HomeMy WebLinkAbout12-32 - Resolutions RESOLUTION NO. 12-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT
DRC2012-00058, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS
BANDS AND DANCING IN CONJUNCTION WITH A 7,597 SQUARE FOOT
RESTAURANT AND BAR IN THE SPECIALTY COMMERCIAL DISTRICT OF THE
FOOTHILL BOULEVARD DISTRICT (SUBAREA 2), LOCATED ON THE
NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUEAT
8916 FOOTHILL BOULEVARD - APN: 0208-101-23; 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. SSB Partners Inc., filed an application for the issuance of Entertainment Permit DRC2012-00058,
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 11th day of July, 2012, 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 11, 2012, 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 8916 Foothill Boulevard, with a street
frontage of parcel 0208-101-23 being approximately 405 feet along Vineyard Avenue, and a lot depth of
approximately 297 feet. The entire center has street frontages of approximately 744 feet along Vineyard
Avenue, and approximately 560 feet along both San Bernardino Road and Foothill Boulevard, which is
presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings,
parking areas, and landscaping; and
b. The properties to the north consist of both office and single-family residences in the Office
and Low-Medium zoning Districts respectively, to the south is a commercial strip center and gas station in the
Community Commercial District of the Foothill Boulevard District (Subarea 2), to the east and west are
shopping center in the Community Commercial District of the Foothill Boulevard District(Subarea 2), and the
subject property is in the Specialty Commercial District of the Foothill Boulevard District (Subarea 2); and
C. 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 security provisions are in place to regulate
the conduct of patrons to prevent incidents resulting in calls for service; and
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058 — SSB PARTNERS INC
July 11, 2012
Page 2
d. The applicant is concurrently processing Conditional Use Permit DRC2012-00057 in order to
operate a restaurant with a bar under a Type-47 Alcoholic Beverage Control license. The partnership is also
processing Minor Development Review DRC2012-00696 to allow for the construction of the outdoor dining
area on the north side of the building; and
e. 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. 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. The proposed use is in accordance with
General Plan Policy LU-1.3 that encourages commercial centers to provide a broad range of retail and
service needs for the community. With the addition of the restaurant and bar with outdoor dining to the
shopping center, the shopping center can expand its services and attract a wider range of residents.
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 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.
C. The proposed use complies with each of the applicable provisions 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.
d. 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
e. That the premises or establishment is not likely to be operated in an illegal, improper or
disorderly manner; and
f. 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
g. That granting the application would not create a public nuisance; and
h. That the normal operation of the premises would not interfere with the peace and quiet of the
surrounding commercial center or adjacent apartment complex; and
i. That the applicant has not made any false, misleading, or fraudulent statement of material
fact in the required application.
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058— SSB PARTNERS INC
July 11, 2012
Page 3
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 underthe Class 1 exemption under State CEQA Guidelines Section 15301-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 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 SSB Partners Inc., for an Entertainment Permit
which includes live entertainment such as dancing, bands, and karaoke in
conjunction with a 7,597 square foot restaurant and bar with entertainment and
outdoor dining in the Specialty Commercial District of Subarea 2 of the Foothill
Boulevard District, located at the northeast corner of Foothill Boulevard and
Vineyard Avenue at 8916 Foothill Boulevard —APN: 0208-101-23.
2) This approval is only for disc jockeys, bands, dancing only in the designated
dance area indicated on the submitted plan attached as exhibit "A", and
karaoke. The dance floor is limited to 187 square feet. 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 Friday
and Saturday: 9:30 p.m. to 2:00 a.m. and Sundays through Thursday: 9:30 p.m.
to 12:00 a.m. Any expansion of days and/or hours shall require modification to
this permit.
4) An entertainment permit may be transferred or assigned to another person or
business entity at the same physical location, provided there is no intensification
of the originally approved entertainment use. Any request for transfer of an
entertainment permit due to change in ownership shall be submitted in writing.
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.
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058 — SSB PARTNERS INC
July 11, 2012
Page 4
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.
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.
14) The entertainment shall not be intensified without Planning Commission review
and approval. The restaurant shall operate and be maintained in accordance
with the Floor Plan as shown in the Staff Report for DRC2012-00058 and as
attached to this Resolution (Attachment A) and hereby referenced in the
Conditions of Approval.
Security:
15) A minimum of 7 duly licensed, certified or trained, and regularly employed
security guards 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.
16) 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.
17) 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.
18) 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
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058— SSB PARTNERS INC
July 11, 2012
Page 5
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.
19) 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.
20) 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.
21) 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.
22) 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.
23) 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
FIRE CONSTRUCTION SERVICES STANDARD CONDITIONS FOR TENANT
IMPROVEMENT
1) Submit plans to Building and Safety for fire review; include in the plans a copy of
the CA Fire code Chapter 14 for "Fire Safety During Construction and
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058 — SSB PARTNERS INC
July 11, 2012
Page 6
Demolition." The plans shall provide the building data such as square footage
(existing and proposes) type of construction, occupancy group(s), and the
number of stories and indicate if the building is equipped with automatic fire
sprinklers." An Assembly use permit per the fire code will be required. Provide
the following notes in the plans:
BEFORE CALLING FOR INSPECTION PLEASE COMPLY WITH THE
FOLLOWING REQUIREMENTS:
2) A fire inspection and final approval is required before the Building Department
will accept a building final inspection request. To schedule a fire inspection,
please call (909) 477-2777 or go on line at www.rctops.org . Fire Construction
Services (FCS) personnel can be reached at (909) 477-2713.
3) A Knox box must be purchased and installed in accordance with RCFPD policy,
unless the Knox box already exists on the building. The policy and Knox box
application are available at the Building and Safety counter.
4) The key to the building or suite must be given to the fire inspector at the time of
final inspection. The key will be locked in the Knox box for fire department
emergency access.
5) Fire extinguishers must be installed per the RCFPD policy. The policy is
available at the Building and Safety counter.
6) The occupant must fill out the blue FCS's"Emergency Contact Information"form
prior to final inspection. Present the completed form to the fire inspector at the
time of final fire inspection. The form is available at the Building and Safety
counter.
7) If sprinkler modifications are required a separate plan must be submitted for
review and approval. Work shall not commence until a permit is obtained.
Inspection of rough piping must be performed prior to concealment. Ceiling tiles
must not be installed until the rough piping is approved by the fire inspector.
8) If an automatic or manual fire alarm system (including fire sprinkler monitoring)
installation, repair or modifications are required, plans must be submitted
separately for review and approval. Fire alarm work shall not commence until a
permit is obtained.
9) If a Type I hood for commercial cooking is installed, a fixed fire suppression
system is required, plans must be submitted separately for review and approval.
Work shall not commence until a permit is obtained.
10) If the building is equipped with automatic fire sprinklers the general contractor
must confirm that the 5-year certification of the fire sprinkler system is current.
The certificate must be affixed to the system riser. If the system is not certified,
the General Contractor must contact the building owner. A qualified company
must certify the system prior to final inspection.
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058— SSB PARTNERS INC
July 11, 2012
Page 7
11) The suite address must be installed on all exterior doors of the suite in 4-inch
high letters contrasting with the background.
12) The duct smoke detectors required by the 2007 CA Mechanical Code for HVAC
shut down must not be interconnected to the fire sprinkler monitoring alarm;
when the duct detectors are not installed in a normally occupied space they must
be equipped with an audible and visual notification device including a test and
reset controls in accordance to the 2007 CA Fire Code.
13) Fire safety during construction and demolition must be observed; please,
familiarize yourself and your employees with the CA Fire Code chapter 14
regulations.
14) False alarms which summon the fire department which are caused by
construction personnel will be charged a false alarm fee by the fire department.
15) The approval of these plans does not do not constitute approval of any building
or fire code violation. Any code violation observed by the fire inspector must be
corrected before and occupancy clearance is granted by Fire Construction
Services.
16) The approval of these plans does not include work that may be shown on the
plans which is not in the scope of the permit issued. Hazardous materials
(including wholesale and retail exempt amounts), fire suppression/fire detection
systems, merchandise display fixtures, storage racks, warehouse storage,
production processes and/or equipment installation are explicitly excluded from
this approval and will require separate plan check submittal and Fire Code
permits.
17) 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 11TH DAY OF JULY 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST:
CanclypT3urne , Senior Planner
PLANNING COMMISSION RESOLUTION NO. 12-32
DRC2012-00058— SSB PARTNERS INC
July 11, 2012
Page 8
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 11th day of July 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
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FLOOR PLAN
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2012-00058
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: SSB PARTNERS INC
LOCATION: 8916 FOOTHILL BOULEVARD -APN: 0208-101-23
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. Copies of the signed Planning Commission Resolution of Approval No. 12-32, 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.
3. 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
SC-12-08 1
Project No. DRC2012-00058
completion Date
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, and the Victoria Gardens Master 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.
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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