HomeMy WebLinkAbout15-40 - Resolutions RESOLUTION NO. 15-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT DRC2015-00278, A REQUEST TO PROVIDE LIVE
ENTERTAINMENT COMPRISED OF KARAOKE, LIVE BANDS, DANCING,
A DJ AND STAND-UP COMEDY WITHIN AN EXISTING RESTAURANT OF
ABOUT 5,300 SQUARE FEET IN THE INDUSTRIAL PARK(IP) DISTRICT,
WITHIN THE INDUSTRIAL COMMERCIAL OVERLAY DISTRICT (ICOD),
LOCATED AT 11849 FOOTHILL BOULEVARD, UNIT A; AND MAKING
FINDINGS IN SUPPORT THEREOF—APN: 0229-012-22.
A. Recitals.
1. Leon Fregoso, on behalf of 909 Sports Lounge, filed an application for the issuance of
Entertainment Permit DRC2015-00278 as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Entertainment Permit request is referred to as "the application."
2. On the 27th day of May, the Planning Commission of the City of Rancho Cucamonga
conducted a 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 May 27, 2015 including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a tenant space located within Masi Plaza, a commercial
complex of about 1,030,000 square feet(23.6 acres)that is about 1,250 feet(east to west) by about
915 feet (north to south) located at the southwest corner of Foothill Boulevard and Rochester
Avenue; and
b. The complex is divided by two minor streets, Masi Drive and Sebastian Way, into
two (2) parts. The larger, 15-acre part is generally rectangular in shape and is bound by Foothill
Boulevard to the north and Rochester Avenue to the east, with the minor streets on the west and
south, respectively; and
C. The complex is comprised of numerous buildings with a combined floor area of
about 267,500 square feet. The specific location of the project site is one of the in-line tenant
spaces at 11849 Foothill Boulevard, Unit A, in the largest building that is situated in the center of the
complex; and
PLANNING COMMISSION RESOLUTION NO. 15-40
ENTERTAINMENT PERMIT DRC2015-00278—LEON FREGOSO FOR 909 SPORTS LOUNGE
May 27, 2015
Page 2
d. To the north of the subject commercial/office complex is a commercial center. To
the east is a legally, non-conforming residence and a commercial/office complex. To the south is
the Epicenter and Adult Sports Complex operated by the City of Rancho Cucamonga. To the west
there is a vacant property, an industrial building, and a restaurant; and
e. The commercial/office complex is zoned Industrial Park (IP) District, Industrial
Commercial Overlay District (ICOD). The properties to the west are zoned Industrial Park (IP)
District while the properties to the south are zoned General Industrial (GI) District. The properties to
the east are zoned Industrial Park (IP) District and General Commercial (GC) District; and
f. The subject location has been the site of two previous restaurants with bars. The
first, Bellissimo Pizza and Pasta,was granted the approval to operate under Conditional Use Permit
DRC2002-00785 on October 22, 2002. Following the closing of that restaurant in 2009, the
entitlement to operate expired. The second restaurant, Tropica Restaurant and Bar was granted a
new approval to operate under Conditional Use Permit DRC2011-00673 on September 27, 2011.
The business license for Tropica Restaurant and Bar expired on November 27, 2012 and the tenant
space was verified as vacant during an inspection by the Business License Department on April 18,
2013. In August of 2013, 909 Pub and Grill opened for business operating as a restaurant with a bar
under Conditional Use Permit DRC2011-00673. Per Section 17.14.090 (D) of the Development
Code, all permits and entitlements expire when a business is closed for more than one calendar
year. 909 Sports Lounge business license to operate the restaurant with the bar was approved
within this one-year timeframe in August 2013 following receipt of confirmation that 909 Sports
Lounge would comply with the conditions of approval for the existing Conditional Use Permit
DRC2011-00673 and described in Resolution No. 11-18; and
g. The applicant, on behalf of 909 Sports Lounge, proposes to provide additional live
entertainment. Currently the live entertainment consists of large screen televisions, live music,
dancing, and karaoke to complement the restaurant and bar. The televisions are mounted
throughout the dining and bar area. The live music ranges from solo musicians to five-piece bands
who perform on a stage of 108 square feet near the bar area. Dancing is in an area of about 84
square feet immediately in front of the stage—the two (2) tables located there are moved to make
room during the hours when there is entertainment. Karaoke also is performed on this stage when
there are no live music performances. The proposed live entertainment consists of a DJ and stand-
up comedy; and
h. The floor plan that was originally approved under Conditional Use Permit
DRC2011-00673 was revised to meet the current applicant's business plan but is substantially
similar. The principal dining area is located near the front of the restaurant while the bar and
associated seating/service, dance floor and stage areas are located in the middle of the restaurant.
