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Home My WebLink About2011/06/22 - Agenda Packet 42/JP/(11-1—G &71 THE CITY OF RANCHO CUCAMONGA - 4 PLANNING COMMISSION AGENDA RANCHO CUCAMONGA JUNE 22, 2011 - 7:00 PM • Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Roll Call Chairman Munoz_ Vice Chairman Howdyshell _ Fletcher_ Wimberly _ Oaxaca _ • I II. ANNOUNCEMENTS III. APPROVAL OF MINUTES June 8, 2011 Regular Meeting Minutes IV. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. CONDITIONAL USE PERMIT DRC2010-00986 - BJ'S RESTAURANT - DON GARDNER -A request to construct an outdoor patio eating area at an existing restaurant to allow for the consumption of food, non-alcoholic and alcoholic beverages within the Industrial Park (IP) District (Subarea 12) located at 11520 4th Street -APN: 0229-263-90. Related File: Minor Development Review DRC2010-00989. This project is categorically exempt from the requirements of the California Environmental Quality Act • 1 of 4 sit PLANNING COMMISSION AGENDA • JUNE 22, 2011 RANCIi0 CUCAMONGA (CEQA) pursuant to state CEQA guidelines section 15303 (Class 3 Exemption - Construction of New Structures). B. DESIGN REVIEW DRC2011-00175 - TESORO/ SHELL - A&S ENGINEERING - AHMAD GHADERI - A request to install a 756 square foot automated carwash on the east side of an existing gas station within the Terra Vista Community Plan (MFC) at 11108 Foothill Boulevard-APN: 1077-422-35. Related File: Conditional Use Permit DRC2011-00176. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to state CEQA guidelines section 15303 (Class 3 Exemption - Construction of New Structures). C. CONDITIONAL USE PERMIT DRC2011-00176 -TESORO/SHELL-A&S ENGINEERING -AHMAD GHADERI - A request to install an automated carwash on the east side of an existing gas station within the Terra Vista Community Plan (MFC) at 11108 Foothill Boulevard-APN: 1077-422-35. Related File: Development Review DRC2011-00175. This project is categorically exempt from the requirements of the California Environmental • Quality Act (CEQA) pursuant to state CEQA guidelines section" 15303 (Class 3 Exemption - Construction of New Structures). D. NON-CONSTRUCTION CONDITIONAL USE PERMIT MODIFICATION DRC2010-00188M - MCALAN'S PUB AND GRILL - A request to modify CUP DRC2010-00188 to increase the hours of operation of the Restaurant/Bar use to add two additional hours during Sunday through Wednesday and one additional hour on Thursday and with no change to entertainment hours. Located at 6321 Haven Avenue-APN: 201-272-06. Related File: Entertainment Permit DRC2010-00189. CONTINUED FROM MAY 25, 2011. V. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are.those that do not already appear on this agenda. VI. COMMISSION BUSINESS/COMMENTS • 2 of 4 • • PLANNING COMMISSION AGENDA L JUNE 22, 2011 RANCHO CUCAMONGA VII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 16, 2011, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. If you need special assistance or accommodations to participate in this meeting, • a please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate,a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. • 3of4 • PLANNING COMMISSION AGENDA � JUNE 22 2011 RANCHO CUCAdONGA Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees,with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,164 for maps and $2,273 for all other decisions of the Commission. (Fees are established and governed by the City Council). • Please turn off all cellular phones and pagers while the meeting is in session. • Copies of the Planning Commission agendas and minutes can be found at • http://www.ci.rancho-cucamonga.ca.us • 4 of 4 Vicinity Map 0Plannin g Commission ssion Meeting June 22 , 2011 ,1 a � E p O. C i — ! L -c € l a Uf < 2 2 y Y v Y W fA } I rs j d U I IS • 5 % m O Alk I 1 I I 19®t� •� r\._i I D o E Base Line f'. I / c/Base Line �V chur ch I ! /,,,, j � � �� ` Church 1 � 1 oothill \ °"` i Foothill 12 1r .1 ■ 1 ` I �� ! r J1 j Band C Arrow ›, d c : Arrow �' c Jersey 5- 3 H! 8th -•.-..1 5 B ! r Aj w wi > °�_ r Mt- (9 6th 71 o c ci f 1------16:17 N €I aI Y I A 4th .�a_ _�__�__ _._. � ! 14th A VP • * Meeting Location: City Hall 10500 Civic Center Drive STAFF REPORT fry ce4 • PUNNING DEPARTMENT L�. DATE: June 22, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT DRC2010-00986 - BJ'S RESTAURANT — DON GARDNER - A request to construct an outdoor patio eating area at an existing restaurant to allow for the consumption of food, non-alcoholic and alcoholic beverages within the Industrial Park (IP) District (Subarea 12), located at 11520 4th Street — APN: 0229-263-90 Related Cases: Minor Development Review DRC2010-00989. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 3 Exemption —Addition to Existing Structures). PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: Site - BJ's Restaurant— Industrial Park (Subarea 12) North - Hotel - Industrial Park (Subarea 12) South - Ontario Mills Mall - Specific Plan 4513 (City of Ontario) • East - Restaurant - Industrial Park (Subarea 12) West - Commercial Shopping Center— Industrial Park (Subarea 12) B. General Plan Designations: Project Site — Industrial Park North - Industrial Park South - Planned Commercial (City of Ontario) East - Industrial Park West - Industrial Park C. Site Characteristics: The project site is located on the north side of 4th Street between Richmond Place and Pittsburgh Avenue in Subarea 12 of the Industrial Park District. BJ's Restaurant site is a rectangular-shaped parcel that is part of an overall master-planned project (DRC2003-00770). The rectangular-shaped parcel is a 2.06-acre pad located on the northwest corner of 4th Street and Richmond Place at 11520 4th Street. Presently, the project has three (3) hotels, two (2) multi-tenant retail buildings, and two (2) restaurant buildings constructed, E. Parking Calculations: The project is parked per the parking criteria of the Development Code and the tabulation of the required parking spaces is as follows: Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Restaurant with 6,000 1:100 sq. ft. 60 60 • Patio 3,037 1:55 sq. ft. 55 61 Item A PLANNING COMMISSION STAFF REPORT DRC2010-00986 — BJ'S June 22, 2011 • Page 2 ANALYSIS: A. General: The master-planned project was originally approved through Development Review DRC2003-00770 with its mix of hotels and restaurants and creates a synergy consistent with the commercial corridor of 4th Street. Originally, the project proposed three (3) hotels and four (4) restaurant buildings fronting along 4th Street. The project has changed from the original plan to convert two (2) of the restaurant pads to multi-tenant retail buildings. This project proposes a 700 square foot outside eating area located at the southeast corner of the restaurant building. The proposed patio area is located adjacent to the front door and has areas to eat or sit around a large fire pit. The patio area is enclosed with a low 2-foot block wall with brick veneer to match the existing building and a 3-foot tall glass wind and sound screen atop the wall. The project has entrances off of 4th Street and Richmond Place. The project site has allotted ample parking for the proposed use. The restaurant with the patio area requires 115 parking spaces and 121 have been provided. The current entitlement for a Conditional Use Permit is to modify the original Conditional Use Permit, which presently permits the on-site sale and consumption of alcohol. Patrons in the patio area will be able to consume alcoholic beverages. The design of the eating area will be reviewed and approved by the Planning Director through the Minor Development Review • process. B. Design Review Committee: The Design Review Committee (Munoz, Wimberly, and Granger) reviewed the site, building elevations, materials, and Conceptual Landscape Plans on May 17, 2011, and recommended the item move forward to the Planning Commission for approval. C. Grading and Technical Review Committees: The Grading and Technical Committees reviewed the development portion of the project on May 17, 2011, and recommended approval. • D. Environmental Assessment: 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 3 exemption under State CEQA Guidelines Section 15301(e)(1) (Addition to Existing Structures) because the addition of the patio is only 700 square feet, does not involve significant amounts of hazardous materials, public services and facilities are available, and there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 600-foot radius of the project site. • • A-2 PLANNING COMMISSION STAFF REPORT DRC2010-00986 — BJ'S • June 22, 2011 Page 3 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2010-00986 through the adoption of the attached Resolution of Approval with conditions. Respectfully submitted, /// • James R. Troyer, AICP Planning Director JRT:SF/ge Attachments: Exhibit A - Site Plan Exhibit B - Elevations/Floor Plan Draft Resolution of Approval for Development Review DRC2010-00986 • • A-3 i r441474,1 • -.7-24., '410‘ . •I; ri ;•,•i: tiljtill..11. :-.V.:.Pd J.',,-1217..h.• -. .2.. w -.. '4,..'dz i.‘, ..5r,0;7,''i c•.:dr. 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A >�V tom,, ' ,ii. z 1 )C, ,K# • - I A'AI 7 1 ' i EXHIBIT B ---------- A-5 RESOLUTION NO. 11-29 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00986, THE APPROVAL FOR THE DESIGN AND ADDITION OF A 700 SQUARE FOOT OUTDOOR EATING AREA THAT PERMITS THE COMSUMPTION OF ALCOHOLIC BEVERAGES AND CONTINUES THE PREVIOUSLY APPROVED CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE PREMISES UNDER CONDITIONAL USE PERMIT DRC2004-00243 AT AN EXISTING BJ'S RESTAURANT& BREWHOUSE, LOCATED AT 11520 4TH STREET IN SUBAREA 12 OF THE INDUSTRAIL PARK DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-263-48. A. Recitals. 1. Don Gardener with BJ's Restaurant filed an application for the approval of Conditional Use Permit DRC2010-00986, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 22nd day of June 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly notice 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 meeting on June 22, 2011, including written and oral staff reports and public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 11520 4th Street, with a street frontage of 293 feet and lot depth of 301 feet and is presently improved with a restaurant and parking lot and lighting; and b. The properties to the north of the subject site is improved with hotels; the property south across 4th Street in the City of Ontario is the Ontario Mills Mall; the property to the east is a commercial center; and the property to the west is Famous Dave's restaurant; and c. The applicant has concurrently applied for a Minor Development Review DRC2010-00989 for the addition of the patio area; and d. The property will still adhere to the original Conditiohs of Approval from Conditional • Use Permit DRC2004-00243 for the consumption of alcoholic beverages on-site with a Type 47 Alcoholic Beverage Control License; and A-6 PLANNING COMMISSION RESOLUTION NO. 11-29 DRC2010-00986— BJ'S RESTAURANT June 22, 2011 Page 2 • e. The project,together with the recommended Conditions of Approval,complies with all minimum development standards for the City of Rancho Cucamonga; and f. The project incorporates the original architectural design of the existing building and adds glass screening elements that mitigate wind and sound issues. 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 project is consistent with the objectives of the General Plan because it expands the service of an existing use within the commercial center that creates a wider range of community-oriented and regionally-oriented businesses; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the District in which the site is located because the project is compatible with the existing center and the existing restaurant through use of compatible building materials and design; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code because the project complies with the established designed standards of the Development Code, such as setback, landscaping, and parking requirements; and d. 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 because the project patio area will be a minor extension of the existing restaurant and has conditions to mitigate any potential problems. 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 a Class 1 Exemption under State CEQA Guidelines Section 15301(e)(1) (Addition to Existing Structures) because this project is only 700 square feet and located in an area that contains all public services and facilities to allow for maximum development, and 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 for the modification of Conditional Use Permit DRC2004-00243 to allow for the consumption of alcoholic beverages in the 700 square foot outdoor eating area addition at an existing • • BJ's restaurant within an existing commercial center, located at 11520 4th Street. A-7 • PLANNING COMMISSION RESOLUTION NO. 11-29 DRC2010-00986 — BJ'S RESTAURANT June 22, 2011 • Page 3 2) Any proposed exterior changes including, but not limited to,the design of the patio area, including exterior materials, shall not be permitted without prior City review and approval. 3) All applicable Conditions of Approval for Conditional Use Permit . DRC2004-00243, Resolution 04-105 shall apply. 4) The applicant shall notify and satisfy any and all Alcoholic Beverage Control (ABC) requirements for the addition of the patio area prior to occupancy. 5) All patrons who appear under the age of 30 shall be required to show some form of identification or they will not be served an alcoholic beverage. A sign indicating this policy shall be prominently posted in a place that is clearly visible to patrons. Only the following forms of identification will be acceptable: a) Valid driver's license b) Valid State identification card c) Valid passport • d) Current military identification e) U.S. Government immigrant identification card All forms of out-of-state identification shall be checked by the authorized representative of the owner of the licensed premises in the Driver's License Guide. Upon presentment to the authorized representative of the owner of the licensed premises,the patron's form of identification shall be removed from the patron's wallet or any plastic holder and inspected for any alterations through a close visual inspection and/or use of a flashlight or"Retro-reflective viewer." 6) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons under 21 years of age shall have a unique mark or symbol applied to the backside their hand that readily identifies them as a person who can not be served an alcoholic drink. 7) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 8) 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. •A-8 PLANNING COMMISSION RESOLUTION NO. 11-29 DRC2010-00986 — BJ'S RESTAURANT June 22, 2011 Page 4 • 9) The licensee(s) or an employee of the licensee(s)will be present in the patio at all times when alcoholic beverages are being served or consumed. An alternative is to have at least two (2) cameras monitoring the patio, one at each end and should be capable of distinguishing unauthorized persons in the patio including underage persons consuming alcohol or alcohol .being removed from the premises via the patio. Monitoring of the cameras shall be in an active area where employees are always present and can easily view these cameras. 10) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 11) When serving pitchers exceeding 25 ounces of an alcoholic drink, all patrons receiving such pitcher, as well as all patrons who will be consuming all or any portion of such pitcher, shall present some form of identification (as noted in Condition No. 5 above) to the server if appearing to be under the age of 30, if not previously checked at the entrance to the licensed premises. 12) 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. • 13) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 14) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 15) 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. (Licensee Education on Alcohol and Drugs) course. Upon request, said file shall be made available for review to the representative of the City of Rancho Cucamonga Police Department. New employees will have 90 days from the date of employment to obtain L.E.A.D. certification. 16) 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. 17) 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. A-9 • PLANNING COMMISSION RESOLUTION NO. 11-29 DRC2010-00986 — BJ'S RESTAURANT June 22, 2011 • Page 5 18) 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. 19) 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. 20) 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. • 21) The City of Rancho Cucamonga Police Department may require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. 22) Security personnel that may be required by the Rancho Cucamonga • Police Department 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. 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; and calling the police regarding observed or reported criminal activity. A-10 • PLANNING COMMISSION RESOLUTION NO. 11-29 DRC2010-00986 — BJ'S RESTAURANT June 22, 2011 Page 6 • 24) Contract security services, proprietary security personnel,or personnel assuming the functions typically associated with security 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 file relating to the security manual. 25) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga Business License. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: • James 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 22nd day of June 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • A-11 COMMUNITY DEVELOPMENT it DEPARTMENT ,,_,:„.. STANDARD CONDITIONS PROJECT#: DRC2010-00986 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: BJ'S RESTAURANT LOCATION: 11520 4TH STREET—APN: 0229-263-48 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. . APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • 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. 11-29 and Standard /_/_ Conditions 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 • B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use / /_ has not commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00986StdCond 6-22.doc A-12 Project No. DRC2010-00986 Completion Date 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. 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. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. 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. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / /_ 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours. • E. Landscaping 1. Existing trees required to be preserved in place shall be protected with a construction barrier in _/ /_ accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) • F. General Requirements 1. Submit five complete sets of plans including the following: _/ /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Electrical Plans(2 sets, detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; • 2 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00986StdCond 6-22.doc A-13 Project No. DRC2010-00986 Completion Date e. Plumbing and Sewer Plans,including isometrics, underground diagrams,water and waste • diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and f. Planning Department Project Number(DRC2010-00986)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. • Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/_/_ the City prior to permit issuance. 