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HomeMy WebLinkAbout17-21 - Resolutions - Approving Entertainment RESOLUTION NO. 17-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2016-00918, A REQUEST FOR LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT/ENTERTAINMENT VENUE — PUNCH BOWL SOCIAL, LOCATED AT 12635 NORTH MAIN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1090-531- 03. A. Recitals. 1. Robert Earl Thompson Jr. and Robert Andrew Cornog Jr, owners of Seasoned Development, LLC, and operating Punch Bowl Social filed an application for the issuance of Entertainment Permit No. DRC2016-00918, 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 22nd day of March 2017, 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 22, 2017, 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 12635 North Main Street, which is part of the Victoria Gardens Lifestyle Center; and b. To the north, south, east and west of the subject site is a mixed use commercial lifestyle center; and c. The applicant proposes to provide entertainment consisting of karaoke and amplified music with a disc jockey; and d. The restaurant serves a full menu of items typical of a full-service restaurant; and PLANNING COMMISSION RESOLUTION NO. 17-21 EP DRC2016-00916 March 22, 2017 Page 2 e. The operating hours of the restaurant are from 11:00 a.m. to 2:00 a.m., Monday — Friday and 9:00 a.m. to 2:00 a.m. Saturday and Sunday. Entertainment is proposed to be offered during all hours open for business and; f. The applicant employs an average of 11 guest ambassadors on each shift to roam throughout the facility to greet guests, answer questions and handle various security functions related to alcohol service or refusal to serve and; g. The Rancho Cucamonga Police Department has reviewed the application and supporting documents and has no objections to adding entertainment to the use. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. 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 granting the application would not create a public nuisance; and d. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent apartment complex; and e. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under 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 consists of allowing for live entertainment that does not require an expansion or significant change to the existing pad building. Staff finds that 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 staff's 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 the attached conditions of approval and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 17-21 EP DRC2016-00918 March 22, 2017 Page 3 APPROVED AND ADOPTED THIS 22ND DAY OF MARCH 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyce rnett, 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 22nd day of March 2017, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE Conditions of Approval (1/4;7:: RANCHO Community Development Department CUCAMONGA Project#: DRC2016-00918 Project Name: Punch Bowl Social Location: 12635 NORTH MAINSTREET- 109053103-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Approval is for live entertainment consisting of recorded music curated by a disc jockey and an 82 square foot enclosed karaoke room. 2. Any modification of intensification of the use such as a revision to the days and hours of entertainment, any improvements such as the expansion of the stage and/or dance floor, and/or other modifications/intensifications beyond what is specifically approved by this entertainment permit shall require review and approval by the Planning Director and/or Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of activity, and/or issuance of a Business License 3. The days and hours of operation for the entertainment shall be limited to between Monday - Friday from 11:00 a.m. -2:00 a.m. and Saturday and Sunday from 9:00 a.m. -2:00 a.m. 4. Adult Entertainment, as defined in Section 17.128.020 of the Development Code, is not permitted. 5. All entertainment activity shall be conducted inside the building. 6. While entertainment is being conducted all doors and windows shall remain closed for noise attenuation purposes. 7. 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). 8. 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. 9. 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. 10. 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 modification, suspension or revocation of the permit. 11. 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. 12. 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. 13. All conditions of approval for Conditional Use Permit DRC2016-00917 shall apply. 14. All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the Development Code and Uniform Sign Program#153. www.CityofRC.us Printed:3/15/2017 Project#: DRC2016-00918 Project Name: Punch Bowl Social Location: 12635 NORTH MAINSTREET- 109053103-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 15. 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. 16. Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 17. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate 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. 18. Security personnel 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. 19. 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. 20. A minimum of eleven (11) surveillance cameras shall be installed in the premises as follows: two (2) at the bar area on each floor (one on each end); two (2) in the primary dining areas; two (2) in the game areas on each floor; one (1) at the front door. 21. Video recordings from surveillance cameras shall be of nothing less than NTSC 4SIF with a minimum of 704X480 resolution. A minimum of 30 days surveillance video shall be kept. 22. 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. 23. 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. Building and Safety Services Department Please be advised of the following Special Conditions www.CityofRC.us Printed:3/15/2017 Page 2 of 3 Project#: DRC2016-00918 Project Name: Punch Bowl Social Location: 12635 NORTH MAINSTREET- 109053103-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire/Life Safety Conditions Since the mezzanine does not meet the accessibility requirements of California Building Code, entertainment is prohibited above the first level of the facility. The approved/posted occupant load of the facility shall not be exceeded. • www.cityofRc.us Printed:3/15/2017 Page 3 of 3