HomeMy WebLinkAbout2014-02-12-Agenda Packet-PC-HPC a
THE CITY OF RANCHO CUCAMONGA
THE REGULAR MEETINGS OF
;CHO
CucnMONGA THE HISTORIC PRESERVATION COMMISSION
AND
THE PLANNING COMMISSION
FEBRUARY 12, 2014 - 7:00 PM
Rancho Cucamonga Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California
ri I. CALL TO ORDER
Pledge of Allegiance
• Roll Call
Chairman Howdyshell_ Vice Chairman Fletcher
Munoz_ Wimberly_ OaxacaF17� _
I. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Historic Preservation Commission or the
Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic
Preservation Commission or the Planning Commission from addressing any issue not previously included on
the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and
set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,
depending upon the number of individuals desiring to speak. All communications are to be addressed
directly to the Historic Preservation Commission or Planning Commission, not to the members of the
audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain
from any debate between audience and speaker, making loud noises, or engaging in any activity which
might be disruptive to the decorum of the meeting.
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION AGENDA
C�o FEBRUARY 12, 2014
CA Page 2
rF7 L:: II. ANNOUNCEMENTS AND PRESENTATIONS
A. PRESENTATION REGARDING THE 100THANNIVERSARY CELEBRATION OF THE
HISTORIC ETIWANDA DEPOT
III. CONSENT CALENDAR/HISTORIC PRESERVATION
COMMISSION AND PLANNING COMMISSION
B. Approval of minutes dated January 22, 2014
C. VACATION OF PORTIONS OF CENTER AVENUE AND 24TH STREET, LOCATED WEST
OF HAVEN AVENUE AND SOUTH OF ARROW ROUTE(V-222)—A request to vacate the
east side of Center Avenue between 24th and 25th Streets, and a portion of the south side
of 25th Street, and a portion of north side of 24th Street, located west of Haven Avenue and
south of Arrow Route -APNs 209-122-01,-02,-03, -04, -22 -23, -24
D. VACATION OF ALLEY BETWEEN 25TH AND 24TH STREETS, LOCATED WEST OF
HAVEN AVENUE AND EAST OF CENTER AVENUE (V-223) —A request to vacate the
alley between 24th and 25th Streets, located west of Haven Avenue and east of Center
Avenue -APNs 209-122-01,-02,-03, -04, -23, -24
IV. PUBLIC HEARINGS/PLANNING COMMISSION
The following items have been advertised and/or posted as public hearings as required bylaw. The
Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5
minutes per individual for each project. Please sign in after speaking.
E. CONDITIONAL USE.PERMIT(MODIFICATION)DRC2013-01025-HK'S BAR AND GRILL-
A request to modify Conditional Use Permit 87-06 to extend the hours of operation to
2:00 a.m., 7 days per week,for a bar and grill located within the Neighborhood Commercial
(NC) Development District, at 9740 19th Street - APN: 1076-011-10. This action is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
State CEQA Guidelines Section 15301 — Existing Facilities.
F. ENTERTAINMENT PERMIT DRC2013-01027 - HK'S BAR AND GRILL - A request to
provide entertainment including live music and a disc jockey at HK'S Bar and Grill located
within the Neighborhood Commercial(NC) Development District at 974019th Street-APN:
1076-011-10. This action is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to State CEQA Guidelines Section 15301 - Existing Facilities.
I
O HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION AGENDA
C�oN� FEBRUARY 12, 2014
Page 3
V. COMMISSION CONCERNS/HISTORIC PRESERVATION AND
PLANNING COMMISSION
F11' VI. ADJOURNMENT
1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby
O certify that a true, accurate copy of the foregoing agenda was posted on February 6, 2014,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,
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.
OAny handouts for the Planning Commission should be given to the Planning Commission Secretary for
distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be
used for the official public record.
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION AGENDA
C FEBRUARY 12, 2014
°o�v� 4
Page 4
All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for
scheduling agenda items will be at the discretion of the Commission and the Planning Director.
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,
7:00a.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$2,486 for all decisions of the Commission. (Fees are established and
governed by the City Council).
Please tum off all cellular phones and pagers while the meeting is in session.
Copies of the Planning Commission agendas, staff reports and minutes can be found at
www.CitvofRC.us.