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/ /_ Building and Safety Department. G. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number(i.e., DRC2010-00986). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or _/_/_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to • the Building and Safety Department prior to permits issuance. 3. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. H. New Structures • 1. Provide compliance with the California Building Code(CBC). Emergency illumination and panic /_/_ hardware are required. 2. The proposed umbrellas must be fire retardant and must be kept at a safe clearance from the heaters in accordance with the heaters manufacturer's listing. 3. The occupant load must be posted and it may not exceed 49 persons. _/_/_ 4. Upon tenant improvement plan check submittal, additional requirements may be needed. / I_ APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. /_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. • • 3 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00986StdCond 6-22.doc A-14 Project No. DRC2010-00986 ' Completion Date 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire • development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Submit to Building and Safety for plan check. The Assembly Use Permit will be revised _/_/_ at plan check. • • 4 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00986StdCond 6-22.doc A-15 • STAFF REPORT ,, • PLANNING DEPARTMENT L� DATE: June 22, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: DESIGN REVIEW DRC2011-00175 - TESORO/SHELL - A&S ENGINEERING - AHMAD GHADERI - A request to install a 756 square foot automated carwash on the east side of an existing gas station within the Terra Vista Community Plan (MFC), located at 11108 Foothill Boulevard - APN: 1077-422-35. Related File: Conditional Use Permit DRC2011-00176. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303 (Class 3 Exemption - Construction of New Structures). CONDITIONAL USE PERMIT DRC2011-00176 - TESORO/SHELL - A&S ENGINEERING - AHMAD GHADERI - A request to install an automated carwash on the east side of an existing gas station within the Terra Vista Community Plan (MFC) at 11108 Foothill Boulevard - APN: 1077-422-35. Related File: Development Review DRC2011-00175. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303 (Class 3 Exemption - Construction of New Structures). • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Vacant Lot, Mixed Use Financial District, Terra Vista Community Plan South - Vacant Lot; Industrial Park Subarea 7 East - Retail Building and Fast Food Restaurant, Mixed Use Financial District, Terra Vista Community Plan West - Commercial Center, Community Commercial District, Terra Vista Community Plan B. General Plan Designations: Project Site - Mixed Use North - Mixed Use South - Industrial Park East - Mixed Use . West - Community Commercial C. Site Characteristics: The project site is on the north side of Foothill Boulevard between Elm Avenue and Milliken Avenue in the Mixed Use Financial District of the Terra Vista Community Plan. The site was originally part of a larger 22-acre parcel bounded by Foothill Boulevard, Church Street, and Elm and Milliken Avenues. The project site is 1.1 acre • of land located at 11108 Foothill Boulevard. Currently, the site contains a Shell gas station and mini-mart that is part of a commercial center consisting of a small multi-tenant building and a McDonald's fast food restaurant. The gas station is located at the west side of the center on the northeast corner of Foothill Boulevard and Elm Avenue. • Items B & C PLANNING COMMISSION STAFF REPORT DRC2011-00175 AND DRC2011-00176—TESORO/SHELL June 22, 2011 • Page E. Parking Calculations: The project is parked per the parking criteria of the Development Code and the tabulation of the required parking spaces is as follows: Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Service Station N/A N/A 3 5 Mini-market 2,862 1:250 12 16 ANALYSIS: A. General: The gas station with a mini-mart and drive-thru for two fast food restaurants was originally approved through Conditional Use Permit DRC 96-21. Since that time, the two restaurants have vacated the building and the mini-mart has expanded into those areas. The drive-thru aisle remains intact and is still screened from Foothill Boulevard. The proposed 756 square foot automated carwash will be located on the east side of the building where the drive-thru window was located. The project has two land use entitlements: 1) Development Review DRC2011-00175 to address the design and placement of the building, and 2) Conditional Use Permit DRC2011-00176 to modify the existing Conditional Use Permit, which originally entitled the construction of the gas station. The architectural style and elements of the proposed building will mimic the existing building. • The walls will be of smooth stucco with a stucco covered cornice. The design is simple as the north and south elevations will be the most visible. Since the east elevation does have the potential to be seen, arched elements have been proposed to mimic the existing architectural features of the building. The east and west elevations are between buildings. Lattice structures will remain along the south elevations of the drive-thru aisle to aide with the screening of the structure. The lattice structures will be constructed of a composite material to better weather the winds and wet conditions of the car wash. The vegetation around the drive-thru aisle is established and currently screens most of the drive-thru use. The project site has allotted ample parking for the existing use, and the proposed addition of the carwash does not require any additional parking. All equipment will be screened from public view. The signage on the new building will require separate review and approvals. B. Design Review Committee: The Design Review Committee (Munoz, Wimberly, and Granger) reviewed the site, building elevations, materials, and Conceptual Landscaping Plans on May 17, 2011. The Committee requested that the applicant consider a composite material for the trellises instead of wood and recommended approval of the project with this change. C. Grading and Technical Review Committees: The Grading and Technical Review Committees reviewed the development portion of the project on May 17, 2011, and recommended approval. D. Environmental Assessment: 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 B & C- 2 PLANNING COMMISSION STAFF REPORT DRC2011-00175 AND DRC2011-00176—TESORO/SHELL • June 22, 2011 Page under State CEQA Guidelines Section 15301(e)(1) (Addition to Existing Structures) because this project is only 756 square feet and located in an area that contains all public services and facilities to allow for maximum development. There is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review DRC2011-00175 and Conditional Use Permit DRC2011-00176 through the adoption of the attached Resolutions of Approval with conditions. Respectfully submitte , Jam R. Troyer, AICP Plan ng Director JRT:SF/ge • Attachments: Exhibit A - Site Plan Exhibit B - Elevations Draft Resolution of Approval for Development Review DRC2011-00175 Draft Resolution of Approval for Conditional Use Permit DRC2011-00176 • B & C- 3 oao saa k .., ..�....o. c...h..n....b... v'JNI ONItl33NI0N3 S A Y nano �amulm h) V' • ®f9®6�ff®®®!4 >rru •03 833¢pe»3vry A BmuaJaa oJocey s tl EA OyR a 1 B La 'I ! gRWN! ; 5 1 1 se s 6& ! s 4 O a 0000000 ®o®® • • • `a5" .ey a•-.09 `s.. ?-.' 11 .s-A. .I-SLI I lAYn M 1 . w G O 00 O b _ �\ —.. �... —.. ._.. O I 1 b.2. . • 1.•\, ��jai' Mk ;j n _Li a ,hp. r 0 . ,c7.41,:::::' • u p. p : i4jr rii al ' r �ae —1 J�- i` "s r In r»w gE I e li~ O gi e ' N~ I 1 1 s �t fl t :. II II w .v- r l. f`.Y-Ala • Q3-I 1 — - I EXHIBIT A B & C- 4 I 021053.1. .° ...,.�. .7.........--C. ,.o..�m;:.".,. ..m«^_avm. 1 p1 lONI ONItl33NION3 5 A Y w.v°uu��.y °t l: 53�ry f • �o�� _. 4444444444444 'ap emlegiery A BmuJJea oJacey J1 I .a, \ / \ / x / \ t++r _ / \ • _ i] 833 7] m � 2 D iii p "s — o L___. (/MN • =WI I IMP L N co .e, D333 U AL \ / ‘ /sin \ / =MIN W / \ b 7 / \ D 333 • . D Fr i! • 11 Id EXHIBIT B ..-,. B & C- 5 RESOLUTION NO. 11-30 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2011-00175, THE DESIGN OF A 756 SQUARE FOOT • AUTOMATED CARWASH AT AN EXISTING GAS STATION LOCATED AT 11108 FOOTHILL BOULEVARD IN THE MIXED USE FINANCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1077-422-35. A. Recitals. 1. Ahmad Ghaderi with A&S Engineering on behalf of Teroro/Shell filed an application for the approval of Development Review DRC2011-00175, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 22nd day of June 2011, 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 Cucamohga 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 June 22, 2011, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located at 11108 Foothill Boulevard with a street frontage of 189 feet and lot depth of 280 feet and is presently improved with a gas station with a mini-mart and drive-thru, parking lot, and lighting; and b. The properties to the north of the subject site and to the south, across Foothill Boulevard, consists of vacant lots;the property to the east is a small commercial center; and the property to the west across Elm Avenue is a commercial center; and c. The applicant has concurrently applied for a Conditional Use Permit DRC2011-00176 for the redevelopment of the drive-thru on-site as the site was originally approved under Conditional Use Permit DRC96-21; and d. The project, together with the recommended conditions of approval, complies with all minimum development standards for the City of Rancho Cucamonga; and 410 e. The project incorporates a blend of architectural design and site planning that gives character with compatibility through the use of like building materials and plant palette. B & C- 6 PLANNING COMMISSION RESOLUTION NO. 11-30 DRC2011-00175 —TESORO/SHELL June 22, 2011 Page 2 • 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 project is consistent with the objectives of the General Plan because it provides another service to an existing use within the commercial center that creates a wider range of community-oriented and regionally oriented businesses; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the District in which the site is located because the project is compatible with the existing center and gas station through the use of compatible building materials and design; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code because the project complies with the established designed standards of the Development Code such as setback, landscaping, and parking requirements; and d. 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 because the project has been designed with the complete center in mind and will compliment the rest of the center with complimentary building materials, style, and placement. 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 lexemption under State CEQA Guidelines Section 15301(e)(1) (Addition to Existing Structures) because this project is only 756 square feet and located in an area that contains all public services and facilities to allow for maximum development, and 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 for the construction of a 756 square foot automated carwash at an existing gas station with a mini-mart and drive thru within an existing commercial center, located at 11108 Foothill Boulevard. 2) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 3) All applicable conditions of approval for Conditional Use Permit DRC96-21 and Conditional Use Permit DRC2011-00176 shall apply. 4) Any trellis features shall be constructed of a composite material. • B & C- 7 PLANNING COMMISSION RESOLUTION NO. 11-30 DRC2011-00175 —TESORO/SHELL June 22, 2011 Page 3 •• 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James 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 22nd day of June 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • B & C- 8 COMMUNITY DEVELOPMENT area 4 DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2011-00175 AND DRC2011-00176 SUBJECT: DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT APPLICANT: A & S ENGINEERING LOCATION: 11108 FOOTHILL BOULEVARD —APN: 1077-422-35 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0 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. 11-30, 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 B. Time Limits 1. Conditional Use Permit and Development/Design Review approval shall expire if building permits / /_ are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 1 1:1PLANNING\FINALIPLNGCOMM12011 Res & Stf Rpt1DRC2011-00175StdCond 6-22.doc B & C- 9 • Project No.DRC2011-00175 and DRC2011-00176 Completion Date C. Site Development 1. 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. 2. 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. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. • 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. • D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and /_/_ debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/ /_ • exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading, opening,closing,or _/ /_ other handling of boxes, crates, containers, building materials, garbage cans, or other • similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. • E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/ / projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design • and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main / / building colors. --- 2 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc B & C- 10 Project No. DRC2011-00175 and DRC2011-00176 Completion Date • F. Parking and Vehicular Access (indicate details on building plans) • 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, /_/_ and exits shall be striped per City standards. G. Landscaping • 1. Existing trees required to be preserved in place shall be protected with a construction barrier in _/_/_ accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. • H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. / /_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) • General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; • e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (DRC2011-00175 and DRC2011-00176) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. • 3 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc B & C- 11 • Project No. DRC2011-00175 and DRC2011-00176 Completion Date 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. J. Site Development • 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number(DRC2011-00175 and DRC2011-00176). The applicant shall comply with the latest adopted California Codes, and all other applicable codes,ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or / /_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map / /_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's•public _/ /_ counter). K. New Structures 1. Provide compliance with the California Building Code (CBC) for property line .clearances / / • considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. / /_ 3. Provide compliance with the California Building Code (CBC)for accessibility to pubic buildings. _/_/_ 4. Provide compliance with the CBC for California Building Energy Efficient Standards. _/ /_ 5. Provide draft stops in attic areas. / / 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. / /_ 8. Upon plan check submittal, additional requirements may be needed. / /_ L. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading _/ /_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. • 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / /_ perform such work. 4 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc 8 & C- 12 Project No. DRC2011-00175 and DRC2011-00176 Completion Date 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the / /_ time of application for grading plan check. • 4. The final grading plan, appropriate certifications and compaction reports shall be completed, / /_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/ /_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with /_/ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. / / APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • • 5 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc B & C- 13 : dotl,t4Mo Rancho Cucamonga Fire Protection " District • FIRE,. Fire Construction Services STANDARD CONDITIONS March 28, 2011 Tesoro New Car Wash building DRC2011-00175 & 176 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The project must comply in design and constructed in accordance with the 2010 California Building & Fire Codes, the RCFPD Ordinance FD50 and the RCFPD Standards. The RCFPD ordinance, procedures & standards which are referenced in this document can be access on the web cityofrc.us. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings if required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other . applicable standards require an approved automatic fire sprinkler system to be installed. • FSC-5 Fire Alarm System &.Sprinkler Monitoring • 1. The 2010California Building Code, the RCFPD Fire Alarm Standard 9-3, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by • Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard 5-1. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: • a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. • B & C- 14 c. The minimum outside turn radius shall be 50-feet. • d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. • f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct • Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. • 5. Building Access: Knox boxes for site and building access are required in accordance with RCFPD Standard 5-9. • 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 6. Roof Access: must be in accordance with the RCFPD Roof Access Standard 5-6. There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. • £ Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. B & C- 151 h. A site plan showing the locations of the roof ladder shall be submitted during plan check. • i. Ladder points shall face a fire access roadway(s). • FSC-10 Occupancy and Hazard Control Permits Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2010 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD50 and other implemented and/or adopted standards. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: • 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 3. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. • 4. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. B & C- 16 • The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. • 5. Address: Must be in accordance with the RCFPD Standard 5-7, 5-8 and/or 5-5. Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 6. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 7. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 8. Mapping Site Plan: Must be in accordance with the RCFPD Standard 5-11. Prior to the issuance of a Certificate of Occupancy, a 8 '/i' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • B & C- 171 • RESOLUTION NO. 11-31 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2011-00176 TO MODIFY CUP 96-21 TO ALLOW THE CONSTRUCTION OF AN AUTOMATED CARWASH AT AN EXISTING GAS STATION, LOCATED AT 11108 FOOTHILL BOULEVARD IN THE MIXED USE FINANCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1077-422-35. - A. Recitals. 1. Ahmad Ghaderi with A& S Engineering on behalf of Tesoro/Shell filed an application for the approval of Conditional Use Permit DRC2011-00176, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 22nd day of June 2011, 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 June 22, 2011, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located at 11108 Foothill Boulevard with a street frontage of 189 feet and lot depth of 280 feet and is presently improved with a gas station with a mini-mart and drive-thru, parking lot, and lighting; and b. The properties to the north of the subject site and to the south across Foothill Boulevard consists of vacant lots;the property to the east is a small commercial center; and the property to the west, across Elm Avenue, is a commercial center; and c. The applicant has concurrently applied for Development Review DRC2011-00175 for the design of the automated carwash; and d. The project,together with the recommended conditions of approval,complies with all minimum development standards for the City of Rancho Cucamonga and the Terra Vista Community Plan; and • e. The project incorporates a blend of the existing architectural design, and the placement of the building allows for an easy transition and adaptive re-use of the existing drive-thru use to the new carwash use. B & C- 18. PLANNING COMMISSION RESOLUTION NO. 11-31 DRC2011-00176 — TESORO/SHELL June 22, 2011 Page 2 • 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 project is consistent with the objectives of the General Plan because it provides another service to an existing use within the commercial center that creates a wider . range of community-oriented and regionally-oriented businesses; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located because the project is compatible with the existing center and gas station through the use of compatible building materials and design; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code because the project complies with the established design standards of the Development Code such as setback, landscaping, and parking requirements; and d. 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 because the project has been designed with the complete center in mind and will complement the rest of the center with complementary building materials, style and placement. 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 lexemption under State CEQA Guidelines Section 15301(e)(1) (Addition to Existing Structures) because this project is only 756 square feet and located in an area that contains all public services and facilities to allow for maximum development, and there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Departments 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 the use of a proposed 756 square foot automated carwash at an existing gas station with a mini-mart and drive thru within • an existing commercial center, located at 11108 Foothill Boulevard. 2) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 3) All applicable conditions of approval for Conditional Use Permit DRC96-21 and Development Review DRC2011-00175 shall apply. 4) Any trellis features shall be constructed of a composite material. • B & C- 19 PLANNING COMMISSION RESOLUTION NO. 11-31 DRC2011-00176—TESORO/SHELL June 22, 2011 Page 3 • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James 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 22nd day of June 2011, by the following vote-to-wit: AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • B & C- 20 , , COMMUNITY DEVELOPMENT YOSV1 2 DEPARTMENT �i i tF., STANDARD CONDITIONS PROJECT #: DRC2011-00175 AND DRC2011-00176 SUBJECT: DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT APPLICANT: A & S ENGINEERING LOCATION: 11108 FOOTHILL BOULEVARD -APN: 1077-422-35 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0 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. 11-31, 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 B. Time Limits 1. Conditional Use Permit and Development/Design Review approval shall expire if building permits _/ /_ are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 . 1 1:1PLANNINGIFINALIPLNGCOMM12011 Res & Stf RptIDRC2011-00175StdCond 6-22.doc B & C- 21 Project No. DRC2011-00175 and DRC2011-00176 Completion Date C. Site Development 1. Prior to any use of the project site or business activity being commenced thereon,all Conditions / /_ • of Approval shalt be completed to the satisfaction of the Planning Director. 2. 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. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/ /_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 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. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. • Noise Level - All commercial activities shall not create any noise that would exceed an /_/_ • exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. • E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or • / /_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main / /_ building colors. • 2 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc B & C- 22 Project No. DRC2011-00175 and DRC2011-00176 Completion Date F. Parking and Vehicular Access (indicate details on building plans) • 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts / /_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. G. Landscaping 1. Existing trees required to be preserved in place shall be protected with a.construction barrier in _/ /_ accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. • H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. /_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) • General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; • f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (DRC2011-00175 and DRC2011-00176) clearly • identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. • 3 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc B & C- 23 Project No. DRC2011-00175 and DRC2011-00176 Completion Date 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / /_ Building and Safety Department. J. Site Development • • 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be . / /_ marked with the project file number(DRC2011-00175 and DRC2011-00176). The applicant shall comply with the latest adopted California Codes, and all other applicable codes,ordinances,and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or / /_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation • Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/ /_ through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public /_/_ . counter). K. New Structures • 1. Provide compliance with the California Building Code (CBC) for property line clearances / /_ • considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/ /_ 3. Provide compliance with the California Building Code (CBC)for accessibility to pubic buildings. / /_ 4. Provide compliance with the CBC for California Building Energy Efficient Standards. / /_ 5. Provide draft stops in attic areas. _/ /_ 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A / /_ 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 8. Upon plan check submittal, additional requirements may be needed. _/_/_ L. Grading 1. , Grading of the subject property shall be in accordance with California Building Code, City Grading / /_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / /_ perform such work. 4 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc 8 & C- 24 Project No. DRC2011-00175 and DRC2011-00176 Completion Date 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _I_/_ time of application for grading plan check. • 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _/ /_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with _/ /_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. / / APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • 5 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2011-00175StdCond 6-22.doc B & C-25 `U Cq -" Rancho Cucamonga Fire Protection District • FIRE Fire Construction Services STANDARD CONDITIONS • March 28, 2011 Tesoro New Car Wash building DRC2011-00175 & 176 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The project must comply in design and constructed in accordance with the 2010 California Building & Fire Codes, the RCFPD Ordinance FD50 and the RCFPD Standards. The RCFPD ordinance, procedures & standards which are referenced in this document can be access on the web cityofrc.us. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings if required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed. • FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The 201oCalifornia Building Code, the RCFPD Fire Alarm Standard 9-3, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard 5-1. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: • a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. B & C-26 c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. • f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). • j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground .up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Building Access: Knox boxes for site and building access are required in accordance with RCFPD Standard 5-9. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site • plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 6. Roof Access: must be in accordance with the RCFPD Roof Access Standard 5-6. There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the,parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. • g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. B & C- 27, • • It A site plan showing the locations of the roof ladder shall be submitted during plan check. • i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2010 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD50 and other implemented and/or adopted standards. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS Please complete the following prior to the issuance of any building permits: • 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 3. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. • 4. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. B & C- 28 The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded. and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the • required annual inspections and the maintenance of all required fire,access roadways. • 5. Address: Must be in accordance with the RCFPD Standard 5-7, 5-8 and/or 5-5. Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 6. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 7. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. • 8. Mapping Site Plan: Must be in accordance with the RCFPD Standard 5-11. Prior to the issuance of a Certificate of Occupancy, a 8 %" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • • B & C- 299 STAFF REPORT • PLANNING DEPARTMENT A_ DATE: June 22, 2011 RANCHO TO: Chairman and Members of the Planning Commission C,UCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Larry Henderson AICP, Principal Planner SUBJECT: NON CONSTRUCTION CONDITIONAL USE PERMIT MODIFICATION DRC2010- 00188M — MC ALAN'S PUB AND GRILL - A request to modify CUP DRC2010-00188 to increase the hours of operation of the Restaurant/Bar use to add two additional hours during Sunday thru Wednesday and one additional hour on Thursday and with no change to entertainment hours. Located at 6321 Haven Avenue. APN: 201-272-06 Related File: DRC2010-00189 (Entertainment Permit) PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Existing Single-Family Homes — Low Residential South - 1-210 Freeway — N/A East - Existing Condominium Complex— Medium-High Residential West - Existing Shopping Center— Neighborhood Commercial • B. General Plan Designations: Project Site - Neighborhood Commercial North - Low Residential South - 1-210 Freeway East - Medium-High Residential West - Neighborhood Commercial C. Site Characteristics: The application proposal applies to an existing restaurant in a single tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the north, Haven Avenue to the west, the 1-210 Freeway to the south, and an existing condominium complex to the east. The single tenant building comprises a total of 4,368 square feet with a 377 square foot outdoor patio. The building is located directly on the corner of Haven Avenue and Lemon Avenue, and is approximately 14-feet below the street grade from Lemon Avenue. The site is currently improved with landscaping, lighting, and parking areas. BACKGROUND: McAlan's Pub & Grill was originally approved under Conditional Use Permit CUP00-03 on March 22, 2000, which permitted the operation of a bar in conjunction with a restaurant. Concurrent with that approval, the Planning Commission also approved Entertainment Permit EP00-01 which allowed for acoustic trio music performances and karaoke. The original hours of operation and entertainment hours for CUP00-03 and EP00-01 were as follows: • Item D PLANNING COMMISSION STAFF REPORT DRC2010-00188M - MC ALAN'S PUB AND GRILL June 22, 2011 Page 2 • Hours of Operation Entertainment Type Sun - Thurs: 11:30 a.m. until 11:00 p.m. Weds: - Karaoke Fri - Sat: 11:30 a.m. to 2:00 a.m. Thurs - Sun: Singer, Bands, Piano Subsequently on June 14, 2000, a Modification to Conditional Use Permit CUP00-03 was approved by the Planning Commission to permit a 377 square foot outdoor patio area for dining and alcohol consumption. On June 23, 2010 the Planning Commission approved an application for DRC2010-00188 requesting modifications to the floor plan, hours of operation, and the type and hours of entertainment. The application is summarized as follows: Hours of Operation Entertainment Type/Hours Sun-Weds: 9:00 a.m. to 12:00 a.m.. , Thurs: 8:00 p.m. to 12:30 a.m. Bands* or Karaoke Thurs: 9:00 a.m. to 1:00 a.m. Fri-Sat: 8:00 p.m. to 1:30 a.m. Bands* or Karaoke Fri-Sat: 9:00 a.m. to 2:00 a.m. *At no time shall there be more than two (2) nights of (2:00 a.m. for major holiday bands each week. Week ends — New Years, Labor Day, Memorial Day, Saint Patrick's Day) In addition to the applicant's request, an additional condition to cease all alcohol sales and consumption no less than thirty (30) minutes before closing. This is to ensure that all patrons will have adequate time • between consuming a drink and leaving the establishment. • ANALYSIS: A. General: The proposed modified hours are: the days and hours of operation shall be limited to Sunday through Wednesday between 9:00 a.m. to 2:00 a.m., Thursday between 9:00 a.m. to 2:00 a.m., and Friday and Saturday between 9:00 a.m. to 2:00 a.m. (no change). Or in other words if approved, the modification would allow the Restaurant/Bar to be open from 9:00 a.m. to 2:00 a.m. seven days a week. There would be no change to the Entertainment Permit or any other existing Conditions of Approval. The applicant's justification document dated March 16, 2011 is attached for reference as Exhibit A. B. Compatibility of Use: The subject application is a request to modify the previously approved hours of operation of the Restaurant/Bar use and does not include changes to the Entertainment Permit. The subject site has a General Plan land use designation of Neighborhood Commercial, which is defined as: "The Neighborhood Commercial designation provides for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods and offering convenient retail goods and services for residents. Examples of permitted uses include small-scale restaurants, grocery and convenience stores, service businesses that generate limited traffic, and boutique retail sales. Neighborhood Commercial centers should be compatible in design and scale with adjacent residential areas." The subject site is located in close proximity to residential neighborhoods, and therefore could • potentially create impacts unless mitigated. Due to the fact that the existing building is approximately 14-feet below street grade, and all parking areas are located south of the building • D-2 • PLANNING COMMISSION STAFF REPORT DRC2010-00188M - MC ALAN'S PUB AND GRILL June 22, 2011 • Page 3 and the noise and light issues are sufficiently attenuated. Staff believes that with the previous conditions of approval, the potential operational impacts of the business can be mitigated in order to prevent impacts to adjacent residential uses and businesses. This modification request was continued from the May 25, 2011 meeting to allow time for the applicant and Police Department representatives to work on technical issues relative to security and responsible alcohol service operations. Since the previous Planning Commission meeting, Deputies have met with McAlan's staff and worked on issues related to security and responsible alcohol service operations. In addition, McAlan's has addressed security issues by hiring a City licensed security firm that has been accepted by the Police Department. They have also presented a Security Plan that has been reviewed and accepted by the Police Department. The Security Plan is also attached and incorporated into the Draft Resolution of Approval. The Police Department feels that if these measures are sustained and the Business is operated in a responsible manner, negative activities will be minimized to an acceptable level and therefore there is no objection to the proposed modification. C. Police Incidents The Rancho Cucamonga Police Department has received no major calls for service during the past eleven (11) months. ENVIRONMENTAL ASSESSMENT: •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 as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project entails the minor operational changes to an existing restaurant and bar including changes to the hours of operation, and there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was previously advertised as a public hearing for the May 25, 2011 meeting date in the Inland Valley Daily Bulletin newspaper. The property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. Because the item was continued to a date specific, no additional advertising was required. No letters or calls have been received with respect to the application. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2010-00188M through the adoption of the attached Resolution of Approval with conditions. Respectfully s bmitted, / /_ 1 Ja es °. Troyer, AICP Planning Director JRT:LH/Is •Attachments: Exhibit A - Applicant's Justification dated March 16, 2011 Exhibit B - Planning Commission Staff Report with exhibits dated June 23, 2010. Draft Resolution of Approval for Conditional Use Permit DRC2010-00188M D-3 CITY OF RANCHO CUCAMONGA MAR 1 6 2011 STATEMENT OF PURPOSE RECEIVED - PLANNING • The purpose of the document is to provide a written outline of the restaurant/pub operations known as: "McAlan's Pub & Grill". The principal, Stacy Wendler purchased McAlan's Pub and Grill from the previous ownership in 2008 and has continued with the business operations and employees from that ownership transfer. It is our sincere intent to remain in good standing with the City of Rancho Cucamonga from our purchase in 2008 of this existing Pub & Grill. During the past year we have complied with our Conditions of approval and requesting that we have our hours extended to keep our business viable. The following information is being provided to the City in hopes that we can continue to provide a comfortable environment for our patrons and residents of Rancho Cucamonga at McAlan's pub. THE BUSINESS McAlan's is an upscale Pub & Grill serving light faire, refreshments and cocktails in a business casual style environment and the menu has remained consistent since it was converted into a pub in 2000. We learned the previous ownership discontinued to offer a white tablecloth environment due to the added expense and impact on the environment. Our food is still presented with rolled silverware in cloth napkins along with friendly table or bar service. We continue to offer a sanctuary for residents to enjoy a day time pub eatery with music, dancing and libations with friends at our pub and a comfortable environment in the evenings. Patrons can enjoy televised sporting events as they are seasonally available (Football, Baseball, NASCAR, etc). During all hours of operation the televisions provide ticker updates to social, sporting and entertainment events as traditionally done with Pubs. Our goal is to provide a place for residents to relax and enjoy their time during these events. We continue to offer a band with intermittent dance music via a playback device during the weekends along with a Karaoke night. • EXHIBIT A 1 D-4 We also would like to provide the ability for special events such as wedding parties, birthday parties and Corporate events for reservation during the day or evening hours. • • BACKGROUND OF THE BUSINESS According to our research, within the City of Rancho Cucamonga and adjoining East/West cities, there are very few establishments in the immediate area that can provide a place for residents to visit. Presently, residents of these communities must travel south to Foothill Blvd to find a restaurant with a unique atmosphere that is available at McAlan's. During the 1980's and 1990's the business was Willies Pizza Pie family restaurant which was converted into a Pub in 2000. Since then the patrons have been provided the ability for a pub style eatery and bar during the day and entertainment dance floor during the evening. Our client base is for customers in the 25-55 year age group which we feel is a more responsible age group then some of the other establishments in the area. In spite of the economy, we have seen a positive growth in our customer base, which provides us with the ability to potentially be open more hours to be of serve the community. We have seen a growth in other comfortable Pub atmospheres such as TGI Fridays and Yard House which offer playback music, Pub style food and libations for the residents of Rancho Cucamonga. We have received a lot of positive feedback since we have taken over the business,especially for our specials that are offer the entire night like our`steak night'. MISSION STATEMENT To provide a fun and safe atmosphere of comfort and well-being in which our customers can enjoy quality food and refreshments at a fair and equitable price. We are voluntarily participating in the San Bernardino County Sheriff Alcohol late night disbursement program THE CONCEPT • McAlan's is a business professional restaurant/pub establishment that continues to provide quality atmosphere and select entertainment evenings (Dance Band/Karaoke). The interior finishes have remained similar to the previous decorations of the pub style window, seating, televisions and woodwork. The cherry wood bar/stools/tables and accented with brassjiixtures still remain at the bar tying us to a more traditional pub style environment. The poodle trees still stand at the main entry along with the planter boxes encompassing the patio. We removed some of the dingy booths and have prepared to replace them to match the existing interior. The fireplace, wall furnishings, pictures and carpets have continued for more of a modern pub style environment and the previous owner closed the window facing the 20' hill on the north side due to vandalism. The dart boards and pool tables were removed and replaced with seating areas. The key to success of McAlan's will be to offer the comforts of a modern pub with a positive clientele. We want to expand our hours to serve breakfast/brunch on the weekends within the normal pub business environment. We will continue to provide late evening pub style entertainment and we have a 3 to 4 piece band which is a "cover band" amplified acoustical motif. We will continue to utilize payback music device during non-entertainment nights and utilize music playback intermittently between band playing breaks. There will be no `laser light shows' or `disco lights' that will be utilized. The only lighting will be added will be that as for the entertainment aspect onto the stage which consists of few lights to shine on the stage area. The lighting will be set to provide enough lighting for those to eat while enjoying entertainment. The menu will still consist of the same casual food of gourmet hamburgers, hot sandwiches, quesadillas, top sirloin steaks etc. with during late evening hours of operation. We also offer specials during the week such as Monday, Fish and Chips, Tuesday night is our $1.00 Taco Buffet, Country Wednesdays, offering ''A chicken, corn and mashed potatoes for$5.00. Thursdays is our famous • $5.00 Steak Dinner with a baked potato and salad. Our specials may change from time to time based on 2 D-5 the time of year and weather. We have had numerous requests to add a breakfast menu and expand our • menu selection and we are in the draft form on menu updates. LOCATION McAlan's is located at 6321 Haven Avenue in the Haven Village Shopping Center at the northeast corner of Haven Avenue and 210 freeways in Rancho Cucamonga, which comprises approximately 4500 square feet. Anchor tenants Von's and Traders Joes occupy the center include the following 24 hour operation tenants: Union 76 gas station, Corky's, Del Taco, McDonalds located on 13 acres with nearly 130,000 sf of approved square footage. OBJECTIVES AND EXPECTATIONS McAlan's is looking for the opportunity to provide services later in the evenings to adjust for local market competition and customer requests. We want to have the opportunity to serve our patrons later in the evening similar to our competition and to control the disbursement of patrons during our closing shut down process. We have offered to facilitate and participate in regular inspections regarding our business operation as pay the associated fees applicable to the City time for this during the next year. MARKET COMPETITION Gallie's l lam-1:30am, has 7 days a week with Entertainment Buffalo Wild Wings l lam-2am everyday Roadhouse I lam-tam every day(with Dancing) • • Omaha Jacks I lam-2am Fri/Sat, 12 Midnight weekdays Magic Lamp Tues-Sat 8am to 2am, Sun-Mon Midnight Wings and Rings 11am to 2am Thurs-Sat I lam-12am Sun-Weds Corky's 24 hours (Serving till 2am) Yard House Monday-Weds 12am, Friday Sat 2am Friday's l lam-2am Rock the Key's 7 days-5:00 pm-2 am BJ's 11am-12am Mon-Thurs, Friday/Sat 10am-lam Goodfellas 4pm—2 am 7 days a week. Toby Keith til 2 am (coming soon) - MARKETING STRATEGY McAlan's will use traditional marketing methods (i.e., , newspaper advertisements, and other marketing media). Given the hospitality and atmosphere that McAlan's intends to provide, word of mouth will also become a highly effective marketing tool. We continue to advertise and cross-promote with the Citizen Business Bank Arena, Quakes stadium and Radio. MINIMIZING RISK FACTORS McAlan's continues a plan of continuous education to employees regarding refusal of service of alcoholic beverages to underage and intoxicated patrons and abide by all ABC guidelines as well as restricting access to patrons during later evenings to assist in this control similar to what is done with Yardhouse, • Bevmo and Total Wine. We are proud that our investigations with ABC have resulted in successful 3 D-6 alcohol service denials as required by law. We continue to cooperate with the Sheriffs department as to alcohol sales and working on implementing the closing plans. This closing plan as suggested by the San Bernardino County Sheriffs is a prime example of how utilizing • longer business hours we can control potential risk factors. We have assisted the Sheriffs department in identification which has resulted in detention of a City wide crime spree. There have been no code enforcement incidents that we are aware of and to our knowledge there have been a limited amount of calls for services, which we believe is a direct result of demonstrating our ability to attract and manage a responsible clientele. CAPITAL Stacy is personally funding this project with ongoing revenue generation from patrons of the community and personal assets of the family. SUMMARY McAlan's hope is to continue to provide the community with a safe locally-owned Pub & Grill establishment that provides good food in a relaxing environment for sporting events and entertainment close to home similar to business hours of operation for other competitors and other neighborhood commercial centers in the market. Thank you for your time in reviewing our application and please feel free to contact my consultant or myself if you have any questions or need of any additional information or assistance concerning my business. • Stacy Wendler Grill & Pub Owner-McAlan's • 4 D-7 STAFF REPORT V rTh • PLANNING DEPARTMENT DATE: June 23, 2010 RANCHO TO: Chairman and Members of the Planning Commission CjtICAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00188 - CHARLES JOSEPH ASSOCIATES - A request to modify Conditional Use Permit CUP00-03 including modifications to the floor plan and hours of operation for an existing 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue - APN 0201-272-06. Related Files: Entertainment Permit DRC2010-00189. and CUP0O-03. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). (Adam C.) ENTERTAINMENT PERMIT DRC2010-00189 - CHARLES JOSEPH ASSOCIATES - A request to include live entertainment such as dancing, bands, and karaoke in conjunction with a 4,368 square foot full service restaurant and bar located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue - APN 0201-272-06. Related Files: Conditional Use Permit DRC2010-00188 and CUP00-03. This project is categorically exempt from the • requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Existing Single-Family Homes —Low.Residential South - 1-210 Freeway — N/A East - Existing Condominium Complex— Medium High Residential West - Existing Shopping Center— Neighborhood Commercial B. General Plan Designations: Project Site - Neighborhood Commercial North - Low Residential South - 1-210 Freeway East - Medium High Residential • . West - Neighborhood Commercial C. Site Characteristics: The proposed applications are for an existing restaurant in a single tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the north, Haven Avenue to the west, the 1-210 Freeway to the south, and an existing condominium complex to the east. The single tenant building comprises a total of 4,368 square feet with a 377 square foot outdoor patio. The building is located directly on the corner • of Haven Avenue and Lemon Avenue, and is approximately 14-feet below the street grade EXHIBIT B D-8 • PLANNING COMMISSION STAFF REPORT DRC2010-00188 & DRC2010-00189— CHARLES JOSEPH ASSOCIATES JUNE 23, 2010 Page 2 from Lemon Avenue. The site is currently improved with landscaping, lighting, and parking • areas. D. Parking Calculations: Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Restaurant including 4,745 1/100 48 48 the outdoor patio ANALYSIS: A. General: McAlan's Pub & Grill was originally approved under Conditional Use Permit CUP00- 03 on March 22, 2000 which permitted the operation of a bar in conjunction with a restaurant. Concurrent with that approval, the Planning Commission also approved Entertainment Permit EP00-01 which allowed for acoustic trio music performances and karaoke. The original hours of operation and entertainment hours for CUP00-03 and EP00-01 were as follows: Hours of Operation Entertainment Type Sun -Thurs: 11:30 a.m. until 11:00 p.m. Weds: - Karaoke Fri - Sat: 11:30 a.m. to 2:00 a.m. Thurs — Sun: Singer, Bands, Piano Subsequently on June 14, 2000, a Modification to Conditional Use Permit CUP00-03 was • approved by the Planning Commission to permit a 377 square foot outdoor patio area for dining and alcohol consumption. The business was subsequently sold in 2008 to the new owner, Stacy Wendler. The owner submitted plans to update the occupancy load for the patio area. During their review of the plans and follow-up investigation, staff identified that modifications were made to the floor plan of the restaurant, hours of operation, and the type and intensity of entertainment. The booths had been removed and replaced with bar stool and table seating, the hours of operation exceeded those set forth in the approval of CUP00-03, and the entertainment had been expanded to include DJ's, bands, and dancing. Planning Department staff met with the owner and her legal counsel in June of 2009 to discuss the modifications that had been made to the floor plan and business operation. At the meeting, Planning Department staff explained to the owner that she would need to submit a new Conditional Use Permit and Entertainment Permit in order to bring the business into compliance. On March 16, 2010, nine (9) months after meeting with the owner to discuss compliance issues, Charles Joseph Associates submitted Conditional Use Permit DRC2010-00188 and Entertainment Permit DRC2010-00189 on the behalf of the owner, Stacy Wendler. The applicants are requesting modifications to the floor plan, hours of operation, and the type and hours of entertainment. The applicant's request is summarized below: • • D-9 PLANNING COMMISSION STAFF REPORT DRC2010-00188 & DRC2010-00189 — CHARLES JOSEPH ASSOCIATES JUNE 23, 2010 Page 3 • Hours of Operation Entertainment Type/Hours Sun-Weds: 9:00 a.m. to 12:00 a.m. Thurs: 8:00 p.m. to 12:30 a.m. Bands* or Karaoke Thurs: 9:00 a.m. to 1:00 a.m. Fri-Sat: 8:00 p.m. to 1:30 a.m. Bands* or Karaoke Fri-Sat: 9:00 a.m. to 2:00 a.m. *At no time shall there be more than two (2) nights of (2:00 a.m, for major holiday bands each week. weekends — New Years, Labor Day, Memorial Day, Saint Patrick's Day) In addition to the applicant's request, staff will include an additional condition to cease all alcohol sales and consumption no less than thirty (30) minutes before closing. This is td ensure that all patrons will have adequate time between consuming a drink and leaving the establishment. B. Compatibility of Use: The subject applications are a request to modify the previously approved floor plan, hours of operation, and the type and intensity of entertainment. The subject site has a General Plan land use designation of Neighborhood Commercial, which is defined as: "The Neighborhood Commercial designation provides for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods and offering convenient retail goods and services for residents. Examples of permitted uses include small- scale restaurants, grocery and convenience stores, service businesses that generate limited traffic, and boutique retail sales. Neighborhood Commercial centers should be compatible in design and scale with adjacent residential areas." • The subject site is located in close proximity to residential neighborhoods, and therefore could potentially create impacts unless mitigated. Due to the fact that the existing building is approximately. 14-feet below street grade, and all parking areas are located south of the building, noise and light issues are sufficiently attenuated. Staff believes that with the conditions of approval, the potential operational impacts of the business can be mitigated in order to prevent impacts to adjacent residential uses and businesses. C. Police Incidents • The Rancho Cucamonga Police Department has received only one (1) major call for service during the past six (6) months. A summary of that incident is described below: Report no. Date Description DR # 111003161 3/18/10 Strong Arm Robbery, Battery D. Environmental Assessment: 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 as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project entails the minor physical alteration of an existing restaurant and bar including changes to the hours of operation, and there is no substantial evidence that the project may have a significant effect on the environment. • D-10 PLANNING COMMISSION STAFF REPORT • DRC2010-00188 & DRC2010-00189 — CHARLES JOSEPH ASSOCIATES JUNE 23, 2010 Page 4 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily • Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC20 1 0-001 88 and Entertainment Permit DRC2010-00189 through the adoption of the attached Resolutions of Approval with conditions Respectfully submitted, J es R. Troyer, AICcIl anning Director JRT:AC/Is Attachments: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Statement of Operation Letter Exhibit E - Menu Exhibit F - CUP00-03 and Resolution of Approval 00-27 Exhibit G CUP00-03MOD and Resolution of Approval 00-63 • Draft Resolution of Approval for Conditional Use Permit DRC2010-00188 Draft Resolution of Approval for Entertainment Permit DRC2010-00189 • • D-11 L. [ oh _ ! a T-- ,N II °rl ly',5 r 4 :�al 1 ](, I5'T,y ,/ �y"{1! � f � Is' J;4 1 �, o'Ek" ,: :I , ur °.xs, ( 1 '� • ' ,k� 9, I ..arxa' ' `" 1 •! aur a - - !t^ S vc r,� '' �, w 5n rij -1I: �� r ' 1 i 1 iQ 7 _ "In Li t IJr 1 Y"'1�"_'+dr:^•; :-. .". i!Y.., - .�G'71R1 -, G." T 9 . , L ", �X3 1--- •1 tt 1• 1 el r i F In P'r'+- } rl'a' ■v _ I�, Rk !I ..I .♦ :Ij , - •• 'J^,e ,dla t•,5 { ]•YI 1 C�. -f�»�!. �' :,,k 1 f»it a � •r I . :1 x rr - fl- L!' r ?�eC �' �W,y,r (mil• It:42== 'p.r„ n, .dSN„�rF L I g I.47;,,.y, %I 15j" i rl 3-",".!:!!.. 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F7 w'� 11210 ,,...,,u y;,y°".�'1 �✓ �aJ GJ v t tl e1r i+, Pa �'dr.. ,.r K:. 'r` .s "y : '7 � ' .'�'`� +ter, // .f:r. :t w - ..e'L„ c^�▪""` t1,G..r J l ' wI ,""it"1.7Afk7r'.4-.,qt't 4ei.J+. C.'IMus_^ 5„ 21Cti1. 'r:l' •EXHIBIT A `. D-12 t 1 ! r— 1liuth t JI 11111 ills ifs 1 i! t i I�ii�1111hhI111 D1( F I 0 c 9 C ' ds 1 II 9.1 'I' •p ' e (2.32- l ; • r Ili 9 9... .. . . ..p.1 s s' e 1 $ i �, I! I 1 11 Q 6 'e4 !II 1 ! I n F It 161i1Eimii111 mil x Inv t+ 1 •. 9 = iii I II�Ii■ i;:t i ti 1 Wt m I— I @ 1!E1 III Nil I I1 1 1 !iEi}iti I idiliiliiiiiihiIit1L1 lib 1 ii , a ' I - r4° _ _ _ _ _fir NOIW I - �01 FY1 I I g1 s t `t , 34 & ` Vl _ 1 lir ' \ 1111\\.. Nit„ 9 ui i 121 ' 1 \� W 1 =_ur_1�.: I `y\ I _ a ,^ 1 1 , \ I N. 3 J l I ON \ \\ ♦ Z B i NM '-t- MM �W ,_, Q o\ � ! W lam. .► -1 • ' � §E W • a _\\'a\• Vr UisiuiwrO • N II rPn . 4; �Il tt — ��-- [ ® i I _ i 111 = I•E • '.ir \ I ...