga unlawfully failed to issue a renewal of ' the Entertainment Permit to Jesus Roig and the ROIG Restaurant Group, Inc. d.b.a. The Beer Mug/The Beer Hunter, located at 12809 Foothill Blvd., #C1-C4. The City refused to accept an application and payment of the fees to renew the Entertainment Permit by Mr. Roig and refused to even provide Mr. Roig with an application to renew the Entertainment Permit. The City has abruptly reversed its position as it is the City itself that granted my client an Entertainment Permit for live entertainment and informed the state agency in charge of regulating alcohol that Mr. Roig did have a CUP to sell alcoholic beverages. Mr. Roig simply relied upon those actions and statements by the City and should not now be forced to suffer threats of criminal or administrative citations or endure the concern that his business will fail if stripped of its constitutionally protected property rights. Prior to investing his life savings of over $250,000 into taking-over and upgrading the Restaurant, Mr. Roig spoke with City Planner, Daniel Correa, concerning the permits possessed by the location and the rights he would be entitled to thereunder if he were to take over the business of the Restaurant. Planner Correa explicitly stated that Mr. Roig would have an entertainment permit for live entertainment and a conditional use permit to sell alcoholic beverages. Mr. Roig reviewed with Planner Correa the City's file for the location. The file contained Conditional Use Permit 97-30 that granted the Restaurant permission to sell alcoholic beverages and also contained Entertainment Permit 97-03 that granted the Restaurant permission to provide live entertainment. At that time of their review, Conditional Use Planning Commission July 14, 2010 Page2of3 Permit 99-43 was not in the City's file for the location. It is based upon CUP 99-43 that your letter asserts my client cannot have live entertainment. Based upon the contents of the City file, Planner Correa, the lone individual that processed Entertainment Permits for the City at that time, issued Mr. Roig an Entertainment Permit on March 19, 2009 after Mr. Roig submitted the appropriate application and paid the necessary fee for the Entertainment Permit. The March 19, 2009 Entertainment Permit was an "Annual Renewal" of the original Entertainment Permit (EP97-03) issued in 1998. The March 19, 2009 Entertainment Permit explicitly states that it is a renewal of"EP97-03." The City's pattern and practice with "Annual Renewals" of an Entertainment Permit was for Planner Correa to issue the "Annual Renewal" upon submission of the appropriate form and necessary fee. In fact, City Municipal Code §15.12.115 does not grant the City discretion to deny an "Annual Renewal." Mr. Roig has a vested property right to provide live entertainment and that vested property right is protected by the Fourteenth Amendment and the First Amendment as a form of artistic expression. Therefore, the City has no legal basis to claim that Mr. Roig does not have permission to have live entertainment at the Restaurant. The City erroneously denied the renewal of Entertainment Permit on the incorrect basis that CUP 99-43 prohibited entertainment at the premises. The City is incorrect in this contention because the rights and obligations of CUP 99-43 never vested because CUP 99-43 sought authorization for an outdoor patio dining area, but this use was never constructed or implemented and therefore CUP 99-43 never became operative and never vested. Thus, the operative CUP for the location is CUP 97-30, which explicitly permits entertainment. Mr. Roig was originally and correctly issued an Entertainment Permit pursuant to CUP 97-30 in March 2009, and therefore the City unlawfully denied Mr. Roig the renewal of the Entertainment Permit and has therefore cause Mr. Roig to suffer substantial damages of over $3,000,000. The City's refusal to issue an Entertainment Permit has caused Mr. Roig to lose patronage at the location and thus has caused the location to be unable to continue to operate. The City's refusal to issue an Entertainment Permit has caused Mr. Roig to lose his substantial investment in the location, which is in excess of $250,000. The City's refusal to issue an Entertainment Permit has caused Mr. Roig to be unable to make rent payments and will thus cause his to lose his lease on the location, a lease with several years remaining and thus make Mr. Roig liable for the remaining rent which could exceed $750,000. If the City had not unlawfully refused to renew the Entertaimnent. Permit, Mr. Roig would make at least $2,000,000 under the remaining years of the lease. Additionally, the City's refusal to issue an Entertainment Permit has caused Mr. Roig to suffer severe emotional distress, mental hardship and other non-economic damages. The City's refusal to issue an Entertainment Permit has also caused Mr. Roig to incur attorneys' fees. 2 Planning Commission July 14, 2010 Page 3 of 3 In proceeding with this hearing, the City is violating the Permit Holder's Due Process rights (procedural and substantive) by forcing the Permit Holder into an administrative hearing process 1) without providing full, complete and unredacted documentation of all relevant supporting materials in response to discovery requests; 2) failed to give adequate and proper notice of its intent to revoke the applicable permit; 3) the City noticed a hearing to revoke a Conditional Use Permit that is inoperative and never vested; and 4) the business has been denied the opportunity to obtain all relevant and supporting documents the City contends form the basis of its case for revocation. Very truly yours, SOLOMON, SALTSMAN &JAMIESON RYAN M. KROLL 3 • 0 08/18/2008 23:58 FAX 714964.78" LIPINSKI (:31001 a+• . • . RESOLUTION NO, 96-07 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF . RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 97-03, A 'REQUEST TO ALLOW ENTERTAINMENT INCLUDING, BUT NOT LIMITED TO, INDOOR LIVE ENTERTAINMENT, KARAOKE, DJ MUSIC, DANCING, AMUSEMENT DEVICES (ARCADE • GAMES, POOL TABLES, DART BOARDS, KIDS THEATER/PLAY AREA), AND ON-SITE INDOOR AND OUTDOOR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 9,000 SQUARE FOOT LEASE SPACE IN THE REGIONAL COMMERCIAL DESIGNATION(SUBAREA 4)OF THE • FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED WITHIN THE . FOOTHILL MARKETPLACE SHOPPING CENTER AT 12809 FOOTHILL • BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-33. • A.- Recltals. . • 1. an May 21,1986,the City Council of the City of Rancho Cucamonga adopted Ordinance . No.290 providing for the regulation of entertainment. • 2. Michael Galaz has filed an'application for the issuance of Entertainment Permit No.97.03, as described in the title of this Resolution. Hereinafter in this Resolution, the subject • • Entertainment Permit request is referred to as"the application." 3. On the 14th day of January and continued to Mel 1th day of February 1998,the Planning . Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. . 4. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. , NOW,THEREFORE,•it is hereby found,determined,and resolved by the Planning Commission 0 the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,of this Resolution are true and correct.. