HomeMy WebLinkAbout10-58 - Resolutions RESOLUTION NO.10-58
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT PERMIT
DRC2010-00680,A REQUEST TO INCLUDE LIVE ENTERTAINMENT, LIMITED TO
KARAOKE, DJ, AND DANCING IN CONJUNCTION WITH A 5,300 SQUARE FOOT
RESTAURANT AND BAR IN THE SPECIALTY COMMERCIAL DISTRICT OF THE
FOOTHILL BOULEVARD DISTRICTS (SUBAREA 2), LOCATED AT THE
NORTHEAST CORNER OF FOOTHILL BOULEVARDAND VINEYARD AVENUE AT
7945 FOOTHILL BOULEVARD, SUITE D-7 — APN: 0208-101-05; 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. Sartaj Singh, on behalf of Antonino's Restaurant, filed an application for the issuance of
Entertainment Permit DRC2010-00680, 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 7945 Foothill Boulevard, Suite D-7, with a
street frontage of approximately 536 feet along Foothill Boulevard and 730 feet along Vineyard Avenue,which
is presently improved with an existing multi-tenant commercial center; and
b. The property to the north is zoned Office Professional and is improved with an office
building; the property to the south is zoned Community Commercial and is improved with a commercial
center; the property to the east is zoned Community Commercial and is improved with a commercial center;
and the property to the 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
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
PLANNING COMMISSION RESOLUTION NO. 10-58
DRC2010-00680 — SARTAJ SINGH FOR ANTONINO'S RESTAURANT
December 8, 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 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 the 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 forwhich 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 Department
1) Approval is hereby granted to Sartaj Singh, owner, for an Entertainment Permit
which includes live entertainment such as karaoke, DJ's, and dancing in
PLANNING COMMISSION RESOLUTION NO. 10-58
DRC2010-00680 — SARTAJ SINGH FOR ANTONINO'S RESTAURANT
December 8, 2010
Page 3
conjunction with a 5,300 square foot bar and restaurant in the Specialty
Commercial District, located at the northeast corner of Foothill Boulevard and
Vineyard, 7945 Foothill Boulevard, Suite D-7 -APN: 0208-101-05.
2) This approval is for karaoke to be held daily from 5:00 p.m. to 12:00 a.m. and for
a DJ and dancing on Halloween and New Year's Eve only from 5:00 p.m. to
12:00 a.m.
3) Any change of intensity or type of entertainment including, but not limited to,
increasing the days allowed for a DJ and dancing, live bands, or the expansion
of the approved 49 square foot dance floor, shall require a modification to this
permit.
4) Dancing is not allowed during karaoke entertainment.
5) 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.
6) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code,
Section 17.04.090, shall be permitted.
7) 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.
8) Entertainment shall be conducted inside the building.
9) When entertainment is being conducted, doors and windows shall remain closed
for noise attenuation purposes.
10) 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.
11) 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."
12) 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.
13) 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.
PLANNING COMMISSION RESOLUTION NO. 10-58
DRC2010-00680— SARTAJ SINGH FOR ANTONINO'S RESTAURANT
December 8, 2010
Page 4
14) This permit shall be renewed annually by the applicant per Municipal Code
Section 5.12.115.
Security:
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 the 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) 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 the 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 the 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.
2) Maintain the dance floor area behind the bar area as proposed.
PLANNING COMMISSION RESOLUTION NO. 10-58
DRC2010-00680 — SARTAJ SINGH FOR ANTONINO'S RESTAURANT
December 8, 2010
Page 5
3) If the entertainment activity includes modifications of the seating arrangement,
the business owner, upon 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
4) Do not add furnishings that may block exit aisles or exit doors.
5) Any new decorations installed must be flame retardant.
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: 7
Luis Munoz, Jr., Chairma
ATTEST: (� "`� 9 ' J4411W
Ja V
R. Troyer, AICP, Sec 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
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00680
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: SARTAJ SINGH FOR ANTONINO'S RESTAURANT
LOCATION: 7945 FOOTHILL —APN: 0208-101-05
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
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Project No. DRC2010-00680
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.
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