� Z 1 il0llI �\\ �, WL ... ; tom ." WU m ant t i 1 j ` U ce I^ QQ . fa fa .31, o ege I i EXHIBIT B — D-13 Pill f`' 9 M �g 00J ` °; E€ 0 �w 1i ...�.•., � s�{i; D`�° [ �{ o 1 [1`• 1 O III' L= i !ail �� •i �� 2J 5( i '';li , . . • • 114 161 I•c.' p... 60 ,'/ / // E �D a' / l i�:JJL 9 ' ,'4°°O - J 4PoN: 6...; ErTh7.--: 0 I ilr_b_______:- 01 ' of W •• Er 11 l<> 1 1 1�__ u! _ ,.._ NORTH, 1I •• Fr12l I B!; I- . i 0 ,j _.,� ._. — 112-�,6 - 1 Pill / (. II 110 ig. 1 t° I ei 1 I n.._r !{ .4Ay 11 ''5S.e1�7( ;e 1E {S[ 805 le I%III Oi iS 1J i!=ii'i Iii I 1 4 I 1 'li Ee i{ig {,{i 1 !1 1 4i . I• Q s it `� : {IIHI�S ie{��,� r {� €Q ;l. {➢ {��1' Eat E9 1 {€ i � €� i';ti1i I i� !I •1; II {! ci i, s, [ E {� q i{Qiill !` {I€ II 1pp II; �E{' iiI ! t I : ' I 1 411 9 • 111 i c s 3I/111: iE; Ell E, 11III� / 11411 a t' '''II �I €p II'!� v'E E11Iq i1�I EE'11 iI 1;PpII E - -� IfI'g oil! ' i Ii. 4 Ii /PI €i, 40 11{1 '! 1 1 .. 11;11' f iii!;: 1 t i {F E- I-{ [ 11€1l{[; e' 1 1 e Ix i . • p1 1 • {Ii! 1I = e; I ; ,. III II t1 +; 000000 t " 11 IAII t l iiy8 1 1 1�1 t;[ey '�� 4 II t g y E 1 i t 8 1 Itt I et ,v ! i 1 9!y '1@ !` 9 1 i 1 i ::3 1 3 :' _? if t i! i ! y 4 0;01 i�, 1 gEIIJIIIII ! 1 i !6i E n 1 e . t - '°o ; /h [.. ; , c`• f 4 9 1!,e a i el �clt . 3[€ ti;ii v 1 it E,� [ 1 i l A i ! 1 t i n { , 4 41 r , 1Ir e6 K - 1 `I ii ! II! ! I i 1 i ! i (0 /a3 /,o Mc Alan's Pub and Grill _ m,=.; EXHIBIT C 6-521 Haven Ave any f:ancho Cucamaiga, Ca 91701 D-14 STATEMENT OF PURPOSE • The purpose of the document is to provide a written outline of the restaurant/pub operations known as: "McAlan's Pub & Grill". The principal, Stacy Wendler purchased McAlan's Pub and Grill from the previous ownership in 2008 and has continued with the business operations and employees from that ownership transfer. We received a letter in February from the City Planning department that staff would like the application updated, along with the existing hours of operations and update the Entertainment Permit. It is our sincere intent to remain in good standing with the City of Rancho Cucamonga from our purchase in 2008 of this existing Pub & Grill. The following information is being provided to the City in hopes that we can continue to provide a comfortable environment for our patrons and residents of Rancho Cucamonga at McAlan's pub. THE BUSINESS McAlan's is an upscale Pub & Grill serving light faire, refreshments and cocktails in a business casual style environment and the menu has remained consistent since it was converted into a pub in 2000. We learned the previous ownership discontinued to offer a white tablecloth environment due to the added expense and impact on the environment. Our food is still presented with rolled silverware in cloth napkins along with friendly table or bar service. We continue to offer a sanctuary for residents to enjoy a day time pub eatery with music, dancing and libations with friends at our pub and a comfortable environment in the evenings. Patrons can enjoy televised sporting events as they are seasonally available (Football, Baseball, NASCAR, etc). During all hours of operation the televisions provide ticker updates to social, sporting and entertainment events as traditionally done with Pubs. Our goal is to provide a place for residents to relax and enjoy their time during these events. We continue to offer a band with inteuuittent dance music via a playback device during the weekends along with a Karaoke night. • We would like to propose to extend our current business hours to accommodate sporting events in the mornings and for availability of an additional menu and services later in the evenings along with music: . Existing Hours of Operation CUPMOD 00-03 Entertainment Monday—Thursday: 11:30 am to 11:00 pm; Wednesday Karaoke Friday-Saturday: 9:00 AM— 2:00 am Thurs Band 7pm-11:OOpm Friday & Sat Band—7:00 pm to 12:30am Sunday Band 6pm-11:OOpm Requested Hours of Operation Entertainment. Sunday—Weds: 9:00 am to 12am 7pm-11:30 pm Thursday 9:00 am— 1:00 am last call; 7:00 pm-12:30 am Friday-Sat 9:00 am—2:00 am 5:00 pm-1:30 am (tam for Major Holiday weekends) New New Years, Labor Day, Memorial Day, St Patricks Day only) We would like to be provided the flexibility to modify our schedules as the business permits for the Karaoke and 4 piece band to fluctuate between the nights requested for entertainment. Allowing us this flexibility for conditions of approval that cease entertainment 30 minutes prior to the close of hours of • b1„;.. It EXHIBIT D D-15 operation would accomplish this. This provides the opportunity for those days to be switched based upon • scheduling availabilities for the band, customer requests and sporting events. During Major Holidays (Memorial Day, Labor Day, St Patricks Day & New Years) we would like the flexibility for these later hours on Sunday due to the crowd being similar to a 'weekend night'. We also would like to provide the ability for special events such as wedding parties, birthday parties and Corporate events for reservation during the day or evening hours. BACKGROUND OF THE BUSINESS • According to our research, within the City of Rancho Cucamonga and adjoining East/West cities, there are very few establishments in the immediate area that can provide a place for residents to visit. Presently, residents of these communities must travel south to Foothill Blvd to find a restaurant with a unique atmosphere that is available at McAlan's. During the 1980's and 1990's the business was Willies Pizza Pie family restaurant which was converted into a Pub in 2000. Since then the patrons have been provided the ability for a pub style eatery and bar during the day and entertainment dance floor during the evening. Our client base is for customers in the 25-55 year age group which we feel is a more responsible age group then some of the other establishments in the area. In spite of the economy, we have seen a positive growth in our customer base, which provides us with the ability to potentially be open more hours to be of serve the community. We have seen a growth in other comfortable Pub atmospheres such as TGI Fridays and Yard House which offer playback music, Pub style food and libations for the residents of Rancho Cucamonga. We have received a lot of positive feedback since we have taken over the business, especially for our specials that are offer the entire night like our 'steak night'. • MISSION STATEMENT To provide a fun and safe atmosphere of comfort and well-being in which our customers can enjoy • quality food and refreshments at a fair and equitable price. We are voluntarily participating in the San Bernardino County Sheriff Alcohol late night disbursement program THE CONCEPT • McAlan's is a business professional restaurant/pub establishment that continues to provide quality atmosphere and select entertainment evenings (Dance Band/Karaoke). The interior, finishes have remained similar to the previous decorations of the pub style window, seating, televisions and woodwork. The cherry wood bar/stools/tables and accented with brass fixtures still remain at the bar tying us to a more traditional pub style environment. The poodle trees still stand at the main entry along with the planter boxes encompassing the patio. We removed some of the dingy booths and have prepared to replace them to match the existing interior. The fireplace, wall furnishings, pictures and carpets have continued for more of a modem pub style environment and the previous owner closed the window facing the 20' hill on the north side due to vandalism. The dart boards and pool tables were removed and replaced with seating areas. The key to success of McAlan's will be to offer the comforts of a modern pub with a positive clientele. We want to expand our hours to serve breakfast/brunch on the weekends within the normal pub business environment. We will continue to provide late evening pub style entertainment and we have a 3to 4 piece band which is a "cover band" amplified acoustical motif We will continue to utilize payback music device during non-entertainment nights and utilize music playback intermittently between band playing breaks. There will be no 'laser light shows' or 'disco lights' that will be utilized. The only lighting will be added will be that as for the entertainment aspect onto the stage which consists of few lights to shine on the stage area. The lighting will be set to provide enough lighting for those to eat while enjoying • 2 D-16 entertainment. The menu will still consist of the same casual food of gourmet hamburgers, hot • sandwiches, quesadillas, top sirloin steaks etc. with during late evening hours of operation. We also offer specials during the week such as Monday, Fish and Chips, Tuesday night is our $1.00 Taco Buffet, Country Wednesdays, offering '/l chicken, corn and mashed potatoes for $5.00. Thursdays is our famous $5.00 Steak Dinner with a baked potato and salad. Our specials may change from time to time based on the time of year and weather. We have had numerous requests to add a breakfast menu and expand our menu selection and we are in the draft form on menu updates. LOCATION McAlan's is located at 6321 Haven Avenue in the Haven Village Shopping Center at the northeast corner of Haven Avenue and 210 freeways in Rancho Cucamonga, which comprises approximately 4500 square feet. Anchor tenants Von's and Traders Joes occupy the center include the following 24 hour operation tenants: Union 76 gas station, Corky's, Del Taco, McDonalds located on 13 acres with nearly 130,000 sf of approved square footage. OBJECTIVES AND EXPECTATIONS McAlan's is looking for the opportunity to provide services later in the evenings to adjust for local market competition and customer requests. We want to have the opportunity to serve our patrons later in the evening similar to our competition and to control the disbursement of patrons during our closing shut down process. We have offered to facilitate and participate in regular inspections regarding our business • • operation as pay the associated fees applicable to the City time for this during the next year. MARKET COMPETITION • Gallie's 11 am-1:30am,has 7 days a week with Entertainment Buffalo Wild Wings 11am-2am everyday Roadhouse 1 lam-2am every day (with Dancing) Omaha Jacks 1 lam-2am Fri/Sat, 12 Midnight weekdays Magic Lamp Tues-Sat 8am to 2am, Sun-Mon Midnight Wings and Rings 11am to 2am Thurs -Sat 1 lam-12am Sun-Weds Corky's 24 hours (Serving till 2am) Yard House Monday-Weds 12am, Friday Sat 2am Friday's 1lam-2am Rock the Key's 7 days-5:00 pm-2 am BJ's 11am-12am Mon-Thurs, Friday/Sat loam-lam Goodfellas 4pm—2 am 7 days a week. MARKETING STRATEGY McAlan's will use traditional marketing methods (i.e., , newspaper advertisements, and other marketing media). Given the hospitality and atmosphere that McAlan's intends to provide, word of mouth will also become a highly effective marketing tool. We continue to advertise and cross-promote with the Citizen Business Bank Arena, Quakes stadium and Radio. MINIMIZING RISK FACTORS • 3 D-17 McAlan's continues a plan of continuous education to employees regarding refusal of service of alcoholic • beverages to underage and intoxicated patrons and abide by all ABC guidelines as well as restricting access to patrons during later evenings to assist in this control similar to what is done with Yardhouse, Bevmo and Total Wine. We are proud that our investigations with ABC have resulted in successful alcohol service denials as required by law. We continue to cooperate with the Sheriffs department as to alcohol sales and working on implementing the closing plans. This closing plan as suggested by the San Bernardino County Sheriffs is a prime example of how utilizing longer business hours we can control potential risk factors. We have assisted the Sheriffs department in identification which has resulted in detention of a City wide crime spree. There have been no code enforcement incidents that we are aware of and to our lmowledge there have been a limited amount of calls for services, which we believe is a direct result of demonstrating our ability to attract and manage a responsible clientele. CAPITAL Stacy is personally funding this project with ongoing revenue generation from patrons of the community • and personal assets of the family. SUMMARY • McAlan's hope is to continue to provide the community with a safe locally-owned Pub & Grill establishment that provides good food in a relaxing environment for sporting events and entertainment close to home similar to business hours of operation for other competitors and other neighborhood commercial centers in the market. Thank you for your time in reviewing our application and please feel free to contact my • consultant or myself if you have any questions or need of any additional information or assistance concerning my business. Stacy Wendler Grill &Pub Owner-McAlan's • • 4 • • D-18 • Starters • McAlan's Hot Wings Zesty chicken wings, ham, served with celery sticks and ranch dressing 9 Fried Green Beans Chile battered green beans, lightly fried with chipotle dipping sauce 8 Steamer Clams Fresh manilla clams, white wine garlic broth served with garlic toast 10 Chicken Nachos Our homemade tortilla chips smothered with refried beans, cheddar and jack cheese, sour cream, guacamole, Pico de gallo and spicy chicken 10 • Rocket Shrimp Spicy shrimp, deep-fried, served with garlic mayo 10 Potato Skins Crispy baked potato skins filled with cheddar and jack cheese; topped with bacon and chives, served with sour cream and ranch dressing 7 Chicken Quesadilla • A large flour tortilla filled with grilled chicken, jack and cheddar cheese, served with spicy salsa and zesty guacamole 7 Shrimp Scampi Tiger prawns sautéed in a white wine. Lemon garlic butter sauce, served with garlic toast 11 EXHIBIT E D-19 Chicken Tenders S Boneless chicken breast deep fried till golden, served with ranch dressing and BBQ sauce 8 Chicken Taquito's Homemade chicken taquito's served with sour cream, salsa, and guacamole 9 Sampler Platter Assortment of chicken taquito's, hot wings, fried green beans, chicken tenders and potato skins. Served with sour cream, ranch dressing and guacamole 12 • • _ D-20 . .. Sandwiches • All American Club Sandwich Sliced turkey, tomato lettuce, bacon and mayo on sourdough bread 9 Crackling Chicken Sandwich Chicken breast, magic flower, butter lettuce, tomato, pickles & peppercorn buttermilk dressing 9 Rib Eye Steak Sandwich Grilled Rib Eye Steak served on a French roll, mayo lettuce, tomato and onion 11 New York Classic Reuben Sliced corned beef, Swiss cheese and sauerkraut served on rye bread and Thousand Island dressing 11 • French Dip Thinly sliced roast beef stacked high on a French roll, and au jus 9 Pastrami Dip Thinly sliced pastrami stacked high on a French roll with mustard and pickles 9 Traditional Patty Melt A juicy grilled beef patty served with American cheese and grilled onion and rye bread 8 B. L.A.T Sandwich Bacon, lettuce, avocado, tomato, mayo sourdough bread 8 D-21 McAlan's burger • Half pound angus beef, lettuce, tomato, onion, pickle and sesame bun and house fries 8 Extras Cheese 1 Bacon .75 Avocado 30 • • ...................... D-22 Salads • Hollywood Brown Derby Cobb Salad Grilled chicken breast, smoked bacon, tomato, avocado, blue cheese, egg, crisp mixed greens 10 Caesar Chicken Salad Romaine lettuce tossed with caesar dressing, Parmesan cheese and garlic croutons 9 Iceberg Wedge A wedge of crisp iceberg lettuce, blue cheese dressing topped with chopped tomatoes and apple wood smoked bacon 8 Shrimp Louie Poached tiger prawns, avocado, tomato, egg, olives, iceberg lettuce, cucumber tossed with Thousand Island dressing 11 • Spinach and Goat Cheese Salad Garden fresh spinach, bacon, Granny green smith apples, candied pecans, radicchio, goat cheese, Italian balsamic vinaigrette 9 Chinese Chicken Salad Grilled chick, carrots, cabbage, mandarin oranges, cucumber rice noodles, wontons Chinese sesame dressing 10 Garden Salad 3 Soup of the Day Bowl 4 Cup 3 • D-23 Entrees • Corn Beef & Cabbage Served with buttered red potatoes, carrots, braised cabbage, creamy horseradish sauce 14 Del Mar Fish & Chips Fresh halibut in tempura ale batter served with homemade tarter sauce and house fries 10 Shrimp Combo Plate A combination of deep fried shrimp and sautéed shrimp served with house fries 12 California Chicken Grilled chicken breast topped with Ortega chill, Swiss cheese served with avocado, tomato and onion 9 Buttermilk Crackling Chicken Served with mashed potatoes and sausage gravy 11 Linguini & Clams Fresh manilla clams, garlic, white wine, parsley, lemon and butter 12 Rib Eye Steak BoZ Rib Eye Steak grilled and served with mashed potato and onion rings 14 Sides Garlic mashed potatoes 3 Fresh vegetables 3 French Fries 3 Linguini Pasta 3 Red Potatoes 3 • .................. . . D-24 the city o f Rancho Cucamonga Staff Report • DATE: March B, 2000 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner • BY: Emily Wimer, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT-00-03 MCALAN'S PUB AND GRILLE -A request to establish a bar in conjunction with a restaurant that offers entertainment, in the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue-APN - 201-271-69. fat ENTERTAINMENT PERMIT 00-01- MCALAN'S PUB AND GRILLE -A request to . • offer entertainment consisting of a small acoustic trio and Karaoke in conjunction with a bar and restaurant within the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue—APN-201-271-69. PROJECT AND SITE DESCRIPTION: A. Site Characteristics and Surrounding Land Use The site is fully improved as a Neighborhood Commercial Center. The anchor tenants in the center include a Top Valu Market, McDonalds, and a Unocal station. In addition there are twenty other small retail stores, including a dry cleaners, hair stylist, beauty supply store, and insurance company. The property to the east of the site is developed with apartments and the property to the west is a small shopping • center on the southwest corner. The property to the south is the Route 30 freeway and to the north is zoned Single Family Residential. The center is not fully leased. • B. Parkin : The Haven Village Shopping Center was built prior to the current parking regulations. The previous tenant was the "Willie and Pies" pizza parlor, which was in operation for a number of years as a sit-down restaurant. The new tenant is not requesting any expansion of the building; however, entertainment and a bar is proposed with the restaurant use. Haven Village Center currently has a total of 485 shared parking spaces. Parking for the pub and grille will not exceed the spaces used by the previous tenant. EXHIBIT F D-25 • PLANNING COMMISSION STAFF REPORT CUP 00—03, EP 00 - 01 March 8, 2000 Page 2 ANALYSIS: A. Proposed Uses: The applicants, Mr. Alan and Ms. Campero, propose to take the 4,500 square foot building and establish a grille and pub that offers primarily dinner and full bar service with entertainment and dancing. The bar and grille hours are Sunday through Thursday from 11:30 a.m. until 11:00 p.m. and Friday and Saturday from 11:30 a.m. to 2:00 a.m. According to the applicant, the business will be an upscale restaurant/pub serving light fare, refreshments, and cocktails in a white tablecloth/piano ambiance style environment (See Exhibit "E" for menu). No entertainment is proposed on Monday and Tuesday. Thursday through Sunday the entertainment proposed is a singer, guitarist, and/or a piano player in the evenings. Wednesday evening is the proposed Karaoke evening. Exhibit "C" is a detailed description of the proposed entertainment schedule for McAlan's Pub and Grille. B. Compatibility of Use: The proposed pub and grille is located on the northwest corner of Haven Village Center. The site is surrounded by existing homes to the north and east, and a shopping center to the west, across Haven Avenue. The shops along the east side of Haven. Village Center act as a buffer for the neighboring residential district to the east. The use is not expected to disturb existing residences to the north because Lemon Avenue runs between the homes and the shopping center and the pub and grille sits approximately 14 feet below Lemon Avenue. �• The proposed pub and grille is not expected to conflict with other business activities in the center. Most of the other tenants close at 6:00 p.m. with the exception of the three anchor tenants. Top Value market is open until 11 p.m. seven days a week, Mc Donald's is open until 12:00 a.m. seven days a week. The Unocal service station is open until 10:00 p.m. These anchor tenants are compatible with the surrounding uses and the proposed pub and grille. Currently, no other entertainment permits exist in the Haven Village Center. C. Public Safety Concerns: 1. Polio and Fire Safety. The Police Department has been reviewing the proposed uses. Their comments will be given at the public hearing. The Building and Safety Division and the Fire Prevention Unit have also reviewed the proposed uses. A condition of approval has been included that requires the applicant to meet all applicable codes for interior modification and improvements and that the building be inspected prior to occupancy. 2. Security Plan: A condition of the entertainment permit requires the applicant to provide a security guard for the restaurant if the dance floor exceeds 150 square feet. The applicant stated at the most, the dance floor would be 12x12, or 144 square feet. Therefore, the square footage of the dance floor would not constitute the use of a separate security guard for the restaurant. The landlord has stated that there is currently a security guard for Haven Village Center with shift hours of Monday through e Friday from 3:00 p.m. until 10:00 p.m., Saturday and Sunday security hours are D-26 • PLANNING COMMISSION STAFF REPORT • CUP 00 — 03. EP 00 -01 March 8, 2000 Page 3 3:00 p.m. until 11:00 p.m. There is no outdoor entetainment proposed. Staff believes that the addition of a restaurant with a full bar and a small amount of entertainment will not conflict with the surrounding uses and that it would be compatible and cohesive with the nature of the other Neighborhood Commercial uses. • Conclusion: Based on the above analysis, staff believes that the proposed uses would be compatible with the surrounding uses and comply with the objectives of the Neighborhood Commercial Center and the Haven Village Center. FACTS FOR FINDING: The Commission must make all of the following findings to approve the two applications: A. Conditional Use Permit: 1. That the proposed use is in accordance with the General Plan, the objectives of the Development Code, and the purposes of the Neighborhood Commercial District in which it is located. 2. That 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. 3. That the proposed use complies with each of the applicable provisions of the Development Code and the Neighborhood Commercial District. B. Entertainment Permit: 1. That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare. 2. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner. • 3. That the applicant, or any person associated with him/her as a principle or partner or in a position, or capacity involving partial or total control over the conduct of the business for which such a permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offenses 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 an approval, permit, or license issued in conjunction with the sales of alcohol or the provision of entertainment been revoked within the preceding five years. • 4. That the granting of the application would not create a public nuisance. • • D-27 PLANNING COMMISSION STAFF REPORT CUP 00 —03, EP 00-01 March 8, 2000 Page 4 5. That the normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhoods. 6. That: the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 7. The applicant shall get all permits necessary, including an Alcohol Beverage License prior to commencement of building permits. Staff could find no evidence contrary to the required findings. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site and all the tenants within the Haven Village Center. RECOMMENDATION: Staff recommends approval of the bar and entertainment through adoption of the attached Resolution. Staff recommends a six-month review after the entertainment has commenced. • Respectfully submitted, Brad Buller City Planner BB:EVAls Attachments: Exhibit'A" Site Plan Exhibit"B" - Applicant's Letter Exhibit"C' Entertainment Schedule Exhibit"D" Floor Plan Exhibit'E" Menu • Resolution of Approval for CUP 00-03 Resolution of Approval for EP 00-01 • r� D-28 �. y - b F U �—. I _ T 1 V . p p , E g u el U ,i '-i a•y U H a .O P e)..10 • O O. y a G m a S O U C - . U N L L > ,i - `i O -4 •-1•.1 a a .{ -. a *".1 ., q a > n q a > ,r D U U = t F F U < n E _ '0 c NU , 1 a -i 7 0 a i U % N -1 L O - a L e1 a I-1 - y T a C : '1 .4 L .{ U O a -/ ...4 . iv M 4 U -1 L >, i •M \ K L co C D a n a -{ •O -1 - > a W y U. a U > A ..i O t c K v 1{ a C S > U y 7 N • t a m +. up -•1 N n f 4f1 ID 1� O c ti N n < N lD N N 1• < C� ^ \ . ‘%.-.4 _¢O_ 41 .( 1 - • 1 \ . a ti E rn C L.1 DD Of .• t LL CI M a.i � . • _ "o m ,- c g o = \\.. N W m D N O e C 1 0 IC \ J n i C _ a = C ti Cr „\ 11 W �, i S a Itll of I o €•— . . ' 32 1 i BB I s_ i ` - C ��. . . . . � 111111 �� $ 11 V. C^ 1 — 1 N J F — f"� v- --5. -..,.wa (� �� 11 IC9 rn Li IJ !_ j. O . S_ : N it �C ?.\,. S UIIIllI _ I c _ I 1 H ' U t S U II <'•\'\'. • .,■ y5. \\ ■ . . . \mil 2 n .. - f!H \\\\\\\ g ;i • U7mg, C;,, v Rio ®N —J Li: ✓ -" ._�. ` r hi • O. o \•a -' @ Ili:.kix:xlD:11! R : : � L I . '- _ 5 C �A (1� 'N\ 7-C .p re t rlAti-ch z-000 IT29 ..... . .. : _ - • • STATEMENT OF PURPOSE • The purpose of this document is to formalize a plan to launch a new restaurant/pub to be called "McAlan's Pub and Grill". The principals, Mark Alan and Vivian C. Campero have entered into a partnership to launch this endeavor. At present,the principals,who will be actively involved, will fund the project.jointly. THE BUSINESS McAlan's will be an upscale restaurant/pub serving light faire, refreshments and cocktails in a white tablecloth/piano ambiance style environment. It is anticipated that McAlan's will host its Grand Opening and be open to the public in the winter of 1999. Operating hours will he Sunday through Thursday from 11:30 a.m. to 11:00 p.m. and Friday and Saturday from 11:30 a.m. to closing, (no later than 2:a.m.) BACKGROUND OF THE BUSINESS According to our interviews, within the City of Rancho Cucamonga and adjoining East/West cities, there is a verified need for dining/cocktail services at or above Baseline Road Presently, residents of these communities must travel south to Foothill Blvd to find a restaurant with an atmosphere that is only close to those that will be available at McAlan's. Typically, restaurants is offering the facilities planned for McAlan's will attract • customers in the 25-55 year age range. Current demographics provided by Grubb&Ellis • indicate that in 1998 there were over 9000 target customers within one mile of the proposed IvlcAlan's location and over 84,000 target customers within 5 miles. Of targeted customers within one to five miles, 56% and 50%respectively, generate annual household income of$50,000+. In addition, the extension of the 30 freeway just south of McAlan's at Highland Blvd. should serve to augment customer traffic. MISSION STATEMENT To provide an atmosphere of comfort and well-being in which our customers can enjoy quality food and refreshments at a fair and equitable price. THE CONCEPT McAlan's will be an upscale restaurant/pub establishment. The entrance will be accented at either side of the door with neatly trimmed, potted"poodle bushes." The double door will be constructed of heavy cherry wood accented with brass kick plates. The interior will be furnished in red leather, cherry,wood bar/stools/tables and accented with brass fixtures. The fireplace, wall fiunishings, pictures and carpets will all be consistent with library motif. The key to the success of McAlan's will be quiet comfort in a living room environment. Entertainment will include a piano in the Happy Hours and easy listening combo's in the evenings. (No blaring music or loud bands.) The menu will consist of gourmet hamburgers, hot sandwiches, quesadillas, french fries, etc. • E)(‘11 �k� % 3lt I „0 81 O n-30 . LOCATION • McAlan's will be located at 6321 Haven Ave. in the Haven Village Shopping Center at • the northeast corner of Haven Ave. and Highland Ave. in Rancho Cucamonga, which comprises approximately 4500 square feet. Anchor tenants in the center include Top Value Supermarket, McDonald's and Unocal. According to Donnelly Marketing information in May of 1998, Haven Ave. supports daily auto traffic of 21,123 cars. Highland Ave. supports daily traffic of 2,916 cars, which is projected to grow over the next three years, as Haven Ave. is a future access to the new 30-freeway extension. OBJECTIVES AND FINANCIAL EXPECTATIONS Short term it is anticipated that McAlan's will be open for business 7 days per week. Weekly customers are estimated to be 938 at an average food/beverage ticket of$14.50. This equates to$13,618.78 a week of$710,122.10 annualized. Long term, McAlan's hopes to build a neighborhood clientele that will enjoy McAlan's as a local gathering place for friends and neighbors to get together for good food and company. COMPETITION Salsitas Mexican Restaurant CoCo's Coffee Shop Mc Donald's Noble House Chinese Restaurant MARKETLNG STRATEGY McAlan's will use traditional marketing methods (i.e., fliers, newspaper advertisements, • billboards, etc.). Given the hospitality and atmosphere that McAlan's intends to provide word of mouth will also become a highly effective marketing tool. MINIMIZING RISK FACTORS McAlan's will implement a plan of continuous education to employees regarding refusal of service of alcoholic beverages to underage and intoxicated patrons and abide by all ABC guidelines. CAPITAL Partners are personally finding this project. It is anticipated that no loans will be required. • SUMMARY McAlan's hopes to provide the community with a local establishment that provides good food, in a relaxing environment close to home. • U 31 • • February 6, 2000 To: City of Raxbo Cucamonga Re: Proposed Fzaatainment Schedule for Mc man's Pub and Grille 15: No entertainment No entertainment %st y-7p.m. to 11 p.m. Kareoke Ilnothez—6p.m.to 11 pa Piano player,guitar player singer or a trio • • Fadav;wLGh,rtkrty—7p.m_to 12:30p.m. Piano player,guitar player singer or a trio Sunday—7p.m. to l 1p.m, or earlier Piano playa,guitar player egg or trio E.xh■ bat + to " •�'C ��a�T R,tf or' • D32 a+GLAY 10~4 MG* :-mob •76 rd "rrtr- t 4 4 II ........a......n.....a...-..a........-m..an.... i Of( .: 1 gi l li et E il2 ! i 5}"i U °g is ?Jill in , Oi 3 ? II t Eezl _ • CE- – ___:c4 e . 1 4\4,,,. ii 1-7- 7, - ,.------ - . '. . C ;C(>3 F). *--ei N. ii II 14--j:............... B gliciltisOf t ../ e ' I V r: al; IVI 1 di 1. .4 °•,, $ S i i1 :: \� • - •• p f_ Vin. .. ! # 1 i 4 ''L--7-t'l .— : •W ICED- i 'Pt 0 '.'P• I 1: 4 gk lia . • • Exh; 64-''p" Si a-4 re.eeaef- . Y\of vd, gt ?ow D-33 1 • APPETIZERS MCALAN'S HOT WINGS Spicy chicken wings served with celery sticks and ranch dressing CHICKEN QUESADILLA Large flour tortilla filled with grilled chicken, Jack and cheddar cheeses served with spicy salsa and tasty guacamole CHICKEN TENDERS Breaded chicken tenders deep fried to a golden brown served with • ranch dressing and barbecue sauce BEEF TAQUITOS Served with spicy salsa and tasty guacamole ONION RINGS • Lightly battered and seasoned • CHIPS AND SALSA SALADS MCALAN'S FAMOUS COBB Mixed greens with diced turkey, ham and crisp bacon, tomato, cheese, avocado and egg CAESAR SALAD Romaine lettuce tossed with fresh caesar dressing, toasted croutons and parmesan cheese add grilled chicken GARDEN SALAD Mixed greens ell Exhibi + EIt T �\ Mai cbt $ 2,0°° D-34 • • • FROM THE GRILL Each selection comes with choice of steak fries, potato salad or onion rings and chilled dill pickle. MCALAN'S BURGER Juicy charbroiled patty, served with cheese, lettuce, tomato and onion MUSHROOM BURGER Charbroiled patty topped with sautéed mushrooms, Swiss cheese, lettuce & tomato CHILI BURGER Charbroiled patty smothered with chili, topped with cheese, lettuce, tomato & onion GREAT BACON AND AVOCADO BURGER. • McAlan's burger topped off with bacon and avocado ITALIAN BURGER • Charbroiled patty topped with pizza sauce and mozzarella cheese CHARBROILED BBQ CHICKEN Boneless chicken breast on toasted bun with lettuce, tomato, onion and tasty barbecue sauce CAJUN CHICKEN Boneless chicken breast on toasted bun with spicy Cajun seasonings,Jack cheese, lettuce & tomato CALIFORNIA CHICKEN Boneless chicken breast on toasted bun topped with avocado, Ortega chiles, lettuce, tomato & onion • E1 Rep or+ - \Mad �. � 7.000 D-35 -- SPECIALTY SANDWICHES Each selection comes with choice of steak fries, potato salad or onion rings and chilled dill pickle. BEEF DIP Thinly sliced roasted beef piled high on a French roll, topped with Swiss cheese, served with nu )us PASTRAMI SANDWICH Thinly sliced pastrami plied high on a French roll, topped with Swiss cheese, served with mustard and pickles HAM STACK Premium ham piled high on choice of bread with cheese, lettuce & tomato TURKEY MELT Generous portion white breast meat, Swiss cheese, lettuce & tomato, grilled to perfection; c:hoice of bread PATTY MELT _ Fresh ground beef patty , served with Swiss and cheddar cheeses, sauteed onions on rye bread, grilled to perfection DESSERTS NEW YORK CHEESECAKE APPLE PIE ALA MODE ICE CREAM SUNDAE D36 RESOLUTION NO. 00-27 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-03 FOR A BAR WITHIN•A RESTAURANT, LOCATED AT 6321 HAVEN AVENUE, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 210-271-69 A. Recitals. 1. Mark Alan and Vivian C. Campero have filed an application for the issuance of Conditional Use Permit No. 00-03, 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 March 2000, 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 March 8, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue, on the southeast corner Haven Avenue and Lemon Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with the Haven Village Center; and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c. The proposed use, a restaurant with a full bar and entertainment, is consistent with the Neighborhood Commercial District, and the surrounding Haven Village Center. d. The commercial center has sufficient parking spaces to accommodate the proposed use based on parking calculations from the site plan; and e. The proposed use would be compatible with the surrounding center. 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: 1137 PLANNING COMMISSION RESOLUTION NO. 00-27 CUP 00 —03 • March 8, 2000 Page 2 • a. The proposed use is in accordance 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 Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 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. ' Planning Division • 1) Approval is for a 4,500 square foot restaurant and bar. Expansion or intensification of the bar facility shall require a modification to the Conditional Use Permit. 2) Approval shall expire, unless extended by the Planning Commission, if • building permits are not issued or the approved use has not commenced within 24 months of this date. 3) Approval of this request shall not wave compliance with any sections of the Neighborhood Commercial District, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 5) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 6) Any signs proposed on the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the Haven Village Center and shall require review and approval by the City Planner prior to installation. 7) A separate Conditional Use Permit is required if there are more than • three coin operated amusement devices on the premises. 8) Private parties with or without bar service may be allowed during the • • day and must end before the regular bar opens. D-38 • PLANNING COMMISSION RESOLUTION NO. 00-27 CUP 00— 03 March 8, 2000 Page 3 • • Building and Fire Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: ,i t Al c-),_ . -rry T'. fcNiel, Chairman • r . a ATTEST: , Brad Wecrrtary I, Brad Buller, 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 March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • D-39 RESOLUTION NO. 00-2B • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 00-01, A REQUEST TO OFFER ENTERTAINMENT CONSISTING OF A SMALL ACOUSTIC TRIO AND KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR WITHIN THE HAVEN VILLAGE CENTER, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-271 -69. 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. Mark Alan and Vivian Campero have filed an application for the issuance of Entertainment Permit No. 00-01, 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 March 2000, 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 March 8, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with Haven Village Center; and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c, The proposed activity addresses local demand for the proposed entertainment activities that are safe, convenient, and accessible. • D-40 PLANNING COMMISSION RESOLUTION NO. 00-26 • EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 • Page 2 d. The proposed activity is consistent with General Plan objectives to provide a broad • range of and uses and business opportunities. e. The proposed use consists of full bar service, restaurant, and entertainment. f. The proposed uses are consistent with the Neighborhood Commercial District. g. The commercial center has sufficient parking spaces to accommodate the proposed uses based on the parking count records. 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 td'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 surrounding residences; and f. That the applicant has not made. any false, misleading, or fraudulent statement of material fact in the required application. 4. This Commission hereby finds and determines that the project identified in this Resolution 1. is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application. Planning Division • 1) This approval is only for the following entertainment uses: dancing; a small acoustic trio; and one night of Karaoke. Any change of intensity or type of entertainment shall require a modification to this permit. • • 041 • PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 • Page 3 • 2) The days and hours of operation for the entertainment shall be limited to Wednesday and Sunday between 7 p.m. until 11 p.m., Friday and Saturday from 7 p.m. until 12:30 a.m., and Thursday from 6 p.m. until 11 p.m. Any expansion of days and/or hours shall require modification • to this permit. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal • Code, Section 17.04.090, shall be permitted. 4) Entertainment shall be conducted inside the building. 5) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 6) . 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. • 7) Access to the lounge/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." Si 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. 9) 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. 10) This permit shall be renewed annually by the applicant per Municipal • Code Section 5.12.115. • 11) The dance floor shall be less than 150 square feet, Any dance floor larger than 150 square feet shall require modification to this permit. • Fire District/Building & Safety Division 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 Division. 2) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been • complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review D42 PLANNING COMMISSION RESOLUTION NO. 00-28 • EP DO — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 • Page 4 and approval prior to the issuance of building permits. The building • • shall be inspected for compliance prior to occupancy. 3) Submit complete plans for review of Assembly Occupancy. 4) Any modifications to the approved plans after occupancy of the building may require additional review and or permits from the Fire District and •the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: AE),Le / arry To cNiel, Chairman • ATTEST: _?Pr, • Bra. , Secret ry I, Brad Buller, 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 March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE . ABSENT: COMMISSIONERS: NONE • D-43 • • r twe t3 6, T H E C I T Y O F R A N C H O C U C A M O N G A Staff Report DATE June 28, 2000 TO: Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Emily Wimer, Assistant Planner SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT- 00-03 MCALAN'S PUB AND GRILLE —A request to modify a previously approved restaurant and bar to permit serving of alcoholic beverages in the outdoor patio area in the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue (formerly Willie & Pies Pizza) — il • APN: 201-271-69. BACKGROUND: This item was continued at the request of the Planning Commission from the June 14, 2000, Planning Commission meeting. The Planning Commission requested the continuance in order to allow time for the landlord and tenants to resolve issues presented in the letter (dated June 14, 2000) from tenant Mike Tole. The applicant has indicated on June 21 that discussions are still ongoing with Mr. Tole and the landlord. Staff will provide an oral update at the meeting. RECOMMENDATION: Staff recommends approval of the modification to Conditional Use Permit through adoption of the attached Resolution. Re •ectfully •ubmitte. / %r I -• • eman Acting City Planner EW:DC:gs • Attachments: Exhibit "A" - Staff Report dated June 14, 2000 Exhibit "B" - Letters Resolution of Approval for Modification to Conditional Use Permit 00-03 *HIBIT G PL /z3 !( ° D-44 • ak • • 04;a a t h e c i t y o f Rancho Cucamonga • Staff Report • DATE: June 14, 2000 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Emily Wimer, Assistant Planner SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT- 00-03 MCALAN'S PUB AND GRILLE - A request to modify a previously approved restaurant and bar to permit • serving of alcoholic beverages in the outdoor patio area in the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue (formerly Willie & Pies Pizza) - APN - 201-271-69. • BACKGROUND: The applicant requested a modification to the Conditional Use Permit previously approved on March 22, 2000. The proposed modification will allow seating and serving of alcohol in the patio area which currently exists at the location. The former "Willie and Pies" restaurant used this area for outdoor seating. • PROJECT AND SITE DESCRIPTION: • A. Site Characteristics and Surrounding Land Use: Site characteristics and surrounding land uses are the same as the previously approved Conditional Use Permit. The surrounding land uses are compatible with the approved pub and grille. The site characteristics will stay the same as the approved restaurant except the addition to serving alcohol in the enclosed patio area. B. Parking: The expanded use of the patio area is identical to the former "Willie and Pies" outdoor seating area. Parking for the pub and grille will not exceed the spaces used by the previous tenant. Haven Village Center has a total of 485 parking spaces. ANALYSIS: A. Proposed Uses: The applicants, Mr. Alan and Ms. Campero, propose to modify the original Conditional Use Permit which approved the pub and grille on March 22, 2000. The proposed • • _ pc 5 Qz^-� QC yo' ar f • [-- Ju-C 28) 2-300 D-45 • • • ' PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 00—03 June 14, 2000 Page 2 modification will allow serving alcohol and food within the patio area. The wrought iron patio enclosure, which currently exists, is a total of 377 square feet. Currently a gate is located at the front of the patio. The applicant proposes to close the entrance and extendthe wrought • iron fencing. There will be no access from the parking area. B. Compatibility of Use: The pub and grille is located on the northwest corner of Haven Village Center. The use is not expected to disturb existing residences or any of the surrounding businesses as discussed in the previous analysis. • Conclusion: Based on the above analysis, staff believes that the proposed modification is compatible with the surrounding uses and complies with the objectives of the Neighborhood Commercial Center. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site and all the tenants within the Haven Village Center. RECOMMENDATION: Staff recommends approval of the modification to Conditional Use Permit through adoption of the attached Resolution. Respectfully submitted, �i Brad Buller • City Planner BB:EWUs Attachments: Exhibit "A" - Site Plan Exhibit"B" - Floor Plan • Resolution of Approval for Modification to CUP 00-03 • • • • • • • • • D-46 I . ;. .... 6•1118•444 p. 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" t /`1 If t J 11 1 : Iti C• 6•• E� . ! thi J1= ia ;dz . t, t:a • • v OE' i1 •i tal • L -i ! Q: P O l' • if f lit, arata ,_ ; El , r. . F �{ .E W11it � 1ta-1 r ' ` * !!l t lIl 1 , 1 11110 II iii TIE littlt 11 111 1 Exit e „5 ' 6/y/� `_ ; 11111111 r 411611 t 0 D49 • 1 • June 14, 2000 • • • City of Rancho Cucamonga Planning Commission 10500 Civic Center Drive • Rancho Cucamonga,CA 91737 Attention: Brad Buller,City Planner Emily Wiener,Assistant Planner • Re: Public Hearing, June 14,2000 • Modification to Conditional Use Permit- 00-03- McAlan's Pub and Grille With regard to the requested modification to the Conditional Use Permit#00-03, McAlan's Pub and Grille, Tolc House Café asks that the request be denied based on the • • following reasons. • It is being proposed that the outdoor patio area defined in the modification request,currently 377 square feet enclosed by a wrought iron fence with gate, be modified • to close off access to the parking area. There is much concern and controversy regarding the existing wrought iron enclosure. The,enclosure was built and installed originally without any permits. The fence is located in what is referred to as 'common area' in the lease between the landlord and the Tole House Café. Tole House Café has requested to the landlord thnt the fence be removed,as its location is in violation of the'common area'rules as well as health codes with regard to the Tole House Cafe,and handicap fire and safety access for patrons to the Tole House Café(as well as other businesses east of the cafe). The fence is butted up directly to two steps blocking any and all ramp access to the rear of the buildings (see exhibit A). San Bernardino County Department of Health requires that any deliveries of product pass through an'air fan'to prevent flies from entering the facility. The air fan is loud and can be distracting to patrons,and is traditionally located above the rear doorway. The approved city and health department plans for Tole House Café show the delivery door with 'air fan'at the rear of the building. With the fence in its current location,the back door is inaccessible because there are steps,and no ramp access. • It is also of great safety concern, because in the event of a fire or other emergency, if handicap occupants must exit to the rear of the building,that are steps and no ramp • access for them to reach safety in the front and parking areas. It is imperative that the existing wrought iron fence be removed,or restructured to allow walkway access as defined by the American Disabilities Act and/or any other legal requirements for ramp or walkway access. The modification to the proposed use, the serving of alcoholic beverages in the outdoor patio area, is not consistent with the surrounding Haven Village Center,nor is it compatible. The Haven Village Center is comprised of small businesses and shops,as well as • ge Zoe . D-50 1 p . I• • • Anchor Tenants such as McDonalds and Top Valu Market, all geared to appeal to and meet the needs of families. There is a local veterinarian hospital,a family hair salon,a dental office, and several other small businesses that market primarily to families with children. . Tole House Café is a small restaurant with a strong "family' customer base,especially on Sundays, drawing large crowds from the local churches. Serving alcohol in the outdoor patio will expose the local patrons of the center to an unappealing, non-family environment, which could be detrimental to the future revenue of the current businesses. Serving alcohol • outside in the'patio' area,may have a drastic effect on the patrons of the Tole House Café,as it also utilizes the patio area as defined in its lease as common area. . The McAlan's Pub and Grille is located on the southeast corner of Haven Avenue and Lemon Avenue,directly caddy-corner to H.U.D. Apartments. These apartments fundamentally draw low-income occupants. IT is a well-known stigma among local businesses • that these occupants,and visitors to these occupants,are not always the most upstanding citizens,and local crime is often attributed directly to those apartments. Allowing alcohol to be served outside can very easily draw these types of people to loiter in the surrounding areas of the.patio. This would directly affect Tole House Cafe,as it is located directly • next door to the east and shares the`patio`as common area as defined in its lease. • In conclusion,Tole House Café asks theCity of Rancho Cucamonga Planning Commission to deny the request to modify the conditional use permit 00-03- McAlan's Pub • and Grille. Serving alcohol in the patio area will cause adverse effects upon adjacent i • businesses. It provides obvious health and safety problems for surrounding businesses,as . well as potential deterioration to the current patronization of surrounding businesses, primarily Tole House Cafe. Tole House Cafe also asks the City of Rancho Cucamonga Planning Commission to further enforce the elimination of the existing wrought iron fence, as was requested to landlord,for obvious health and safety reasons. Respet ful Michael and Jennifer T./es., • Tole House Cafe ass- 3367 (vc ottt\ -995 t L•vr-a- . 4045 _..... • D-51 • • • • RESOLUTION NO. 00-63 • • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 00-03 TO SERVE ALCHOLIC • BEVERAGES IN THE OUTDOOR PATIO AREA, LOCATED AT 6321 HAVEN AVENUE, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND • MAKING FINDINGS IN SUPPORT THEREOF—APN: 201-271-69 A. Recitals. 1. Mark Alan and Vivian C. Campero filed an application for the issuance of Modification to • Conditional Use Permit No. 00-03, 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 14th day of June 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. •The Planning Commission continued the application at the applicant's request in order to allow the landlord and applicant time to resolve issues raised by the neighboring tenant. All parities have indicated to staff that the issues have been resolved. • • 3. On June 26, 2000, the Planning Commission•of the City of Rancho Cucamonga concluded a duly noticed public hearing on the application. • 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 June 14, and June 28, 2000, including written and oral staff reports, • together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue,on the southeast • comer Haven Avenue and Lemon Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with the Haven Village Center, and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c. The modification to the proposed use, the serving of alcoholic beverages in the outdoor patio area, is consistent with the Neighborhood Commercial District, and the surrounding Haven Village Center and; • d. The proposed use would be compatible with the surrounding center. • • D-52 • PLANNING COMMISSION RESOLUTION NO. 00-63 • CUP 00—03 June 28, 2000 • • Page 2 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 accordance 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 Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. • 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. Planning Division • 1) Approval is for the serving of alcoholic beverages in the outddor patio ' • • area of the recently approved McAlan's Pub and Grille. Expansion or intensification of the patio area shall require a modification to the Conditional Use Permit. 2) When entertainment is being conducted, doors to the patio shall remain closed for noise attenuation purposes. No entertainment shall be conducted outdoors. 3) Approval shall expire, unless extended by the Planning Commission, if • building permits are not issued or the approved use has not commenced within 24 months of this date. 4) Approval of this request shall not wave compliance with any sections of the Neighborhood Commercial District, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. • 5) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible • termination of the use. 6) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. • • • • D-53 PLANNING COMMISSION SOLUTION NO. 00-63 CUP 00 — 03 . June 2B, 2000 • Page 3 • 7) Any signs proposed on the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the Haven Village Center and shall require review and approval by the City Planner prior to installation. 8) Private parties with or without bar service may be allowed during the day and must end before the regular bar opens. Buildino and Fire Safety Division • 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. • 2) The modification to the approved plans after occupancy of the building will require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA / • �l • BY: as.ce / C Larry T. Niel, Chairman • ATTEST: / l /V��{�4i/� • D oleman • Acting Secretary I, Dan Coleman,Acting 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 28th day of June 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS • • • D-54 • RESOLUTION NO. 10-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2010-00189, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS DANCING, BANDS, AND KARAOKE IN CONJUNCTION WITH A 4,368 SQUARE FOOT FULL SERVICE RESTAURANT AND BAR LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE -APN 0201-272-06; 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. Charles Joseph Associates, on behalf of the owner Stacey Wendler, filed an application for the issuance of Entertainment Permit No. DRC2010-00189, 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 23rd day of June, 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 June 23, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the • property to the east is an existing condominium complex in the Medium High Residential zoning district, and the property to the west is an existing shopping center in the Neighborhood Commercial District; and D.55 PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00188 • June 23, 2010 Page 2 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 require onsite security during the hours of entertainment and 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 security provisions are in place to regulate the conduct of patrons 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 development 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 development; and f. That the applicant has not made any false, misleading, or fraudulent statement of • material fact in the required application. 0-56 PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 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 under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any new construction, only the modification of the hours of operations and interior floor plan for an existing restaurant. 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 Stacey Wendler, owner, for an Entertainment Permit which includes live entertainment such as dancing, bands, and karaoke in conjunction with a 4,368 square foot full service restaurant and bar located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue -APN 0201-272-06. • • 2) This approval is only for karaoke, dancing, and up to a 4-member • band with limited amplification. 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 Thursdays between the hours of 8:00 p.m. and 12:30 a.m., and Fridays and Saturdays between the hours of 8:00 p.m. and 1:30 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) At no time shall there be more than two (2) days of bands each week during the hours and days defined in Condition #3. 5) The days and hours of entertainment shall be permitted to extend to 1:30 a.m.for the following holidays: New Year's Eve, Labor Day, • Memorial Day, and Saint Patrick's Day. 6) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the property be sold or ownership transferred, a new Entertainment Permit must be reviewed and issued by the Planning Commission to the new owner. • 7) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. D-57 PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 4 • 8) 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. 9) Entertainment shall be conducted inside the building. 10) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 11) 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. 12) 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." • 13) 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. • 14) 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. 15) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security Issues: 16) 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 from 8:00 p.m. until the parking lot is cleared after the conclusion of any entertainment. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside 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. 17) 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. D-58 PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 5 • 18) 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. 19) 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. 20) 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. 