HomeMy WebLinkAbout13-55 - Resolutions RESOLUTION NO. 13-55
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT DRC2013-00886, A REQUEST TO PROVIDE LIVE
ENTERTAINMENT IN CONJUNCTION WITH A 9,100 SQUARE FOOT
FULL SERVICE RESTAURANT AND BAR SERVING DISTILLED SPIRITS
FOR A SITE LOCATED WITHIN THE FOOTHILL MARKETPLACE
COMMERCIAL CENTER ON THE SOUTH SIDE OF FOOTHILL
BOULEVARD AND EAST OF THE 1-15 FREEWAY WITHIN THE
REGIONALLY RELATED OFFICE/COMMERCIAL (RRO/C)
DEVELOPMENT DISTRICT AT 12809-B FOOTHILL BOULEVARD; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-031-33.
A. Recitals.
1. Cameron Pelado restaurant has filed an application for the issuance of Entertainment
Permit DRC2013-00886 as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Entertainment Permit request is referred to as "the application."
2. On the 11th day of December, 2013, 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 11, 2013 including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 9,100 square foot tenant space located within the
545,906 square foot Foothill Marketplace commercial center located on the south side of Foothill
Boulevard and east of the 1-15 Freeway at 12809-B Foothill Boulevard; and
b. To the north (across Foothill Boulevard) is a commercial center within the
Community Commercial (CC) Development District; to the south is water storage facility within the
Light Industrial (LI) Development District; to the east(across Etiwanda Avenue) is a vacant lot and
single-family residences within the Community Commercial (CC) and the Low (L) Development
Districts; and, to the west is the I-15 Freeway; and
C. The application proposes operating a 9,100 square foot Mexican restaurant and bar
named Cameron Pelado that will serve Mexican food and provide live entertainment 7 days per
week; and
PLANNING COMMISSION RESOLUTION NO. 13-55
ENTERTAINMENT PERMIT DRC2013-00886
CAMARON PELADO
DECEMBER 11, 2013
Page 2
d. The establishment will operate Sunday through Wednesday from 10:00 a.m. to
12:00 a.m. and Thursday through Saturday from 10:00 a.m. to 2:00 a.m.
e. Live music, DJ's and Karaoke will be provided after 4:00 p.m., seven days per
week.An entrance fee will be charged for special events. The live music(mariachi, bands, etc.)will
consist of bands with up to 15 members. The Site Plan includes a dance floor adjacent to the stage
and the bar area; and
f. The restaurant will serve a full menu during business hours; and
g. The commercial center in which the project is located has adequate parking for the
proposed use.
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 conduct of the establishment or the granting of the application is consistent to the
public health, safety, morals or welfare. In that the applicant has provided a security plan and
conditions have been imposed to ensure the proper service of alcohol to patrons and the building
complies with all applicable Fire and Building Codes.
b. The premises or establishment is likely to be operated in a legal, proper and orderly
manner. In that the applicant has submitted a business plan that includes a security plan that has
been reviewed and accepted by the Police Department to minimize negative activities.
c. Granting the application would not create a public nuisance. In that the applicant has
applied for this Entertainment Permit and provided all required documents to allow for an in-depth
review of the proposed business operation.
d. The normal operation of the premises would not interfere with the peace and quiet of
any surrounding residential neighborhood. In that the project is in excess of 1,000 feet from the
nearest residence and conditions have been imposed to ensure that the establishment will comply
with the Performance Standards set forth in Section 17.66.050 G of the Development Code and will
not create adverse impacts upon adjacent uses.
e. The applicant has not made any false, misleading, or fraudulent statement of material
fact in the required application. In that staff has reviewed the submitted documents and found them to
be accurate.
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 as a Class 1 exemption under State CEQA Guidelines
Section 15301 - Existing Facilities - which covers the permitting of existing structures that involve
PLANNING COMMISSION RESOLUTION NO. 13-55
ENTERTAINMENT PERMIT DRC2013-00886
CAMARON PELADO
DECEMBER 11, 2013
Page 3
negligible or no expansion of use beyond that existing at the time of the lead agency's original
determination. In that the project consists of permitting entertainment in a restaurant/bar with no
expansion of the existing tenant space. Staff finds that there is no substantial evidence that the
project will 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 for live entertainment in conjunction with a 9,100 square foot
restaurant and bar at 12809-B Foothill Boulevard -APN: 0229-031-33.
2) The approved entertainment is limited to live music with dancing with up
to 15 musicians, karaoke and DJ's. Expansion of the types of
entertainment provided or intensity requires prior Planning Commission
approval.
3) All conditions of approval for Conditional Use Permit DRC2013-00885
shall apply.
4) Site security shall conform to the submitted Security Plan and the
conditions outlined in this Resolution of Approval.
5) The approved hours of operation for the entertainment shall be limited to
between 4:00 p.m. and 12:00 a.m. (midnight) on Sunday through
Wednesday, and between 4:00 p.m.and 2:00 a.m. on Thursday through
and Saturday.
