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HomeMy WebLinkAbout10-56 - Resolutions RESOLUTION NO.10- 56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00730,A REQUEST TO PROVIDE ENTERTAINMENT AND FIVE AMUSEMENT DEVICES WITHIN A 1,413 SQUARE FOOT COCKTAIL LOUNGE IN THE COMMUNITY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9469 FOOTHILL BOULEVARD — APN: 0208-261-40; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Carole McIntosh, on behalf of Hide A While Lounge,filed an application for the issuance of Conditional Use Permit DRC2010-00730, 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 8th day of December, 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 December 8, 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 9469 Foothill Avenue, with a street frontage of approximately 206 feet along Foothill Boulevard and 238 feet along Ramona Avenue, and a lot depth of approximately 258 feet and which is presently improved with an existing multi-tenant commercial center; and b. The property to the north is zoned Community Commercial and is improved with a commercial center; the property to the south is zoned Community Commercial and is improved with a storage facility; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property west is zoned Community Commercial and is improved with a commercial center; and C. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-4.3, which encourages neighborhood serving uses along Foothill Boulevard west of Haven Avenue, providing a range of commercial and residential uses. The Hide A While lounge has been serving the local community for nearly 50 years and with the addition of the proposed amusement devices and entertainment to this location, the needs of local residents can be continue to be met; and PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730— CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 2 d. The proposed use 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 ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and e. The proposed use complies with each applicable provision of the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use 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. 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 Development Code, and the purposes of the district in which the site is located. 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. C. The proposed use complies with each of the applicable provisions of the Development Code. 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 Section 15301-Existing Facilities because the project does not result in any 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 staffs 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 Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for the operation of a 1,413 square foot cocktail lounge with five amusement devices and entertainment in the Community Commercial District(Subarea 3), located at the southwest corner of Foothill Boulevard and Ramona Avenue, 9469 Foothill Boulevard -APN: 0208-261-40. PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730— CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 3 2) The hours of operation set forth in this Conditional Use Permit shall supersede the hours of operation set in CUP92-07. All other Conditions Of Approval for CUP92-07 shall still be in effect. 3) Entertainment shall not be provided without a valid Entertainment Permit. The business shall comply with all Conditions of Approval for such Entertainment Permit, including without limitation, the hours of operation set forth in the Entertainment Permit. 4) Any increase in the number of amusement devices shall require a modification to the Conditional Use Permit. 5) The days and hours of operation shall be limited to Monday through Sunday between 10:00 a.m. to 2:00 a.m. 6) The sale of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition No. 5. 7) 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. 8) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 9) No modifications to the Floor Plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 10) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 11) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730—CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 4 12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free," "Two for the price of one," or "All you can drink for ..." or similar language. 13) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 14) Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. 15) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 16) Employees shall not consume any alcoholic beverages during their work shift. 17) A file containing the names and dates of employment of every person serving alcoholic beverages for consumption by patrons on the licensed premises and every manager shall be kept on the premises. The file shall also include a copy of each person's Certificate of Completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on Alcohol and Drugs) or equivalent. Upon request, said file shall be made available for review to representative of the City of Rancho Cucamonga Police Department. New employees will have 90 days from date of employment to obtain L.E.A.D. certification or equivalent. 18) There shall be a Designated Driver Program wherein there is an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of patrons. 19) There shall be a Taxi-Ride Program where the establishment will offer to call a taxi for patrons when it seems appropriate. Phone numbers of local taxi companies shall be posted for viewing by patrons. Security: 20) 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. 21) 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 PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 5 provoke an immediate violent reaction shall be removed from the premises. 22) 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 incident, and 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. 23) 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. Fire District/Building and Safety Department 1) If any modifications are made to the building, plans must be submitted for review. To submit plans call (909) 477-2710 for more information. 2) Occupant load is not to increase with the entertainment function, maintain the occupant load as previously approved and posted. If the entertainment activity includes dancing or modifications of the seating arrangement,the business owner upon CUP approval, must apply for a new Fire Code Assembly permit. Please contact Fire Construction Services at, (909) 477-2710 to obtain a permit application and details of the Floor Plan requirements. The band equipment and/or platform may not obstruct the exit doors or path of travel. Banners or decorations in the lounge must be fire retardant as required for the occupancy. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730—CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 6 BY: Luis Munoz, Jr., Chairman ATTEST: n' Jam R. Troyer, AICP, Se etary 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 8th day of December 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ; OAXACA; WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00730 AND DRC2010-00731 SUBJECT: CONDITIONAL USE PERMIT (CUP) AND ENTERTAINMENT PERMIT (EP) APPLICANT: CAROL MCINTOSH FOR HIDE A WHILE LOUNGE LOCATION: 9469 FOOTHILL BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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. 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 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 Department, the conditions contained herein, Development Code regulations, the Foothill Boulevard Specific Plan, and the Community 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 Planning Director. SC-12-08 1 I:\P1-ANNING\FINAL\PLNGC0MM\2010 Res & Stf Rpt\DRC2010-00730-731 StdCond 12-8.doc Project No.DRC2010-00730-00731 Completion Date 3. 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 Department 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, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00730-731 StdCond 12-8.doc