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on January 14, and February 11, 1998, including written and oral staff reports,together with public testimony,this Commission hereby specifically finds as follows: a. The application applies to property located at 12809 Foothill Boulevard and adjoins the main pedestrian plaza for the Foothill Marketplace shopping center, and b. The application applies to an existing sports bar that has been in operation at this . . location for nine months,with a closing time of 2:00 a.rn.,without,complaint; and c. The property to the north of the subject site is developed with offices, a church, retail, and a service station; the property to the south consists of a Metropolitan Miter District reservoir, the property to the east is developed with single family homes, and the property to the west consists pf other lease spaces within the Foothill Marketplace shopping center,and 08/18/2008 23:58 FAX 71496478"^ LIPINSKI R002 J PLANNING COMMISSION RESOLUTION NO. 08-07 _ • EP 97-03-MICHAEL GAL.AZ(MVP SPORTS GRILL) • . February 11, 1998 . Page 3 • planning Division • 1) . This approval is only for a sports bar with indoor live entertainment, D.J. music,icaraoke,dancing,and amusement devices(arcade games, pool • •-tables,dart boards, kids play area). Any change of intensity or type-Of • entertainment shall require a modification to this permit. . • 2) The days and hours of operation shall be limited to between 9:00 e_m. •and 2:00 a.m. Saturdays and Sundays and 11:00 a.m. to 2:00 a.m. • Monday through Friday:' Any expansion of hours shall require • modification to this permit. • 3) No adult'•entertainment,, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090,shall be permitted. • 4) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. • to 10 p.m. and 00 dD during the hours from 10 p_m.to 7 a.m. 5) Access to the lounge/entertainment area must be from the main entrance to the primary use and•not from a separate exterior entrance. • Other exits shall be posted"Fire Exit Only." 6) If operation of this Entertainment Permit causes adverse effects upon • adjacent residences, businesses, or operations including, but not limited to, noise, loitering, panting or disturbances, the.Entertainment • Permit- shall be brought before the Planning Commission for • consideration and possible suspension or revocation of the permit. 7) Approval of this request shall not waive compliance with any sections• of the Development Code, State Fire Marshal's regulations, Uniform Building Code,or any other City Ordinances. 8) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. • 9) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable sec urity firm shall be required to be on the premises from 8 p.m_until the parking lot is cleared after the conclusion of any entertainment The guard shall be in "peace officer"attire and shall remain on duty in the parking area and outside adjacent areas of the facility-to avert problems such as laud noise, • disorderly conduct from patrons or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 10) Noise shall not exceed City standards,for exterior noise in a commercial zone. • • e 1 08/18/2008 23:58 FAX 71496478" LIPINSKI Q003 • • PLANNING COMMISSION RESOLUTION NO_•98-07 • EP 97-03-MICHAEL GALAZ(MVP SPORTS GRILL) February 11, 1998 • Page 2. • • d. Restaurants serving alcoholic beverages and providing entertainment may be " allowed in the Regional Commercial designation of the Foothill Boulevard Specific Plan subject to . review and approval of a Conditional Use Permit application;.and . e. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan;•and . • f. The development of the sports'bar is consistent with the Regional Commercial • designation of the Foothill Boulevard Specific Plan and the Commercial designation of tfhe General Plan; and • • g. The application,with the following conditions of approval,will comply with all applicable•standards of the Foothill Boulevard Specific Plan and the Development Code. • . 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 • above,this Commission hereby finds and concludes as follows! • a. The conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. The premises or establishment is not likely to be operated in an illegal,improper or disorderly manner and • c. The applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any • offense involving the presentation,exhibition, or performance of any obscene show of any kind or • • of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license • issued In conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years.;and . '. d. Granting the application would not create a public nuisance; and • • e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent apartment complex;and f, The applicant has not made any false, misleading, or fraudulent statement of material fact,in the required application. • 4. 'This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements'of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below • • 08/18/2008 23:59 FAX 71496478' ' LIPINSKI Cj004 • • PLANNING COMMISSION RESOLUTION NO.98-07 • EP 97-03-MICHAEL GALAZ(MVP SPORTS GRILL) February 11, 1998 Page 4 . . • • (11) Use shall not commence until such time as all conditions herein. • Uniform Building Code and State Fire Marshal.regulations have been complied with. The premises and the grounds shall be inspected for . . compliance prior to commencement.of use. • Building S Safety Division/Fire Prevention District 1). The maximum number of occupants shall not exceed building and fire • codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or • the City's Fire Prevention Unit Division. •6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 1998. PLANNING • . = • THE CITY OF RANCHO CUCAMONGA • BY: r_' �Iar_ .. - an • • ATTEST: '"k • • 1,Brad Buller,Secretary of the Planning Commission of the City of Rancho Cucamonga, do herby certify that the foregoing Resolution was duly and regularly introduced,passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning • Commission held on the 11th day of February 1998,by the following vote-ttt-wit: • AYES: . COMMISSIONERS: BARKER,BETHEL, MACIAS, MCNIEL NOES: COMMISSIONERS: NONE • ABSENT: COMMI661ONERS: TOLSTOY • l 3//7,2_o o, APPLICATION FOR AN ENTERTAINMENT PERMIT City of Rancho Cucamonga 3)26-7 i o 7-C//T a 3 L/3 Planning Department �iV (909)477-2750 Please check if this submittal is for a: ❑ New Application or ►`,Annual Renewal Application Procedure - This Entertainment Permit application shall be completed and submitted. Planning staff will evaluate the completeness and accuracy of the information submitted. The Planning Director shall determine if the permit complies with each of the City's Codes and Ordinances prior to scheduling the project for Planning Commission consideration. Applicants for Entertainment Permits shall complete the following questionnaire: 1. Information about the applicant(s): Vc5.A / Name Na •e Date of Birth Date of Bi Social Security Number Social Security ► .ber California Driver's License No. California Driver's Licens: No. Street Address Street Address .yes c� c c City, State, & Zip City, State & Zip OS Dz9-; tn Phone Number Phone Number 2. The proposed and/or current name of the business:l f,„, 6, 4tiopy- 1:\PLANNING\FINAL\FORMS\COLINTER\ENTPERMTAPP-10-1-06 fees.doc REV 3/12/2007 Page 1 of 3 3. The name, date of birth, Social Security Number, California Driver's License Number, address, and phone number of all persons responsible for the management or supervision of applicant's business and of any entertainmen and provide the following information about each one: ?ce -e.c\\- Name Name Date of Birth Date of Birth — Social Security Number Social Security Number California Driver's License No. California Driver's License No. Street Address Street Address City, State, and Zip City, State, and Zip Phone Number Phone Number 4. Business address and legal description (Assessor's Parcel Number) where the entertainment will be offered: Street Address Assessor's Parcel Number Phone Number 5. A detailed description of the proposed entertainment, including type of entertainment, and number of persons engaged in the entertainment (may attach separate sheets if necessary): CcA,c_ 6a. e� ; C?CGN \c -4t'S 6. The date or days of the week, hours, and location of entertainment(attach floor plan)and the admission fee, if any, to be charged: c;Clo \\=60 0.c \ — 7. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business: \ , \` 1 f:\PLANNING\FINAL\FORMS\COUNTER\ENTPERMTAPP-10-1-06 fees.doc REV 3/12/2007 Page 2 of 3 8. Whether or not the applicant or any person responsible for the management or supervision of applicant's business has been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any: - 9. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: -- NIA\ — Signature of Applicant(s): Please print name(s): \\ a� Date: �? -0y-CS Permit Fees: New Application See current fee list. Annual Renewal See current fee list. • Any false, misleading, or fraudulent statement of material fact in the required application shall be grounds for denial of the application for an entertainment permit. I:\PLANNING\FINAL\FORMS\COUNTER\ENTPERMTAPP-10-1-06 fees.doc REV 3/12/2007 Page 3 of 3 1 ID • gnIr;:.. y r F`� ",q?.., .- e.;,r ;.4,-,3,y.°, •� `/ �rS `fate of California Department of Alcoholic Beverage Control ' ,i':`.,.J sti- '-.•>s r,; :,;i.. ZONING AFFIDAVIT ARNOLD ARNOLDsCHWARZENEGGER,Governor APR ; i':71 Instructions to the Applicant: Complete Items 1-14. Sign a date the form and submit it to ABC. 1. APPLICANT(S)NAME(Last,first,middle) _ Cq pp1°. . c-i 1 ��G•v:G'.1\ i1_3"i i �v [S�� : L <s% rLri iii €� ?� . 2 PREMISES ADDRESS(Street number and name,iffy,zip code)\ la PARCEL NUMBER OF PROPERTY(Obtain from lCourdYOffice) \ r't -6-C.:C c \\ t\ l'.& el-C`t_, �4��C.\G Cjx 0./6 1 ;C A A `TICS I I ,N-so-.. 3.-1-e - t`4 4. TYPE OF LICENSE APPLIED FOR ,. 5❑ A E UPG OF UCENSED PRM❑�NSO 16. CURRENT LICENSE AT THIS LOCATION,IF ANY Yes 7.TYPE OF BUSINESS(Le.,restaurant,mini-e art,gas station,etc.) 8.ARE THE PREMISES INSIDE THE CITY LIMITS? a:,,. 4>cc �,lYes ❑No For answers to Questions 9- 14, contact your local city OR county planning department(f inside the city limits, contact city planning; if outside, contact county planning. 9. HOW ARE APPLICANT PREMISES ZONED? STATE TYPE(La.,'C commercial,`Fr residential,etc.) -- 10. DOES ZONING PERMIT INTENDED USE? 111. ISA CONDITIONAL USE PERMIT(C.U.P.)NEEDED? 112 IF YES,DATE YOU FILED APPLICATION FOR C.U.P. I (If ,please attach copy of receipt or C.U.P.) i 4 /� n c E,Yes ❑No (If 0 No 1 a„////`/P8._G,!' /7-30 13. NAME OF PLANNER CONTACTED AT PLANNING DEPARTMENT 114. PLANNER'S PHONE NUMBER )44v,,G Ca21 1(fa9) x'77 =- 2-750 Under the penalty of perjury,I declare the information in this affidavit is true to the best of my knowledge. 15.APPLICANTS SIGNATURE(One signatwe will suffice) 116. DATE SIGNED r FOR DEPARTMENT USE ONLY • � Lj C.U.P.Approved 11F APPROVED,EFFECTIVE DATE !FILE NUMBER — 1DATE DENIED ii C.U.P.Denied _ GENERAL INFORMATIO-- _•Section 23790 of the Business and Professions Code says I Premise COMMUNITY DEVELOPMENT that ABCmay not issue a retail license contrary to a valid i rights at Planning zoning ordinance.This form will help us determine whether the zoni ,. ~\ ' our proposed business is Lr Daniel Correa Y P oP properly zoned for alcoholic follow '� ,MPA beverage sales. ! `f`r� Assistant Planner (a)The (909)477-2750 Tel f license (909)477-2847 Fax •A conditional use permit(CUP)(Item 11)is a special (b)The ,RANCHO daniel.correa @ntyofrcus zoning permit granted after an individual review of proposed withou CUCAMONGA - � land-use has been made.CUP's are used in situations where ; operati )0500 Civic Center Drive•P.O.Box 8( the proposed use may create hardships or hazards to neighbors For pu Rancho Cucamonga,CA 91730 and other community members who are likely to be affected operati ""`".cirrofrc.us ' by the proposed use.The ABC district office will not make a j (1)A closure for not more than 30 days ror purpu ve final recommendation on your license application until after repair,if that repair does not change the nature of the the local CUP review process has been completed.If the local licensed premises and does not increase the square footage government denies the CUP,ABC must deny your license ! of the business used for the sale of alcoholic beverages. application. (2)The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic 23790. Zoning ordinances.No retail license shall be accident,if the restoration does not increase the square issued for any premises which are located in any territory i footage of the business used for the sale of alcoholic where the exercise of the rights and privil r , .t,rr: es. 9i�! c6m the license is contrary to a valid zoning omit .'.. ' +1���`��C���<:6 l�rE�0A, ABC-255(12/03) APR 6 2009 ri Z. Sri �-� C F=k P , ; Jig , rte W. 5;!‘:6:12 t., THE BEER MUG'S SECURITY PLAN The following is an overview of the proposed Security Plan for the Beer Mug. We welcome the City's suggestions and look forward to receiving the City's input so that we may continue to collaborate with the City. 1. On Thursdays, Fridays and Saturdays when entertainment is provided, the Beer' Mug shall employ at least 5 security guards from 9:00 p.m. until one-half hour after closing. Of the 5 security guards, at least two shall be positioned inside the premises, one shall be at the door, one shall be in the courtyard in front of the premises and one shall be roaming the parking lot immediately in front of the premises. 2. On Wednesdays when entertainment is provided, the Beer Mug shall employ at least 3 security guards from 9:00 p.m. until one-half hour after closing. Of the 3 security guards, at least one shall be positioned inside the premises, one shall be at the door, and one shall be roaming the parking lot immediately in front of the premises. 3. The Beer Mug does not currently seek to provide entertainment on Sundays, Mondays or Tuesdays, but in the event it does in the future, the amount of security employed and their placement shall be the same as on Wednesdays when entertainment is provided. 4. On Thursdays, Fridays and Saturdays when no entertainment is provided, the Beer Mug shall employ at least 3 security guards from 9:00 p.m. until one-half hour after closing. Of the 3 security guards, at least one shall be positioned inside the premises, one shall be at the door, and one shall be roaming the parking lot immediately in front of the premises. 5. The duties of the Security Personnel shall include but are not limited to, to roam the restaurant,be visible, set the tone for appropriate behavior and to monitor and 1 enforce rules related to alcohol intake of customers pursuant to approved internal written security protocols. 6. The Beer Mug shall have all security personnel employed wear shirts that clearly identify the security personnel. Currently, the Beer Mug has its security personnel wear red t-shirts that state in large white letters "SECURITY." 7. All guards shall complete, as soon as practicable at a minimum, six hours of training including but not limited to, Power to Arrest and Crowd Control and provide written documentation of the successful completion of said training to the City Attorney's Office within 180 days of obtaining an Entertainment Permit. Security staff must also be licensed by the State of California Department of Consumer Affairs, Bureau of Security and Investigative Services within 90 days of obtaining an Entertainment Permit. 8. All Beer Mug employees shall look for signs of intoxication and will not serve any person who looks or acts obviously intoxicated. The Beer Mug's employees shall be required to review and sign a policy statement confirming their understanding to do so. Any employee of The Beer Mug that do not follow this policy will be disciplined or terminated as deemed appropriate. 9. The Beer Mug shall send all employees involved in the service or sale of alcoholic beverages to the California State Department of Alcohol Beverage Control (ABC) LEAD Training Program. Completion of this training for new hires shall be coordinated with ABC and new hires shall be sent to the next available class offered by ABC. This training shall be updated as appropriate. 10. The Beer Mug's management and supervisor employees shall support any server's decision to stop service to any patron that appears obviously intoxicated. 11. The Beer Mug shall have a "Designated Driver" Program. The server shall ask groups of four or more if there is a Designated Driver. The Designated Driver may receive free non-alcoholic drinks and/or food such as appetizer or dessert. If 2 • the server sees the Designated Driver drinking alcohol, the Designated Driver will be required to pay for all drinks and food consumed by said individual. 12. The Beer Mug shall participate in and support a taxi-ride program for any patron that appears obviously intoxicated. 