6) All entertainment shall be conducted inside the building.
7) All doors and windows shall remain closed when entertainment is
provided for noise attenuation purposes.
8) Adult entertainment, as defined in Section 17.128.020 of the
Development Code, is not permitted.
9) 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. 5. 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,
PLANNING COMMISSION RESOLUTION NO. 13-55
ENTERTAINMENT PERMIT DRC2013-00886
CAMARON PELADO
DECEMBER 11, 2013
Page 4
or anyone in the parking lot, loitering activities, and any other nuisances
or disturbances.
10) Applicant must use an identity card scanner (ID Scanner) anytime the
premises is selling alcoholic beverages and has entertainment.
(Definition of ID Scanner: An ID Scanner automates and documents the
age verification process by scanning the ID through a card reader). The
ID Scanner should record and timestamp the name, identification
number, and date of birth on the identity card provided by patrons. This
information should be recorded and maintained for a minimum of thirty
(30) days. The business will provide the ID Scanner records to law
enforcement upon request.
11) Any patron who (1) fights or challenges another person to fight, (2)
maliciously and willfully disturbs another person by loud or unreasonable
noise, or(3) uses offensive words which are inherently likely to provoke
an immediate violent reaction shall be removed from the premises.
12) 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.
13) Security guards 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.
14) 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.
15) The business operations shall be in compliance with the performance
standards that are described in Section 17.66 of the Development
Code, including noise limits which are described in Section
17.66.050(G).
PLANNING COMMISSION RESOLUTION NO. 13-55
ENTERTAINMENT PERMIT DRC2013-00886
CAMARON PELADO
DECEMBER 11, 2013
Page 5
16) The business operations shall be in compliance with the regulations and
requirements of the California Department of Alcoholic Beverage
Control that apply to Type 47 Liquor Licenses.
17) Access to the lounge/entertainment area must be from the main
entrance to the restaurant and not from a separate exterior entrance.
Other exits shall be used for emergency purposes only.
18) 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.
19) This Entertainment Permit application DRC2013-00886 shall be brought
back to the Planning Commission for review within 6 months of the date
of approval.
20) 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.
21) The applicant shall submit an annual renewal statement and fee,due on
or before January 1 of each and every year per Section 17.20.20(G) of
the Development Code.
22) All signs shall comply with Chapter 17.74 (Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program #119.
23) Security personnel required by the Entertainment Permit issued for the
licensed premises shall be in a uniform or clothing that 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.
24) 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
PLANNING COMMISSION RESOLUTION NO. 13-55
ENTERTAINMENT PERMIT DRC2013-00886
CAMARON PELADO
DECEMBER 11, 2013
Page 6
drinking limit/potential intoxication and refusing to serve; calling the
police regarding observed or reported criminal activity.
25) Contract security services shall be familiar with the establishment's
written security policy and procedures; by reviewing them and signing
they have read and understood the policy. The signed
acknowledgement shall be kept in a file relating to the security manual.
26) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of Rancho
Cucamonga business license.
Police Department
1) A minimum of ten (10) surveillance cameras shall be installed in the
premises as follows: two (2) at the bar area (one on each end); four(4)
in the primary dining areas;two (2) at the cabana seating areas; one(1)
at the front door; and one (1) at the stage.
2) The video recordings shall be of nothing less than NTSC 4SIF with a
minimum of 704X480 resolution. A minimum of 30 days surveillance
video shall be kept.
3) The uniform of the security guards shall have the word"Security"clearly
visible on it.
4) All managers, bartenders, and servers shall complete the Licensee
Education on Alcohol and Drugs (LEAD) Program offered by the
California Department of Alcohol Beverage Control within 60 days of
being hired.
Fire District/Building & Safety Department
1) Any proposed floor plan, seating, occupancy and/or furnishing changes
must be submitted to Rancho Cucamonga Fire Protection District for
review and approval. Do not increase the approved occupant load.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 2013
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 13-55
ENTERTAINMENT PERMIT DRC2013-00886
CAMARON PELADO
DECEMBER 11, 2013
Page 7
BY: \ 1JV
e
�Fravj&s Howdyshell, Chairman
0,1 -9.
ATTEST:
Can c Burnett, Secretary
I, Candyce Burnett, 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 December 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#: DRC2013-00886
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: CAMERON PELADO
LOCATION: 12809-B FOOTHILL BOULEVARD -APN: 0229-031-33
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 Dace
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. 13-55, 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.
B. Time Limits
1. Any approval shall expire if Building Permits are not issued or approved use has not
commenced within 5 years from the date of approval or a time extension has been granted.
C. 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,
and the Development Code regulations.
1
Project No. DRC2013-00886
Completion Date
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 Manager.
3. Occupancy of the facilities shall not commence until such time as all California 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 Services Department to show compliance. The buildings shall be inspected for
compliance and final acceptance granted 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, Specific Plans
and/or Master Plans in effect at the time of Building Permit issuance.
DRC2013-00886 cond 12-11 2