21) 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. 22) Contract security services shall be familiar with 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 file relating to the security • manual. D-59 • PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 6 • 23) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 24) Install a closed circuit television system capable of readily . identifying facial features, and stature of all patrons entering the establishment during hours of a nightclub type operation. Cameras 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 & 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • \_ BY: Richard B. Fletcher, Chairman ATTEST: i 12- James 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 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL • D-60 k'" ,% • COMMUNITY DEVELOPMENT t 14,7, DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2010-00189 SUBJECT: ENTERTAINMENT PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES, on the behalf of the owner, STACEY WENDLER LOCATION: 6321 HAVEN AVENUE - APN 0201-272-06 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 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, and the Development Code regulations. 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\DRC2010-00189 Stnd Cond 6-23 .doc D-61 • Project No.DRC2D10-D0188 •- 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. C. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/ debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an / / exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening, closing, or / /_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. • 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00189 Stnd Cond 6-23 .doc D-62 • RESOLUTION NO. 10-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. DRC2010-00188, A REQUEST TO MODIFY CONDITIONAL USE PERMIT CUP00-03 INCLUDING MODIFICATIONS TO THE FLOOR PLAN AND HOURS OF OPERATION FOR AN EXISTING 4,368 SQUARE FOOT FULL SERVICE RESTAURANT AND BAR INCLUDING A 377 SQUARE FOOT OUTDOOR PATIO LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE- APN 0201-272-06; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. Charles Joseph Associates, on behalf of the owner Stacey Wendler,filed an application for the issuance of Conditional Use Permit No. DRC2010-00188, 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 23rd day of June, 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 June 23, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the property to the east is an existing condominium complex in the Medium High Residential zoning district, and the property to the west is an existing shopping center in the Neighborhood Commercial • District; and c. The subject site has a General Plan land use designation of Neighborhood D-63 PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page 2 • • Commercial. The proposed use is in accordance with General Plan Police LU-1.3 which encourages commercial centers to provide a broad range of retail and service needs for the community. With the modifications to the floor plan of the restaurant including the applicable conditions, the restaurant can expand its services and attract a wider range of residents to the shopping center; and 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 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 Section15301-Existing Facilities because the project does not result in any new construction, only the modification of the hours of operations and interior floor plan for an existing restaurant. 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 ry 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 modification of Conditional Use • Permit CUP00-03 including modifications to the floor plan and hours of D-64 PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page 3 , • operation for an existing 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue —APN 0201-272-06. 2) The days and hours of operation shall be limited to Sunday through Wednesday between 9:00 a.m. to 12:00 a.m., Thursday between 9:00 a.m. to 1:00 a.m., and Friday and Saturday between 9:00 a.m. to 2:00 a.m. 3) The days and hours of operation shall be permitted to extend to ' 2:00 a.m. for the following holidays: New Year's Eve, Labor Day, Memorial Day, and Saint Patrick's Day. 4) The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition #2. 5) 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. 6) Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 7) No modifications to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 8) 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: 9) Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages, and has entertainment as defined by Section 5.12 of the Municipal Code. (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. D-65 PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page 4 • The business will provide the ID Scanner records to law enforcement upon request. 10) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons over 21 years of age shall have a unique mark or symbol applied to the backside their hand that readily identifies them as a person who can be served an alcoholic drink. 11) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 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 and contract security personnel 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. • D-66 PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page.5 • Security Issues: 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 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) 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. 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 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 establishment's written • security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement D-67 PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page 6 shall be kept in 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. 27) Install a closed circuit television system capable of readily identifying facial features, and stature of all patrons entering the establishment during hours of a nightclub type operation. Cameras are to be recorded and a library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: J7 - !� �/g;1�/cP� • Jamey 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 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE • ABSENT: COMMISSIONERS: HOWDYSHELL • D-68 Jaya COMMUNITY DEVELOPMENT wV S DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2010-00188 SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES, on the behalf of the owner, STACEY WENDLER LOCATION: 6321 HAVEN AVENUE -APN 0201-272-06 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ItGeneral 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 attorneys 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 B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use / /_ has not commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 1 I:\PLANNINGIFINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00188Stnd Conds 6-23.doc 1169 • Project No.DRC2010-00188 Completion Date 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. 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. • D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2.. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / /_ debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level -All commercial activities shall not create any noise that would exceed an _/ /_ • exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening, closing,or / /_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00188Stnd Conds 6-23.doc D-70 • RESOLUTION NO. 11-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2010-00188M,A REQUEST TO MODIFY CONDITIONAL USE PERMIT DRC2010-00188 TO MODIFY THE HOURS OF OPERATION FOR AN EXISTING 4,368 SQUARE FOOT FULL SERVICE RESTAURANT AND BAR INCLUDING A 377 SQUARE FOOT OUTDOOR PATIO LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0201-272-06. A. Recitals. 1. Charles Joseph Associates on behalf of McAlan's Pub and Grill filed an application for the issuance of Conditional Use Permit No. DRC2010-00188M, 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 25th day of May 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to the June 22, 2011 meeting date. • 3. On the 22nd day of June 2011, the Planning Commission and concluded the public 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 May 25, 2011, and June 22, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the • property to the east is an existing condominium complex in the Medium High Residential zoning district, and the property to the west is an existing shopping center in the Neighborhood Commercial District; and 0-71 PLANNING COMMISSION RESOLUTION NO. 11-32 DRC2011-00188M June 22, 2011 Page 2 • c. The subject site has a General Plan land use designation of Neighborhood Commercial. The proposed use is in accordance with General Plan Policy which encourages commercial centers to provide a broad range of retail and service needs for the community. With the modifications of the hours of operation of the restaurant including the applicable conditions,the restaurant can expand its services and attract a wider range of residents to the shopping center; and 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 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 new construction, only the modification of the hours of operation and interior floor plan for an existing restaurant. 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 and the Security Plan attached hereto and incorporated herein by this reference. • • D-72 PLANNING COMMISSION RESOLUTION NO. 11-32 DRC2011-00188M June 22, 2011 Page 3 • Planning Department 1) Approval is hereby granted for the modification of Conditional Use Permit DRC2010-00188M including modifications to the hours of operation for an existing 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the 201 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue -APN: 0201-272-06. 2) The days and hours of operation shall be limited to 9:00 a.m. to 2:00a.m, seven days a week. 3) •The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition#2. 4) 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. 5) No modification to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning . Commission. Alcohol Service 6) Applicant must use an identity card scanner(ID Scanner) anytime the premises is selling alcoholic beverages, and has entertainment as defined by Section 5.12 of the Municipal Code. (Definition of ID Scanner: An ID Scanner automates and documents the age of • 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. 7) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons over 21 years of age shall have a unique mark or symbol applied to the backside their hand that readily identifies them as a person who can be served an alcoholic drink. 8) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. • 9) 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. • D-73 PLANNING COMMISSION RESOLUTION NO. 11-32 DRC2011-00188M June 22, 2011 Page 4 • 10) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 11) 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. 12) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 13) Employees and contract security personnel shall not consume any alcoholic beverages during the work shift. 14) 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 representatives 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. • 15) 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. 16) 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 issues 17) 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. 18) 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. 19) 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 D-74 PLANNING COMMISSION RESOLUTION NO. 11-32 DRC2011-00188M June 22, 2011 • Page 5 immediately adjacent area that is owned, leased, or rented by 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. 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. person; 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 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 file relating the security manual. • 22) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 23) Maintain a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of type operation. Cameras are to be recorded and a library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: • James R. Troyer, AICP, Secretary D-75 PLANNING COMMISSION RESOLUTION NO. 11-32 DRC2011-00188M • June 22, 2011 Page 6 • 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 22nd day of June 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • • D-76 • McAlans Pub & Grill Received By: Rancho Cucamonga Planning Department 6/1/11 SECURITY Job Description: To maintain a safe, secure, and friendly environment for the guests as well as the staff. Job Duties: 1. Greeting the guest • A simple friendly warm greeting "Hello how is your night going?" May I see your ID? Also thank the guest because without them we would not have a job! • Be nice and courteous being rude is not acceptable. • If a guest appears to be intoxicated turn them away or get a manager for approval. 2. Checking ID'S: • Every person who enters the building must be 21 and must show valid proof of age. • Swipe every ID with electronic ID checker if available. • Pat down or wand every guest with metal detector check all guests for weapons. Acceptable forms of Identification: (Assuming the person is the same as on the ID) • Level 1 - Obvious 21 Level 2 - Suspicious may need manager approval • California Drivers License (Level 1) • California Identification Card (Level 1) • Out of state drivers license (level 1) • Out of state Identification Card (Level 2) • Military ID (Level 2) • Passport (Level 2) We DO NOT accept: • Check cashing cards • School ID'S • Expired ID'S Anything out of the ordinary should go through a manager: • Birth Certificates with a picture Id. • Temporary ID • International ID'S If you at any time purposely let in a minor or take cash to get a person in or to the front of the line you will be TERMINATED on the spot. • Page l of 4 D-77 McAlans Pub & Grill • Received By: Rancho Cucamonga Planning Department 6/1/11 BE AWARE people are going to try to pass bogus or someone else's ID to get in, if you • are not comfortable with the ID don't argue with the person just explain to them you need a 2nd opinion and call a manager. 3. Dress Code: • Dress code is a tool we use to weed out the undesirables and keep the problem people out. NO Entry with any of the following: Over sized baggy clothing Workout attire - Gang or Prison Tattoo's Du rags Shirts without sleeves Gang affiliated attire Tank Tops 4. Maintaining Occupancy Count: Max capacity for this location is 204 • Doorman is responsible for keeping an occupancy count using 2 tally counters 1-in t- out. • At no time do we exceed max capacity. A supervisor should be notified 25 people prior to reaching max capacity or if there is a discrepancy in the count. • A manager needs to be notified ASAP when police or Fire Dept. arrive, assist in • anyway possible. 5. Maintaining Your Station: • Stations are rotated every 1/2 hour. • Keep visual or radio contact with other door hosts • Look for Hot Areas Hot Areas: Cover charge Overcrowded Areas Spills or broken glass Dance Floor Bathrooms Big parties Dance Podiums Parking lot 6. Problem with Guests: • Page 2 of 4 0.78 • McAlans Pub & Grill Received By: Rancho Cucamonga Planning Department 6/1/11 • . • Any patron who does any of the following shall be removed from the premise • 1 fights or challenges another person to fight. • 2 maliciously and willfully disturbs another person by loud or unreasoned noise • 3 uses offensive words which are inherently likely to provoke an immediate violent reaction Serious Issues: Fighting both parties leave (not at the same time) Drugs using or selling Vandalism Throwing up Theft Fraud Under 21 fake ID Sneaking in Alcohol Smoking 7. Closing Time: • Last call is 1:30, lights on music off at 1:40, politely ask guests to leave the building • Work to close out sections of the club starting with the back room, dance floor etc. • 2-4 inside, 2 at the front door, 1 at side door and 2-4 outside. • No alcohol is to leave the building • • Give time for guests to finish their drinks • Don't yell or swear at guests to get them to leave • Goal is to have everyone out of the building by 2am. 8. Closing Time in the Parking Lot: • Politely ask guest to leave DO NOT get into an argument over them not leaving quickly. • Parking lot must be cleaned 100% of trash, bottles, vomit, or urine. • If altercation breaks out in the parking lot between guests DO NOT jump in to break it up until help arrives. • Get license plate of cars that are involved in altercations or accidents, always fill out an incident report first thing. • Goal is to have all guests out of the parking lot by 2:15am. 9. Other Duties: • Maintain clean restrooms • Empty trash cans when full • Picking up empty bottles, glasses & trash • Cleaning up the parking lot • Brining in patio furniture and signage • 11. 3 Cardinal Rules of Security: Page 3 of 4 D-79 McAlans Pub & Grill Received By: Rancho Cucamonga Planning Department 6/1/11 • Do Not ever hit or strike a patron • Do Not ever exceed the occupancy load • • Do Not ever let a minor inside the facility 12. Security Attire: • Security personnel are 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. 13. Incident Log: • An incident log shall be maintained on premise on a continual basis with at least one year of entries and be readily available for inspection by police department. • 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. • Security Affidavit • have read the rules and understand all the policies regarding security at McAlan's Pub & Grill. I understand that I may be held personally liable for any damages that are a result of my negligence of the policies set forth. X Employee Date • Page 4 of 4 D-80 • ta. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00188M SUBJECT: MODIFICATION OF NON-CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES FOR MCALANS PUB & GRILL LOCATION: 6321 HAVEN AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • 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 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, and the Development Code regulations. • Shopping Centers 1. Graffiti shall be removed within 72 hours. / / SC-12-08 1 1:1PLANNINGIFINALIPLNGCOMM12011 Res & Stf Rpt1DRC2010-00188MStnd Conds 5-25.doc D-81 • Project No.DRC2010-D0188M Completion Date 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/ /_ debris remain for more than 24 hours. 3. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." _/_/_ • 4. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an /_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading, opening, closing, or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. • • • 2 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00188MStnd Conds 5-25.doc D-82 7 SIGN-IN SHEET PLANNING COMMISSION MEETING June 22, 2011 NAME COMPANY ADDRESS C� k Ital v lci ;n -16sc /S O W G FIN)PI AtS (ilk - 11(et, Foo-pukk, MtJc10 coa&ooy,t �-gr,e C21111 Most