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HomeMy WebLinkAbout10-30 - Resolutions RESOLUTION NO. 10-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2010-00356, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS BANDS AND DANCING IN CONJUNCTION WITH A 15,928 SQUARE FOOT RESTAURANT AND BAR IN THE MIXED USE DISTRICT OF THE VICTORIA GARDENS MASTER PLAN, LOCATED ON THE SOUTHWEST CORNER OF NORTH MAIN STREET AND EDEN AVENUE AT 12635 NORTH MAIN STREET - APN: 0227-452-43; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21; 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance No.290 providing for the regulation of entertainment. 2. CRGE Rancho Cucamonga LLC, filed an application for the issuance of Entertainment Permit DRC2010-00356, 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 28th 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. 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 July 28, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 12635 North Main Street, with a street frontage of approximately 400 feet along Church Street, 925 feet along Victoria Gardens Lane,and 460 feet along Day Creek Boulevard,and lot depth of approximately 965 feet and which is presently improved with an existing shopping center consisting of pad buildings, in-line tenant buildings,parking areas,and landscaping; and b. The properties to the north, south,east,and west are all part of the existing Victoria Gardens shopping center which is located in the Mixed Use zoning district; and C. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require on-site security during the hours of entertainment and ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and d. The premises or establishment is not likelyto be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 2 e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 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 ahy.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 commercial center and adjacent residential development; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 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 under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any major interior or exterior alterations. In addition, there is no substantial evidence that the project 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 staff's determination of exemption. 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 attached Standard Conditions incorporated herein by this reference: PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356— CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 3 Planning Department 1) Approval is hereby granted to CRGE Rancho Cucamonga LLC, d.b.a. Toby Keith's 'I Love This Bar and Grill,' owner, for an Entertainment Permit which includes live entertainment such as dancing, bands, and mechanical bull riding in conjunction with a 15,928 square foot restaurant and bar in the Mixed Use District of the Victoria Gardens Master Plan, located on the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street- APN: 0227-452-43. 2) This approval is only for bands, dancing, and mechanical bull riding. Any change of intensity or type of entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Monday through Saturday 9:00 p.m.to 1:00 a.m.,Sundays between 8:00 p.m.to 12:00 a.m., holidays between 2:00 p.m. and 1:00 a.m., and special events between 10:00 a.m. and 1:00 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) Per Section 5.12 of the Rancho,Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the property be sold or ownership transferred, a new, Entertainment Permit must be, reviewed and issued by the Planning Commission to the new owner. 5) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 6) There shall be no flashing lights,disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 7) Entertainment shall be conducted inside the building. 8) When entertainment is being conducted,doors and windows shall remain closed for noise attenuation purposes. 9) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 10) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 11) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 4 before the Planning Commission for consideration and possible suspension or revocation of the permit. 12) 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. 13) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security: 14) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm as approved by the Rancho Cucamonga Police Department shall be required to be on the premises during the hours of entertainment as defined in Condition No.3. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside of the adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons, or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 15) Except in case of emergency,the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 16) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely.,to provoke an immediate violent reaction shall be removed from the premises. 17) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date,time,description of the incident, and the action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 18) Security personnel required by the Entertainment Permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356– CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 5 19) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s);verifying age/checking identification of patrons;warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 20) Contract security services shall be familiar with the establishment's written security policy and procedures; by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual. 21) Prior to utilizing a contract security guard company,the establishment shall verify that the security company has a current business license with the City of Rancho Cucamonga. 22) Install a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of entertainment. Videos are to be recorded and a library of events shall be kept and available for inspection by the .City of Rancho Cucamonga Police Department. Fire District/Building and Safety Department 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 Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JULY 2010. PLANNING COM SSION OF TH CITY OF RANCHO CUCAMONGA BY: c;— Luis Munoz, Jr., Chairman ATTEST: Janff R. Troyer, AICP, ecreta PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 6 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 28th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE s Rancho Cucamonga Fire Protection District - - Fire Construction Services STANDARD CONDITIONS July 13, 2010 Toby Keith's Bar and Grill 12635 North Main Street DRC2010-00355 and DRC2010-00356 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The entertainment activities must be in accordance with the occupancy of the building as approved by the Building and Fire Departments FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed modified as required and in accordance with the 2002 Edition of NFPA 13, the California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46. FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The fire alarm system must be installed in accordance with the 2007 edition of NFPA 72, The 2007 California Building Code, the RCFPD Fire Alarm Standard, and Ordinance FD46. The fire sprinkler systems must be monitoring by Central Station monitoring system. A manual and or automatic fire alarm system fire is also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire Department Access 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 2. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 3. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. L Ladder points shall face a fire access roadway(s). 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. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Repair Garages Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 2 2. Fire Flow: A current fire flow letter from CCWD must be received with fire sprinkler plan check documents. The applicant is responsible for obtaining the fire flow information from CCW D and submitting the letter to Fire Construction Services. 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. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 2. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 3. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 4. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 5. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 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. 6. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 7. 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. 8. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 '/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard 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. 3