An office, the kitchen, and restrooms comprise the remainder of the restaurant's floor area. The
floor plan of the restaurant will not be altered by the modification of additional live entertainment; and
i. The restaurant serves a full menu of items, i.e.the menu includes a variety of food
that is typical of a full-service restaurant; and
j. There are eight (8)to (10) employees per shift. This number does not include the
security guards; and
PLANNING COMMISSION RESOLUTION NO. 15-40
ENTERTAINMENT PERMIT DRC2015-00278—LEON FREGOSO FOR 909 SPORTS LOUNGE
May 27, 2015
Page 3
k. The operating hours of the restaurant and bar are currently between 11:00 a.m. and
12:00 a.m. (midnight) Monday through Thursday and between 11:00 a.m. and 1:00 a.m. Friday
through Sunday. The hours of operation that include live entertainment are currently between
8:00 p.m. and 12:00 a.m. on Thursday, between 8:00 p.m. and 1:00 a.m. Friday and Saturday, and
between 11:00 a.m. and 1:00 a.m. on Sunday.
I. The proposed hours of operation are between 10:00 a.m. and 2:00 a.m. Monday
through Sunday and the proposed hours of live entertainment are between 11:00 a.m. and 2:00 a.m.
on Sundays and 8:00 p.m. and 2:00 a.m. Thursday through Saturday; and
m. There are two (2) licensed security guards on the premises when live music is
performed. One of these security guards is posted outside of the restaurant to monitor activity in the
parking lot and general vicinity. The applicant received approval of a security plan that describes
the procedures for the use of force, incident report writing, firearms/weapons, and the uniforms for
security staff, door policy, and security rules. The San Bernardino County Sheriffs Department
reviewed this plan and the security plan was approved under Entertainment Permit DRC2013-
00563; and
n. The San Bernardino County Sheriffs Department has reviewed the application and
does not object to the expansion of live entertainment. The San Bernardino County Sheriffs
Department informed staff that since Deputies conducted their site visit in March of 2014, 909
Sports Lounge has had calls for service but the amount of calls has not been excessive and the
calls were minor in nature. The San Bernardino County Sheriff s Department has no new conditions
of approval and the conditions of approval described within Conditional Use Permit DRC2011-00673
(Resolution 11-18)and Entertainment Permit DRC2013-00563(Resolution 13-53)still apply and are
listed in both draft resolutions; and
o. The applicant has indicated that all managers, bartenders, and servers will
complete the Licensee Education on Alcohol and Drugs (LEAD) Program offered by the California
Department of Alcohol Beverage Control within 30 days of being hired.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The conduct of the establishment and the granting of the application is consistent to
the public health, safety, morals or welfare. The applicant provided a Security Plan with the original
entitlement and conditions were imposed to ensure the proper service of alcohol and that the building
complies with all applicable Fire and Building Codes; and
b. The premises or establishment is likely to be operated in a legal, proper or orderly
manner. The applicant submitted a Business Plan with the originally approved applications (EP
DRC2013-00563 and CUP DRC2011-00673)that included a Security Plan,which was reviewed and
accepted by the San Bernardino County Sherriffs Department.The San Bernardino County Sherriffs
Department has observed the business and has found the business to be operating in a good
manner and in conformance with the approved security plan; and
PLANNING COMMISSION RESOLUTION NO. 15-40
ENTERTAINMENT PERMIT DRC2015-00278—LEON FREGOSO FOR 909 SPORTS LOUNGE
May 27, 2015
Page 4
C. Granting the application would not create a public nuisance. The San Bernardino
County Sheriffs Department has informed staff that in the last year there have been few calls for
service to this location and the calls were minor in nature. The San Bernardino County Sherriffs
Department does not object to this permit; and
d. That the normal operation of the premises would not interfere with the peace and
quiet of any surrounding residential neighborhood since the location is surrounded by similar
commercial uses, there are no sensitive uses in the immediate area and the conditions of approval
will ensure that the business is operated in a manner that will not adversely impact the public safety
or welfare; and
e. The applicant has not made any false, misleading, or fraudulent statement of
material fact in the required application. Staff has reviewed the submitted documents and found them
to be accurate.
4. The Planning Department Staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines
Section 15301 - Existing Facilities - which covers the permitting of existing structures that involve
negligible or no expansion of use beyond that existing at the time of the lead agency's original
determination. The project is to extend the hours of operation; no expansion or significant change to
the existing tenant space is proposed. Staff finds that there is no substantial evidence that the project
will have a significant effect on the environment. The Planning Commission has reviewed the
Planning Department's determination of exemption, and based on its own independent judgment,
concurs in the staffs determination of exemption.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3,and 4 above,this
Commission hereby approves the application, subject to each and every condition set forth below
and in the standard conditions attached hereto and incorporated herein by this reference:
Planning Department
1) Approval is for live entertainment comprised of karaoke, live bands,
dancing, a DJ and stand-up comedy within an existing restaurant of
about 5,300 square feet in the Industrial Park (IP) District, Industrial
Commercial Overlay District (ICOD), located at 11849 Foothill
Boulevard, Unit A; APN: 0229-012-22.