VicinityMap
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February201412
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* Meetlng Location:
C & p A City HaillCouncll Chamber
10600 Civic Center Drive
Item A: Presentation Regarding Etiwanda Depot 100th Anniversary
Item B: Approval of Regular Meeting Minutes dated January 22, 2014
ORAL PRESENTATION REGARDING THE
1.00TH ANNIVERSARY CELEBRATION OF
THE HISTORIC ETIWANDA DEPOT
Item A
•
THE CITY OF RANCHO CUCAMONGA
THE MINUTES OF
;CHO
CUCAMONGA THE HISTORIC PRESERVATION COMMISSION
AND
THE PLANNING COMMISSION
JANUARY 22, 2014 - 7:00 PM
Rancho Cucamonga Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California
I.. CALL TO ORDER
® Pledge of Allegiance 7:03 PM
Roll Call
Chairman Howdyshell X Vice Chairman Fletcher X
Munoz A Wimberly X Oaxaca X
It was noted that Commissioner Munoz notified staff that he would not be present for medical
reasons and his absence is excused.
Additional Staff Present: Candyce Burnett, Planning Manager; Jeff Bloom, Deputy City
Manager/Economic and Community Development; Steven Flower, Assistant City Attorney;Dan
James, Senior Civil Engineer, Mayuko Nakajima, Assistant Planner, Lois Schrader, Planning
Commission Secretary, Mike Smith, Associate Planner, Tabe van der Zwaag,Associate Planner
II. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Historic Preservation Commission or the
Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic
Preservation Commission or the Planning Commission from addressing any issue not previously included on
the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and
set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,
depending upon the number of individuals desiring to speak. All communications are to be addressed
• directly to the Historic Preservation Commission or Planning Commission, not to the members of the
audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain
from any debate between audience and speaker, making loud noises, or engaging in any activity which
might be disruptive to the decorum of the meeting.
Item B-1
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
RANCHO JANUARY 22, 2014
CUCAMONGA Page 2
Luana Hernandez regarding a request for information about transitional housing at 6758 Hellman Avenue.
Steven Flower,Assistant City Attorney said they would discuss it at the staff level and look into it. He said
that because of State law with respect to transitional housing, in many cases the City's hands are tied.
III. ANNOUNCEMENTS AND PRESENTATIONS/HISTORIC
PRESERVATION COMMISSION AND PLANNING COMMISSION
A. ORAL UPDATE AND PRESENTATION ON THE HISTORIC ETIWANDA DEPOT
CLEANUP AND 100TH ANNIVERSARY CELEBRATION
Mayuko Nakajima, Assistant Planner, presented slides of a community cleanup effort of the
historic depot and announced the 100 'Anniversary Celebration this Saturday, 10am-2pm
and that parking is available in the school lot to the south.
E[ IV. CONSENT CALENDAR/HISTORIC PRESERVATION
COMMISSION AND PLANNING COMMISSION
B. Approval of regular meeting minutes dated December 11, 2013
Moved by Wimberly seconded by Fletcher carried 4-0-1 (Munoz absent)
C. Approval of workshop minutes dated December 11, 2013
Moved by Wimberly seconded by Fletcher carried 4-0-1 (Munoz absent)
V. PUBLIC HEARINGS/PLANNING COMMISSION
The following items have been advertised and/orposted as public hearings as required bylaw. The
Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5
minutes per individual for each project Please sign in after speaking.
D. MINOR DESIGN REVIEW DRC2013-00775 - JAMES SCARFUTO - Site plan and
architectural review of a 4,805 square foot single-family residence with an attached 762
square foot garage on a 23,958 square foot lot located on the north side of loamosa Court
and west of Hellman Avenue in the Very Low(VL) Residential Development District at 9250
loamosa Court; APN: 1061-611-16. Related Case: Variance DRC2013-00777. The
Planning Department Staff has determined that the project is categorically exempt as a
Class 3 exemption under State CEQA Guidelines Section 15303 which covers the
construction of a limited number of new, small facilities or structures including the
Item B-2
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
PCUCN HO JANUARY 22, 2014
Page 3
construction of 1 single-family residence in a residentially zoned district.
E. VARIANCE DRC2013-00777 -JAMES SCARFUTO-A request to reduce the required 60
foot rear yard setback to 40 feet for a single-family residence located on the north side of
loamosa Court and west of Hellman Avenue in the Very Low(VL) Residential Development
District at 9250 loamosa Court; APN: 1061-611-16. Related Case: Minor Design Review
DRC2013-00775. The Planning Department Staff has determined that the project is
categorically exempt as a Class 5 exemption under State CEQA Guidelines Section 15305,
which covers minor alterations in land use requirements including building setbacks.