13. The Beer Mug shall post on the premises of their business a list of taxi phone numbers at visible locations and shall offer to contact a taxi service for any patron which appears to be obviously intoxicated, or unable to care for him or herself, or in any other appropriate situation. 14. The Beer Mug shall post signs advising patrons of the policy of The Beer Mug with regard to over-intoxication in visible locations throughout the business premises. INTERIOR SECURITY PROVISIONS 15. Interior Security Personnel shall patrol the interior of the premises to ensure that alcoholic beverages are not being consumed by minors and that there are no fights or disturbances or other unlawful violations occurring within the business premises; 16. Interior Security Personnel shall also ensure that there are no sales or service of alcoholic beverages to obviously intoxicated persons. All such persons shall be requested to leave. All such persons who appear to pose a safety concern by being intoxicated and who have no suitable escorts will be offered transportation through a taxi service at the individual's expense. If said individual refuses such assistance, The Beer Mug's Security Personnel shall notify the Rancho Cucamonga Police Department. /// /// 3 EXTERIOR SECURITY PROVISIONS 17. The Beer Mug shall ensure that exterior security staff monitors and enforces "No Loitering"or disorderly conduct regulations outside of the premises and within 100 feet of the business premises. 18. In addition, The Beer Mug shall ensure that their exterior security staff perform the following functions: i. Patrol the exterior of the premises to ensure that alcoholic beverages are not being consumed by patrons outside of the business premises; ii. Patrol the exterior of the premises to ensure there is no excessive noise, abusive behavior, or any other violations of the law created by patrons either waiting for admission to or leaving the premises; iii. Orderly disperse individuals from the vicinity of the establishment at closing time in a disorderly fashion and not allow them to congregate in the vicinity. • 4 DECLARATION OY AARON CORTES 1, Aaron Cortes, declare as follows: 1. 1 am over 18 years of age and am competent to testify as stated herein. The facts Stated herein are of my own personal knowledge except where stated on information and belief, and where stated on information and belief,I believe them to be true. - 2. I am a disc jockey ("DJ") that performed at the Beer Mug (located at 12809 Foothill Boulevard #C1. — C4 in Rancho Cucamonga) on Friday nights during the time that the Beer Mug had a validly issued Entertainment Permit. 3. In early March 2010, myself and other DJ friends decided.to promote an event at the Beer Mug to occur on June 9, 2010. We created the flyer attached hereto as Exhibit 1 and which is also Exhibit G to the Staff Report for this location at the July 14, 2010 Planning Commission hearing. This flyer was distributed in early March 2010 by myself and the other DJs e-mailing the flyer. We never distributed the flyer in any other method than the one-time mass e-mailing in early March 2010. After this one-time mass e-mailing in early March 2010, we never again e-mailed this flyer. We never posted these flyers. We never passed out these flyers. We never mailed these flyers. 4. After the one-time mass e.mailg of these flyers, we were informed by Jesus Roig that the City was preventing him from providing DJ Entertainment at the Beer Mug. At this time, Mr. Roig informed me that I could no longer act as a DJ, such as announcing song titles or artists' names or in anyway providing vocal entertainment, at the Beer Mug. I then stopped being a DJ at the Beer Mug. 5. 1 was present at the Beer Mug on June 9, 2010 when the Rancho Cucamonga police entered. Approximately fifteen police officers entered the Beer Mug. At the time the police entered,there were approximately 20-25 customers, including myself. 6. I was in.charge of playing music that night and was the only one that did play the my laptop, which is an electronic playback device. The music was. being played using the software program"iTunes." To play the songs that night, I selected a playlist of songs and then would just press "play" on the laptop. That's all. The other equipment that was present that evening (the external turntables) were not being used at all and were only present because the input/output device between the turntables was necessary for me to play songs through my laptop. 7. I never announced the song titles or artists' names or provided any form of vocal entertainment. I never spoke into a microphone. 8. At no point in the evening did anybody else play songs -from my laptop. At no •point in the evening did anybody announce the song titles or artists' names or provided any form of vocal entertainment. At no point did anybody speak into a microphone. I know this because I was present the entire evening and it was my laptop that was playing the music. 9. At no point in the evening was anybody dancing. I know this because I was- present the entire evening. I declare under penalty of perjury under the laws of California that the foregoing is true and correct. 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'' ''� / «ii4 V �, U , CO p ? , •q O p W �' I a) Q a� r ■ , o U • r N N p v � � V"' U i C i� v i a� ' O Cr p ko ` CV N O N Z O V � p p :1 ^° �� Pr.''H CO CO W S' f/ STAFF REPORT ' • PLANNING DEPARTMENT DATE: July 14, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: USE DETERMINATION DRC2010-00393 — NORTH AMERICAN WIRELESS INCORPORATION/ SPRINT - A request to determine if a proposed Sprint wireless phone store should be permitted under "Specialty Retail" land use category with in the Specialty Commercial District of the Foothill Boulevard Specific Plan (Subarea 2). The Planning Department staff has determined that the activity is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City CEQA • Guidelines. The activity qualifies under Section 15061 (b)(1)of the State CEQA Guidelines because a Use Determination will not have any specific impacts on the environment. USE DETERMINATION PROCESS: The Rancho Cucamonga Development Code Section 17.02.040 gives the Planning Commission the authority to make Use Determinations "in order to ensure that the Development Code regulations will permit all similar uses in each district, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as permitted, secondary, accessory, or temporary use in any district shall • be deemed a permitted use or conditional use in one or more districts on the basis of similarity to uses specifically listed." However, a use determination is not site specific, it relates to the land use definitions of an entire district. Once a land use determination is made, then that use would be permitted or conditionally permitted on any property within any district that allows such use. ANALYSIS: A. General: According to the Foothill Boulevard Specific Plan, there are two areas in the City that are designated Specialty Commercial; the northwest and southwest comer of Archibald Avenue and Foothill Boulevard and the northeast corner of Foothill Boulevard and Vineyard Avenue (project site). The Specialty Commercial District is intended for "specialty-themed" commercial businesses that support the establishment of a theme-oriented activity. A limited number of office uses have also been included to facilitate an interactive office/commercial development. According to the Use Regulations Table, Section 17.32.030 of the Development Code, "Electronic Sales and Services (TV's, stereos, radios, and computers)" are not permitted while "Specialty Retail" stores are permitted within the Specialty Commercial District (Exhibit C). B. Purpose of Specialty Commercial: The goal of the Specialty Commercial Districts of the Foothill Boulevard Specific Plan is intended to accommodate "specialty uses, which promote a special landmark quality or create a special ambience, which is unique to a particular subarea. For example, specialty uses such as farmers markets, cafes, bakeries, gift shops, and other specialty theme-oriented uses located adjacent to the Thomas Brothers Winery, complement the existing winery structure and provide a unifying theme." [RCMC 17.32.020]. S Item C • 1 • PLANNING COMMISSION STAFF REPORT DRC2010-00393 — SPRINT July 2010 Page 2 ge 2 • C. Description of Proposed Use: The applicant is requesting that their use be classified as a "Specialty Retail Store." They believe it fits this category for a variety of reasons: • The store is less than 3,000 square feet in size and the use will be entirely conducted within an enclosed building. The suite that they will be occupying will only be 1,300 square feet and this is typical of many wireless phone stores. • It is designed to be a retail wireless phone store with staff behind the counter to offer: service related to the use of the phones, accessories for the phones, and the different service plans that are provided by the carrier. • The retail portion of the establishment will comprise of 85 percent of the business and 15 percent to the service end of the business. • The business hours are compatible with the shopping centers hours as the store opens no earlier than 10 a.m. and closes no later than 8 p.m. The applicant believes these qualities adhere to the basic definition of a "Specialty Retail Store" defined in the Development Code. Exhibit E. A copy of their letter with a description of the business operation is attached as Exhibit A. The use is distinguishable from an Electronics Sales and Service use as an electronic store typically sales a variety of electronics • such as stereos, televisions, computers, and require a much larger spaces where as the cell phone store only carries the phones that work with their network and only requires a small space. Also, cell phone stores where not defined in the code when this chapter was written prior to their availability in the commercial market place as they are today. Today cell phones are similar to watches or shoes and both watch stores and shoe stores are permitted uses within the Specialty Commercial District. Cell phone stores are similar to a personal appliance such as a razor or knife shop in the past. They sell one particular item and the accessories that go with it. D. Parking: It appears that there is adequate onsite parking for the Sprint wireless phone store use as it is a retail use and the parking calculation for the center is based on retail uses, therefore staff determined that a parking study would not be required for the project. CONCLUSION: The Sprint Wireless retail store is comparable to the types of uses that are occupying centers located in the Specialty Commercial District (i.e., nail and skin salon). It is Staffs opinion that based on the similar type of use; a wireless phone retail store meets the goals of the Specialty Commercial District and is compatible with other "specialty-themed" commercial businesses in the area. RECOMMENDATION: If the Planning Commission determines that the Sprint Wireless retail store meets the intent of a Specialty Retail land use category, then the Commission should approve the attached Resolution of Approval determining that this use qualifies as a Specialty Retail Store. • (1 02 r PLANNING COMMISSION STAFF REPORT DRC2010-00393—SPRINT July 14, 2010 • Page 3 Respectfully submitted, igp Jam R. Troyer, AICP Planning Director JT:SF\ds Attachments: Exhibit A - Description of Business Operation from Applicant Exhibit B - Foothill Boulevard Specific Plan (Subarea 2) Location Map Exhibit C - Land Use Regulations for Foothill Boulevard Specific Plan Exhibit D - Aerial View Exhibit E - Land Use Definition - Specialty Retail 17.32.030 (C 1) Draft Resolution of Approval for DRC2010-00393 • • C - 3 ti • July 1, 2010 City of Rancho Cucamonga Planning Commission ' Re: North American Wireless Inc. / Sprint, Thomas Winery Center North American Wireless is planning to operate a 1200 square foot Sprint Store at the Thomas Winery located at 8976 Foothill Blvd. Suite B-10. This store will be performing 80% - 85% new activations and upgrades for Sprint and the Sprint network, and approximately 15% customer service. The stores proposed hours of operation would be 10am-8pm M-F, 10am-7pm Sat., and 11 am-6pm on Sundays. There will be six total employees with three to four working at one time. We believe we are a great fit for the center and we will be a strong asset to the community. We thank you for your time in determining our use. Please feel free to contact me with any concerns. Thank you, Bobby Panahi • North American Wireless Inc. 17410 Hawthorne Blvd. Torrance, CA 90504 • EXHIBIT - A C , y Rancho Cucamonga Development Code Section 17.32.080 • I 'any uewllaH `,Q777 Qom « � Li `u cc LI/ c7-1 Ho c, 0 9 U ›- 0 w D J r � J m 0 • CJ CJ ftu m� I, CO a Z [7Ll�L OO m no ooOp a D a I. J w ��yy U a• J 3DOci ca C �p La =:, -p W �L C �� aV ^� W G y C J O rJ Cl O ° ❑ D 2 Ce a . ✓ t-J 4] %D L ) W U H re Lu i- Lt o ° °�-} 1.7_ D 0 O 0 G1 - Uy O J E c o0o 0 2 0 U ? ,� C OD �O , m a a l 0 � � w Co U ti , J 2 P 0 Ir o C W w I W 0=== I g , °-9° 0 u C Q U 1- III %.* U z O U oe 1 ;oI� � < //� w V/ 0 0 cr ❑ o U w U z Ell 'any pJeAauIA • I i o Q '1 I U r� U • O z Z Z co o co w W J W V - O 0 f O D W W Z EC U- O 2 7 W O J N O in _ z Z w 2 7 Z 0 a w w J in W cc 2 cc w • EXHIBIT - B C voi • Rancho Cucamonga Development Code Section 17.32.030 RETAIL COMMERCIAL USES Subarea One Subarea Two Subarea Three Subarea Four I • MUs 0 MR P SC CC O MR MHR SC CC CO LMR MR U MU C RRC MR LI2 0 Delicatessens and Specialty Food P P P P P P P P P° Stores _ _ Drug Stores and Pharmacies a) Over 10,000 square feet P P P P P P b) Pharmacies with or without specialty retail under 10,000 C C' P C P P P square feet _ Electronics Sales and Service(TVs, P P P P P P Stereos,radios,computers) _ . Educational Services: . . a) Parochial, Private,Colleges, C C C C C C C C C C C C Universities b) Instruction,tutoring,counseling, testing,training'schools and C C C C C • C C C C C C C facilities c) Vocational,Technical,Trade, Business and Professional C C C C C C C C C C C Schools d) Miscellaneous schools C C C C C C C C C C C Farmers'Markets P P _ P P Floor Covering Shops P _ P P P Florist Shops P P P P P P P P P P P . Furniture Stores P P P P P P Hardware Stores P P • P P Health and Athletic Gyms and Weight C C P C P C P P P` P Reducing Clinics _ Hobby Shops P _ P P P P _ _ P P` Ice Cream Stores and Soda Fountains P -P P P P P _ P P P4 • 'Janitorial Services and Supplies P P P P° C Jewelry Stores P P_ P P P P P Laundry(Self Service) P P P P Leather Goods and Luggage Stores P P P P P , P P Libraries and Museums,public and C private _ . Liquor Stores C _ C C C C C C Messenger and Wire Services P P P P P P , P P4 Mixed Use Public Storage C4 C' • Mortuaries and Cemeteries ' ' - _ C Music,Dance,and Martial Arts C C P C P P P • Studios Newspaper and Magazine Stores P P P P P P P P P P P4 Nurseries and Garden Supply Stores P P P P within enclosed area• _ Office,Business Machine and P P P P P P P P P C Computer Component Stores _ Office Supply Stores P P P P P P _ P P P P Paint,Glass,and Wallpaper Stores P _ P , P P P Parking Facilities(commercial where C fees are charged) _ _- Parks and Recreation Facilities,public C and private . Pet Shops P _ P P P P P P4 Photocopy(Xerox) P P P P _ P P _ _ P P° . Political or Philanthropic Headquarters C 1 Refer to Subarea 4 Section 17.32.080.F.7.b(footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.D. 4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of at least 15,000 square feet per site or project.This provision is intended to facilitate the development of large,regionally related uses. Regionally • Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw customers primarily from the neighborhood or community level. 