2) The site and interior of the building shall be consistent with the plans
received by the City on March 12, 2015 and as shown in the Floor Plan
as Exhibit D in the Staff Report for DRC2013-00563, dated November
13, 2013, and as attached to Resolution 13-53 as Attachment A, and
hereby referenced in the Conditions of Approval. Any revisions shall be
subject to the review and approval of the Planning Director and/or
Planning Commission.
3) Any modification or intensification of the use such as a revision to the
days and hours of entertainment, any improvements such as expansion
PLANNING COMMISSION RESOLUTION NO. 15-40
ENTERTAINMENT PERMIT DRC2015-00278—LEON FREGOSO FOR 909 SPORTS LOUNGE
May 27, 2015
Page 5
of the stage and/or dance floor, and/or other modifications/intensification
beyond what is specifically approved by this Entertainment Permit shall
require the review and approval by the Planning Director and/or
Planning Commission prior to submittal of documents for plan
check/occupancy, construction, commencement of the activity, and/or
issuance of a Business License.
4) Entertainment shall be limited to karaoke, live bands, dancing,a DJ and
stand-up comedy. Any revisions shall be subject to the review and
approval of the Planning Director and/or Planning Commission.
5) Adult entertainment, as defined in Section 17.128.020 of the
Development Code, is not permitted.
6) All entertainment activity shall be conducted inside the building.
7) While entertainment is being conducted all doors and windows shall
remain closed for noise attenuation purposes.
8) The business operations shall be in compliance with the performance
standards that are described in Section 17.66 of the Development
Code, including noise limits which are described in Section
17.66.050(G).
9) The business operations shall be in compliance with the regulations and
requirements of the California Department of Alcoholic Beverage
Control that apply to Type 47 Liquor Licenses.
10) Access to the lounge/entertainment area must be from the main
entrance to the restaurant and not from a separate exterior entrance.
Other exits shall be used for emergency purposes only.
11) If operation of this Entertainment Permit causes adverse effects upon
adjacent residences, businesses,or operations including, but not limited
to noise, loitering, parking, or disturbances, the Entertainment Permit
shall be brought before the Planning Commission for consideration and
possible suspension or revocation of the permit.
12) Approval of this request shall not waive compliance with any sections of
the Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
13) The applicant shall submit an annual renewal statement and fee,due on
or before January 1 of each and every year per Section 17.20.20(G) of
the Development Code.
14) All conditions of approval for Entertainment Permit DRC2013-00673
shall apply.
PLANNING COMMISSION RESOLUTION NO. 15-40
ENTERTAINMENT PERMIT DRC2015-00278-LEON FREGOSO FOR 909 SPORTS LOUNGE
May 27, 2015
Page 6
15) All signs shall comply with Chapter 17.74 (Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program #125.
16) Applicant must use an identity card scanner (ID Scanner) anytime the
premises is selling alcoholic beverages and has entertainment.
(Definition of ID Scanner: An ID Scanner automates and documents the
age verification process by scanning the ID through a card reader). The
ID Scanner should record and timestamp the name, identification
number, and date of birth on the identity card provided by patrons. This
information should be recorded and maintained for a minimum of thirty
(30) days. The business will provide the ID Scanner records to law
enforcement upon request.
17) Any patron who (1) fights or challenges another person to fight, (2)
maliciously and willfully disturbs another person by loud or unreasoned
noise, or(3) uses offensive words which are inherently likely to provoke
an immediate violent reaction shall be removed from the premises.
18) An incident log shall be maintained at the licensed premises on a
continual basis with at least one year of entries and be readily available
for inspection by a 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.
19) Security guards shall maintain order and enforce the establishment's no
loitering policy and shall take"reasonable steps' (as that term is defined
in subparagraph (3) of Section 24200 of the California Business and
Professions Code) to correct objectionable conditions that constitute a
nuisance.
20) 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.
Police Department
1) A minimum of eight (8) surveillance cameras shall be installed in the
premises as follows: two (2) at the bar area (one on each end); two (2)
in the primary dining areas; two (2) at the VIP bottle service areas; one
(1) at the front door; and one (1) at the stage.
PLANNING COMMISSION RESOLUTION NO. 15-40
ENTERTAINMENT PERMIT DRC2015-00278- LEON FREGOSO FOR 909 SPORTS LOUNGE
May 27, 2015
Page 7
2) The video recordings shall be of nothing less than NTSC 4SIF with a
minimum of 704X480 resolution. A minimum of 30 days surveillance
video shall be kept.
3) The uniform of the security guards shall have the word "Security"clearly
visible on it.
4) All managers, bartenders, and servers shall complete the Licensee
Education on Alcohol and Drugs (LEAD) Program offered by the
California Department of Alcohol Beverage Control within 30 days of
being hired.
Fire District/Building & Safety Department
1) Any proposed floor plan, seating, occupancy and/or furnishing changes
must be submitted to Rancho Cucamonga Fire Protection District for
review and approval. Do not increase the approved occupant load.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2015
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
B :
Ravenel Wimberly, Chairman
ATTEST:
Cand c Burnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted
by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 27th day of May by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE