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HomeMy WebLinkAbout04-29 - Resolutions RESOLUTION NO. 04-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2004-00034 - HOFS HUT RESTAURANTS, INC. (LUCILLE'S SMOKEHOUSE BAR) - A REQUEST TO ALLOW LIVE BAND ENTERTAINMENT IN A FULL SERVICE RESTAURANT INCLUDING A BAR, LOCATED IN THE MIXED-USE DISTRICT OF THE VICTORIA COMMUNITY PLAN WITHIN THE VICTORIA GARDENS REGIONAL CENTER LOCATED AT THE NORTHWEST CORNER OF NORTH MAINSTREET AND EDEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0227-201-35. A. Recitals. 1. Craig Hoffman of Lucille's Smokehouse Bar-B-Que filed an application for the issuance of Entertainment Permit No. DRC2004-00034, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 3. On February 25, 2004, 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 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 February 25, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property in the Mixed-Use District of the Victoria Community Plan located within the Victoria Gardens Regional Center now under construction; and b. The surrounding area is zoned for Mixed-Use development as part of the Victoria Gardens Regional Center with future high density multi-family housing (up to 30 dwelling units per acres) more than 400 feet to the north of the subject restaurant and separated from the restaurant by the AMC Theater; and PLANNING COMMISSION RESOLUTION NO. 0429 DRC2004-00034— LUCILLE'S SMOKEHOUSE BAR-B-QUE February 25, 2004 Page 2 C. The applicant's request is to include live entertainment, two to three musicians, conducted inside a BBQ restaurant including a bar and no dancing; and d. Because of the nature of the business, there is a potential for nuisance problems such as loud music, loud noise, and loitering. These types of nuisance problems could adversely impact the adjacent businesses. However, staff believes that if the applicant conforms to all conditions of approval, the surrounding businesses will not be significantly impacted. Furthermore, staff has visited an existing Lucille's operation and found none of these nuisance problems occurring. 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. That 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. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; and C. That 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. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding Victoria Gardens Regional Center and future multiple and single-family residences to be developed northerly of the site; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. This Commission hereby finds and determined 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 conditions set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 04-29 DRC2004-00034— LUCILLE'S SMOKEHOUSE BAR-B-QUE February 25, 2004 Page 3 Planning Division 1) This approval is for an Entertainment Permit allowing only live entertainment in a full service restaurant with service of alcoholic beverages. Any change of intensity or type of entertainment shall require a modification to this permit. 2) Entertainment shall be limited to 7:00 p.m. to midnight, seven nights a week. Any expansion or change of days and/or hours shall require modification to this permit. 3) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code is permitted. 4) Entertainment shall be conducted entirely within the building. Any outdoor music "piped" via a speaker system shall be attenuated at such a level as to not be a nuisance to persons passing by of reasonable or normal sensitivity. 5) While entertainment is being conducted, all doors and windows shall remain closed for noise attenuation purposes. This does not include the routine opening and closing of doors to access the outdoor patio dining area, either by customers or staff but these doors shall remain open only as long as is needed for such service/access. 6) Exterior noise levels shall not exceed 60 dBA during the hours between 7:00 a.m. to 10:00 p.m. and 55 dBA during the hours between 10:00 p.m. to 7:00 a.m. 7) If operation of this Entertainment Permit causes adverse effects upon adjacent businesses, or nearby residences, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 8) 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. 9) The applicant shall submit an annual Entertainment Renewal Permit and fee of$75 per Municipal Code Section 5.12.115. 6. The Secretary to this Commission shall certify to the adopted of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 04-29 DRC2004-00034— LUCILLE'S SMOKEHOUSE BAR-B-QUE February 25, 2004 Page 4 BY: Rich Macias, Chairman ATTEST: Brad Bu cretary I, Brad Buller, 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 25th day of February 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2004-00034 SUBJECT: ENTERTAINMENT PERMIT APPLICANT: LUCILLE'S SMOKEHOUSE BAR-B-QUE LOCATION: VICTORIA GARDENS REGIONAL CENTER ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACTTHE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date A. 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. 04-29, 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. B. 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 City Planner. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied 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. 3. 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. SC-1-04 1 Project No. DRC2004-00034 Completion Date C. Shopping Centers 1. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: 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 7 a.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 similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) D. 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 Division Project Number(i.e.,SUBTT#, SUBTPM#, DRC#)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 --J--J— the City prior to permit issuance. 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/_/_ contact the Building and Safety Division staff for information and submittal requirements. SC-1-04 2 Project No. DRC2004-00034 Completion Date E. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2001-00001). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. F. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 5. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 6. Provide draft stops in attics in line with common walls. —/—/- 7. Roofing materials shall be Class "A." —/—/- 8. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 9. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Security Lighting 1. Lighting in exterior areas shall be in vandal-resistant fixtures. —/—/— H. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All roof openings giving access to the building shall be secured with either iron bars,metal gates, or alarmed. I. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. 2. Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars. SC-1-04 3 Project No. DRC2004-00034 Completion Date J. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriff's dispatch number: (909) 941-1488. SC-1-04 4