5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may occupy a portion of an existing retail building provided the building is at least 50,000 square feet,the public storage use does not occupy the first 100 foot depth of storefront leasable area and the public storage use does not occupy more than 50 percent of the ground floor of the building. EXHIBIT - C nn — ('� 17.32-12 li / • 08/03 • Rancho Cucamonga Development Code Section 17.32.030 • RETAIL COMMERCIAL USES Subarea One - Subarea Two Subarea Three Subarea Four MU' 0 MR P SC CC 0 I MR MHR SC CC CO ILMR I MR U I MU C RRCI MR I LI' O Public and Private Clubs and Lodges, including YMCA, YWCA,and similar C Youth Group Uses - - Record and Tape Stores P P P P I P P P P Recreational Vehicle Storage Yards I C Restaurants (sit down): I I I a) with entertainment and/or cocktail C C C C lounge, bar C C C C C C b) incidental serving of beer and wine(without a cocktail lounge, P P P P P P P P P P P P bar, entertainment or dancing) c) café, limited to 20 seats (including outdoor seating) P P P P P P P P P P P P ' d) Fast Food:With drive-thru C C C C C I C Without drive-thru P P P P P P P P Shnc ctnrc and Ranair chnns P P P _ P P P P P P Specialty Retail P - P P P P P Sporting Goods stores: a) Specialty;_Backpacking,Tennis, Skiing,Mountaineering, Fishing, P P P P P p P P etc. b) General; encompassing a variety p P • of sports equipment P _ P P Supermarkets P - P _ P P P Swimming Pool Services and Supplies P P P . p P Tailor Shops P _ P P P P P P Toy Stores _ P P P P P P P Variety Department Stores, Junior C C P C P P P Department Stores . • Veterinary domestic: ) Non-boarding P C I - P C P p P P C Ib) Boarding C C C C C C Watch and Clock Repair Stores P P P P P P P P P` Yardage Goods Stores P P P P P ENTERTAINMENT AND CULTURAL Subarea One Subarea Two Subarea Three Subarea Four USES _ MU' 1 0 1 MR I P SC CCI 0 IMRIMHR SCICCICO LMRIMR U IMU CCIRRC1MRILI` I O Arcades. C _ C C C I C C C 1 1 Cultural Artist Exhibits: a) Indoor Gallery and Art Sales P C P P C P P b) Outdoor Art Exhibits P C P C P C C Discotheques C C C C C C I C Theaters: . • a) Dinner Theater P P P P C P B) Movie Theater including Multiplex P P P P - 1 Refer to Subarea 4 Section 17.32.0B0.F7.b(footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.D. 4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of at least 15,000 square feet per site or project. This provision is intended to facilitate the development of large, regionally related uses. Regionally Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw customers primarily from the neighborhood or community level. • 5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may occupy a portion of an existing retail building provided the building is at least 50,000 square feet,the public storage use does not occupy the first 100 foot depth of storefront leasable area,and the public storage use does not occupy more than 50 percent of the ground floor of the building. C - .7 4/09 17.32-13 • I _ C R I �� m yr' N rte. t J t L 14r � d <'1,'i 1 i '.ty..ry t I ita`I m�^- 1«virrwr S'n ra ,1 " s, a 711 w f s � il :r Yr ' �Ia } 47 )� M7.a ..W, l+ , i 9 \,.I. ' f 1 � I ' i 3 I -4,5,v' 3o- ;'.' r a w:�"Frt 3.*- r"S ''n _ . q .i �r t S - r "i r 1 B... wArlAl � . 1 • i z fi� '�n tw i v ,f1.1- a "yr�r�'t4::t " .i 4 1 1 .. ' . a , ! k it 1 y 3 t -!:::.•:•“' ( r; _ • 1 .,.:...,-z--,r ''.,..-- .e.. .: r.. fro fe. ..a Asia-- . , s i ".;j E rt*q • Y . L. � "1.'4F- r O C t_ °b � I r-'d _'6_ r ' I /. H .:�id i 6 5 t i n f iL- ?f.t .r -:;k 4ES ! Yt.+ Y } 1J > � �fn •4` �� Y1� � - ._ � t �V I �l ' # a. Y' :: yig 4 a i 13 • 1:41.7h.: -.�4d` I ` s Eea si P 1 d ,a. ; �, 1 ➢ r : # F if, ' Ili P i f v et - 1 1 b,u to `1N d - ', - ++rr-:r�s� rR— a t 'x,' �. 7" 77 w - - 4NtlA3N1Ai a�^ v .. �ti 4. .r s"I s 3' rry-,^,., r+S. .141W;.'I i 47 fff N 4 na 4 Or 1 1 X�r rill, N. � ,� "r fet;' � A kC tM t [� ' 1m (� _ C i ,e._ 1 Es t r I +,. a i? z7} - i „ N t `]r i+e f� .'x x' 'r ,i`'dim „ . 1 H $M C EXHgBfT — D — Rancho Cucamonga Development Code Section 17.32.030 • C. Land Use Definitions 1. Specialty Retail. This use is typified as small shops and boutiques, which specialize in limited product lines of unique and novel designs and/or purposes. Specialty Retail is defined as follows: a. Any retail business not listed separately in Sections 17.32.080.A through D, which limits its sales to product lines of singular purpose or of unique and special design (i.e., cutlery shops, small household or personal appliances, kitchenware, novelty gifts, etc.). Service businesses are not a specialty retail use. b. Limited to a business area of 3,000 square feet totally within an enclosed building. c. The office and administrative use is ancillary to the specialty retail uses and should not exceed 50 percent of the gross floor area in any integrated Specialty Commercial Center or a master planned development. Through the Conditional Use Permit process, the percentage of gross floor area for office and administrative uses may exceed 50 percent, subject to the Commission's findings that the development meets the intent of Specialty Retail, is a benefit to the community, and furthers the goals of this Chapter. • 2. Mixed Use Public Storage. Activities include the rental or lease of small-scale, enclosed storage units or parking spaces when in combination with retail or office uses. Uses typically include self-storage facilities with caretaker's residence and recreational • vehicle storage. Storage shall be set back a minimum of 100 feet from Foothill Boulevard and screened from view. It does not include automotive fleet storage, rental car lots, or overnight storage of service vehicles. . 3. Restaurants with Entertainment and/or Serving of Alcoholic Beverages. This use is typified as a full-service dining facility with major portions of the floor area and'business operations being devoted to the on-site preparation and consumption of food. Entertainment activities should be limited to ancillary support functions, which shall form a minor part of the floor area and business operation. The serving of alcoholic beverages shall be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. D. Master Plans. The intent of a master plan is to provide for integrated development at the earliest possible time in the review process. Through the master plan, there is an opportunity to coordinate the efforts of single or multiple property owners and discourage piecemeal strip commercial development. The following criteria is intended to apply to all projects and should not be constrained to parcel lines or site boundaries: 1. A conceptual master plan may be required by the City Planner when it is evident that piecemeal development will prevent or produce future development of adjacent properties in a manner not consistent with the intent of this Chapter. 2. A conceptual master plan shall be submitted for Planning Commission approval, together with any development proposals, and shall address all other parcels as they relate to the master plan. • • q EXHIBIT - E 17.32-15 �— / 2/01 RESOLUTION NO. 10-26 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION DRC2010-00393, BY DETERMINING THAT A SPRINT WIRELESS PHONE STORE IS SIMILAR TO A SPECIALTY RETAIL USE WITHIN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. North American Wireless filed an application for a Use Determination DRC2010-00393, for a Sprint wireless phone store, within the Specialty Commercial District. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 14th day of July 2010, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the Use Determination and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: • 1. The Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced meeting on July 14, 2010, including written and oral staff reports,the Commission hereby specifically finds as follows: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. The purpose and intent of the Development Code, stated in part in Section 17.32.020 (A1) is, "to accommodate specialty uses, which promote a special landmark quality or create a special ambience, which is unique to a particular subarea." The application applies to property at 8976 Foothill Boulevard within the Thomas Winery Plaza. b. The use in question does meet the purpose and the intent of the district in which it is proposed. The application applies to property at 8976 Foothill Boulevard within the Specialty Commercial District of the Foothill Boulevard Specific Plan. The intent is that the primary use shall be Specialty Retail according to Development.Code Section 17.32.030(C1), which states: "The use is typified as small shops and boutiques,which specialize in limited product lines of unique and novel designs and/or purpose." c. The use in question does meet and conform to the applicable goals and objectives of the General Plan. The General Plan states it: "is responsive to our Vision because it provides further land use support to supplement the activity centers previously envisioned in the Old Cucamonga sector when Foothill Boulevard Specific Plan was prepared." • 3. Based upon substantial evidence presented to this Commission during the above-referenced meeting on July 14, 2010, including written and oral staff reports,the Commission C,o —l� PLANNING COMMISSION RESOLUTION NO. 10-26 USE DETERMINATION DRC2010-00393 - SPRINT July 14, 2010 Page 2 • hereby specifically finds and concludes as follows per the City of Rancho Cucamonga Development Code, Section 17.02.040 D: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. b. The use in question meets the purpose and intent of the intent of the district in which it is proposed. c. The use in question meets and conforms to the applicable goals and objectives of the General Plan. 4. The Planning Department staff has determined that the activity is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The activity qualifies under Section 15061 (b) (1)of the State CEQA Guidelines Project exemption because the activity is not a project as defined in Section 15378 and there is no possibility the activity in question may have a significant effect on the environment.. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon specific findings of facts set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby determines that the Sprint wireless phone store, is of a similar intensity to other permitted or conditionally permitted uses in the same district, does meet the • purpose or intent of the Specialty Commercial District of the Foothill Boulevard Specific Plan, and does conform to the goals and objectives of the General Plan. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: STAFF REPORT �� • PLANNING DEPARTMENT RANCHO Date: July 14, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission • From: James R. Troyer, AICP, Planning Director By: Lois J. Schrader, Planning Commission Secretary Subject: SELECTION OF PLANNING COMMISSION OFFICERS BACKGROUND: The Planning Commission Administrative Regulations provide for the selection of Chairman and Vice Chairman in July of each year. Currently, Commissioner Fletcher serves as Chairman and Commissioner Munoz serves as Vice Chairman. RECOMMENDATION: The Commission should select a Chairman and Vice Chairman to serve for . one-year terms. Respectfully submitted, James R. Troyer, AICP Planning Director JRT/LS • Item D • • c4b441-ve STAFF REPORT Ls PLANNING DEPARTMENT RANCHO CUCAMONGA Date: July 14, 2010 To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Lois J. Schrader, Planning Commission Secretary Subject: DESIGN REVIEW COMMITTEE APPOINTMENTS BACKGROUND: The Design Review Committee is comprised of one Senior Staff representative and two Planning Commissioners with an additional Commissioner serving in the Alternate role as needed. The Commission normally reviews the Design Review Committee membership at least once a year. In January of this year, the Committee membership was reviewed because of Commissioner Stewart's retirement. At that time, the Commission selected Vice Chairman Munoz and • Commissioner Wimberly to serve as regular members and Commissioner Howdyshell agreed to serve in the Alternate position. RECOMMENDATION: The Commission may choose to affirm the current membership of the Design Review Committee or select new members as they deem appropriate at this time. • Respectfully submitted, a4 Jam R. Troyer, AICP Planning Director Attachment: Design Review Committee Membership January 1993 to Present JRT/LS • Item E STAFF REPORT , ti y PLANNING DEPARTMENT I J RANCHO Date: July 14, 20.0 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director • By: Jennifer Nakamura, Associate Planner Subject: DRC2010-00141 - CITY OF RANCHO CUCAMONGA - A PRESENTATION AND DISCUSSION OF RECOMMENDED CHANGES TO THE RANCHO CUCAMONGA • MUNICIPAL CODE REGARDING ENTERTAINMENT • Background On March 16, 2010, the City Council authorized staff to initiate a Municipal Code Amendment to make changes relating to the regulation of entertainment. Chapter 5.12 of the Rancho Cucamonga Municipal Code is the primary vehicle in the City for regulating entertainment. This Chapter was approved via an ordinance in 1986, and has not been revised since its initial approval. There are also several sections of Chapter.17 (Development Code) that discuss entertainment as it relates to land uses. . In the 24 years since the Entertainment regulations were enacted, the City has experienced tremendous growth and significant changes in its demographics. It has become a premier haven for families with children, while also attracting a young, vibrant demographic because of its rich job base. Our wide variety of work and play options have made Rancho Cucamonga a destination of choice for individuals across the Inland Empire. There is a need for entertainment to interest the latter groups, while maintaining a safe community that is desired by the former. Staff has spent the last few months evaluating our Code relative to entertainment as well as looking at how other cities regulate entertainment to determine what changes should be considered. Currently, the City of Rancho Cucamonga has a two pronged process for regulating entertainment. • To analyze the land use suitability of a site to conduct entertainment, a Conditional Use Permit (CUP) is required for any restaurant or bar establishment wanting to have entertainment. The purpose of the CUP is to determine if the site is conducive to entertainment; does it have adequate space, and an appropriate physical layout for the• proposed entertainment. In addition, the owner/operator of the establishment is required to determine their ability to successfully conduct and manage entertainment at an approved location. This two pronged process gives us an opportunity to evaluate not only the location, but the proprietors to ensure that the proposed entertainment will be operated in accordance with current development standards as well as any special conditions imposed on entertainment, either through the CUP process or the entertainment permit process. —" In staffs analysis of this process, we found that there were no fundamental changes required to the Municipal Code; rather, staff found that minor clarifications were needed within the Code to enhance the process. In addition, we have also begun the process of strengthening our internal processes for both analyzing new applications and reviewing existing permits to ensure that all are being reviewed equally. Outlined below are the changes proposed. It tat F PLANNING COMMISSION STAFF REPRORT DRC2010-00141 —CITY OF RANCHO CUCAMONGA • July 14, 2010 Page 2 • Proposed changes to the Municipal Code The following are the proposed changes to Chapter 5.12: • Modify the definition of Entertainment. This is the current definition of Entertainment: "Entertainment"means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons. The existing definition of entertainment is proposed to be modified to read: "Entertainment" means any activity conducted for the primary purpose of diverting or entertaining a clientele in a premises open to the general public. Such activity shall include, but not be limited to, dancing, whether by performers or patrons of the establishment, live musical performances, musical entertainment provided by a Disc Jockey, karaoke, or any similar entertainment activity involving reproduced music. • • Changes to exclusions to defined entertainment. Currently, solo piano and harp players were exempt from entertainment. This definition has been expanded to include up to two acoustical performers in a restaurant in conjunction with meal service. This allows for an enhanced variety of entertainment that would not warrant an entertainment permit. • Enhanced application requirements for applicants would include submitting not only names of