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HomeMy WebLinkAbout10-57 - Resolutions RESOLUTION NO. 10-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2010-00731,A REQUEST TO INCLUDE LIVE ENTERTAINMENT LIMITED TO KARAOKE, DJ, AND BANDS IN CONJUNCTION WITH 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. On May 21, 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Carole McIntosh, on behalf of Hide A While lounge, filed an application for the issuance of Conditional Use Permit DRC2010-00729, 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 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. 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 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 Boulevard, 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 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 ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 2 d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner to prevent incidents resulting in calls for service; and e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential developments 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 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 commercial center and adjacent residential developments; 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 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 attached Standard Conditions incorporated herein by this reference: PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 3 Planning Department 1) Approval is hereby granted to Carole McIntosh and Timothy Palmer, owners,for an Entertainment Permit, to provide live entertainment limited to karaoke, DJ's, and small bands groups in conjunction with a 1,413 square foot cocktail lounge in the Community Commercial District, located at the southwest corner of Foothill Boulevard and Ramona Avenue, 9469 Foothill Boulevard - APN: 0208-261-40. 2) This approval is only for karaoke, DJ's, and small bands, limited to four musical performers. Any change of intensity or type of entertainment, including but not limited to dancing, shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursday through Sunday and Holidays between 7:00 p.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 business 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 only 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 before the Planning Commission for consideration and possible suspension or revocation of the permit. PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 4 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) Except in case of emergency, the licensee shall not permit its patrons to enteror 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. 15) 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. 16) 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. 17) 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) 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. PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 5 2) Upon CUP and EP approval, if any modifications are made to the building, plans must be submitted for review. To submit plans call (909) 477-2710 for more information. 3) 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. 6. 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 BY. Luis Munoz, Jr., Chairman ATTEST: �/J' V-- L44// Ja r 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 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:\PLANNING\FINAL\PLNGCOMM\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