owners and managers, but photos as well for easy identification. In addition, we are also exploring the possibility of fingerprinting applicants as well as asking local law enforcement to conduct an appropriate background check. • Public noticing requirements would be changed to reflect the current standard of 660-foot radius for individual property noticing., While we are currently doing this for all new applications to be consistent with the noticing requirements outlined in the Development Code, we want to update Chapter 5.12 to reflect these changes. • Fees for renewal would be changed from the current codified amount of $75 per year to an amount set by a City Council Resolution, as is done with other fees charged by the City. This • will allow us to charge a fee to recoup our administrative and investigative costs for annual renewals. • Add a new section to the code to clearly define that entertainment permits are not-transferrable, either by change in ownership or change in location. • Remove the Code requirement for security guards at dances with dance floors over 150 square feet. This language does not allow staff the flexibility to work with the property owner to best determine security requirements for the proposed entertainment. This will now be added as a Condition of Approval for entertainment permits. . In addition to the proposed changes to Chapter 5.12, staff is proposing changes to the Conditional Use Permit section of Chapter 17.04: In order for a Conditional Use Permit to be approved, specific findings have to be met. These findings as referenced in the Code are: PLANNING COMMISSION STAFF REPRORT DRC2010-00141 —CITY OF RANCHO CUCAMONGA July 14, 2010 • Page 3 1. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Development Code. Staff proposes adding an additional finding for Conditional Use Permits for entertainment that would read: 4. That the proposed location has adequate space and an appropriate floor plan for the proposed entertainment uses. In addition, staff is also reviewing our definition for restaurants to ensure that restaurants are adequately and appropriately defined. • Internal Review Procedures • • Staff is also working on developing a comprehensive program for the review of new Entertainment Permits as well as applications for renewal in conjunction with the proposed Code amendment changes that would include: • Comprehensive application checklists for prospective applicants. • Thorough application review. • Coordinating preliminary investigations as needed with other departments (Police, Fire, Building and Safety, Business License, etc.). • Writing staff reports to ensure findings are clear and met for both the CUP and the EP. • Developing a comprehensive set of Conditions of Approval for entertainment uses that can be tailored to each application. • Clear procedures for handling renewal applications. • Specific procedures for continuing outreach to entertainment permitees and handling complaints consistently and promptly. • Periodic inspections by fire safety to ensure compliance. • Conclusion These proposed changes will help the City balance the need for maintaining a safe community for residents while enhancing the amenities we offer to both residents as well as visitors from within the Inland Empire. The goal with these proposed changes is not to limit entertainment; instead these • regulations are designed to provide the highest quality entertainment to the residents and visitors of Rancho Cucamonga. Staff welcomes the comments of the Commission and direction on our proposed changes to the Code. F-3 PLANNING COMMISSION STAFF REPRORT DRC2010-00141 —CITY OF RANCHO CUCAMONGA July 14, 2010 Page 4 • Respectfully Submitted, James R. Troyer, AICP Planning Director JT:JN/Is • • 3 " nom.- tiD � ;il V . sR -' -a m o CD O '{ CD ; 1 02 0. (19- o • — . 3 = CD = a 3 ,-, a 3 „ .• 0 ; ,\.\\ u) 0 0 i , . 4t\ C) rim O t CD = CD a . i . 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CD% i . , . li t a 3 , ,, , 3 , , ,, -rtt A ;, CD STAFF REPORT • PLANNING DEPARTMENT I t RANCHO Date: July 14, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: DRC2010-00331 - CITY OF RANCHO CUCAMONGA - A PRESENTATION AND DISCUSSION OF RECOMMENDED CHANGES TO THE DEVELOPMENT CODE REGARDING LANDSCAPING REQUIREMENTS. Background. • On May 19, 2010, the City Council authorized staff to initiate a Development Code amendment to make changes relating to landscaping requirements. Water conservation has been a topic of much discussion and action both at the State and local level. One of the long term effects of water conservation is the change in physical appearances of the landscapes installed by residential and non-residential property owners; lush lawns and water loving groundcover are being replaced by more California-friendly, native landscapes. The City of Rancho Cucamonga passed Ordinance • 823 (Water Efficient Landscapes) in compliance with State Law AB1881, to encourage a change in landscape appearance by requiring landscapes based on water budgets that were consistent with local conditions. This Ordinance mainly applies to new development, however, we are seeing property owners wanting to "do their part" to conserve water and modify their existing landscapes to • reflect a lower consumption of water. We welcome residents adopting a more water efficient landscape, but these landscapes can result in "rockscapes" or vast amounts of hardscape with little landscaping as a means of saving water. The Development Code, Title 17 of the Rancho Cucamonga Municipal Code, does not adequately address minimum landscape requirements for residential parcels. It is important that we develop and codify minimum landscape requirements that will meet the visual aesthetic standard that Rancho Cucamonga is known for. Analysis On June 9, 2010, staff made a presentation to the Planning Commission on concepts in alternative landscaping. Photos were shown with different examples of alternative landscaping for review and feedback. The overall comments directed staff to focus on simple straightforward requirements to allow for maximum flexibility for homeowners. After additional research, staff determined that adding a minimum landscape requirement would allow residents to landscape as they desire, and keep the amount of hardscape to a reasonable amount. • Many other cities have a minimum landscape requirement that is either 60 percent landscape and 40 percent hardscape, or 50 percent landscape and 50 percent hardscape. Since we saw many examples of hardscape being incorporated into the landscape in a decorative fashion, plus the need for hardscape for driveways and walkways, staff is proposing a 50 percent landscape, 50 percent hardscape requirement in the front yard. These provisions will be written into Chapter 17.08 of the • Development Code. Item G PLANNING COMMISSION STAFF REPORT DRC2010-00331 —CITY OF RANCHO CUCAMONGA July 14, 2010 Page 2 • This is the current definition of landscaping: • LANDSCAPING: An area devoted to or developed and maintained predominately with native or exotic plant materials including turf (natural or synthetic), ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements. Staff feels this definition lends itself to counting paved surfaces, traditionally considered hardscape, as landscaping. Staff suggests revising the definition of landscaping to remove hardscape materials as follows: LANDSCAPING: An area devoted to or developed and maintained predominately with native or exotic plant materials including turf (natural or synthetic), ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved—er ---- -- - . - - - , -- - - ° - , and sculptural elements. Conclusion These proposed changes will allow residents flexibility in landscaping design options, while balancing a need to provide a natural front yard landscape that may be more attractive overall. Staff welcomes the Commissions comments and direction on the proposed changes to the code. • Respectfully Submitted, q9196-14 gu 41Wri James.R. Troyer, AICP Planning Director • JT:JN/Is • .• .iii *I' ahthigt, W u C"):. 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