Tabe van der Zwaag,Associate Planner, gave the staff report and PowerPoint presentation
(copy on file). He noted a correction with respect to the Variance as it will reduce the rear
yard setback to 30 feet and not 40 feet.
Pete Volbeda, stated he is the Architect. He said it would take about 9 months to build.
• Chairman Howdyshell opened the public hearing, seeing and hearing no comment,
Chairman Howdyshell closed the public hearing.
Steven Flower,Assistant City Attorney asked that a revised resolution be prepared showing
the corrections.
Moved by Oaxaca seconded by Wimberly carried 4-0-1 (Munoz absent)to approve Items D
and E
F. MINOR DESIGN REVIEW DRC2013-00397 - STEVE SAGE - Site plan and architectural
review of a 4,041 square foot single-family residence with a 1,009 square foot attached
garage on a 20,624 square foot lot located on the north side of loamosa Court and west of
Hellman Avenue in the Very Low (VL) Residential Development District at 9260 loamosa
Court;APN: 1061-611-17. The Planning Department Staff has determined that the project is
categorically exempt as a Class 3 exemption under State CEQA Guidelines Section 15303
which covers the construction of a limited number of new, small facilities or structures
including the construction of 1 single-family residence in a residentially zoned district.
G. VARIANCE DRC2013-00388-STEVE SAGE-A request to reduce the required 60 foot rear
yard setback to 30 feet for a proposed single-family residence(DRC2013-00397)located on
the north side of loamosa Court and west of Hellman Avenue in the Very Low (VL)
Residential Development District at 9260 loamosa Court;APN: 1061-611-17. The Planning
Department Staff has determined that the project is categorically exempt as a Class 3
exemption under State CEQA Guidelines Section 15303 which covers the construction of a
limited number of new, small facilities or structures including the construction of 1 single-
family residence in a residentially zoned district.
Tabe van der Zwaag,Associate Planner, gave the staff report and PowerPoint presentation
Item B-3
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
RANCHO JANUARY 22, 2014
CUCAMONGA Page 4
(copy on file).
Pete Volbeda stated he is the Architect.
Chairman Howdyshell opened the public hearing. Seeing and hearing no comment,
Chairman Howdyshell closed the public hearing.
Moved by Fletcher seconded by Oaxaca carried 4-0-1 (Munoz absent) to approve Items F
and G
H. DEVELOPMENT/DESIGN REVIEW DRC2008-00909-NASSEF ESKANDER FOR ALTA
LOMA ANIMAL HOSPITAL: A proposal to demolish an existing veterinarian office and
construct a new veterinarian office and commercial retail building on a property of 25,705
square feet in the General Commercial(GC) District located at the northeast comer of Base
Line Road and Amethyst Avenue at 7289 Amethyst Avenue; the proposal includes
incorporating an existing residence to the north of the site at 7271 Amethyst Avenue as part
of the project; APNs: 0202-161-10, -11, and -20. Related file: Pre-Application Review
DRC2007-00733, Minor Exception DRC2009-00360,and Uniform Sign Program DRC2009-
00697. The project qualifies as a Class 2 exemption under State CEQA Guidelines Section
15302 - Replacement or Reconstruction.
I. MINOR EXCEPTION DRC2009-00360-NASSEF ESKANDER FOR ALTA LOMAANIMAL
HOSPITAL: A request for a 25 percent reduction in the required parking for a proposed
new veterinarian office and commercial retail building on a property of about 23,000 square
feet in the General Commercial (GC) District located at the northeast corner of Base Line
Road and Amethyst Avenue at 7289 Amethyst Avenue;the proposal includes incorporating
an existing residence to the north of the site at 7271 Amethyst Avenue as part of the project;
APNs: 0202-161-10, -11, and-20. Related file: Pre-Application Review DRC2007-00733,
Development Review DRC2008-00909,and Uniform Sign Program DRC2009-00697. The
project qualifies as a Class 2 exemption under State CEQA Guidelines Section 15302 -
Replacement or Reconstruction.
J. UNIFORM SIGN PROGRAM DRC2009-00697- NASSEF ESKANDER FOR ALTA LOMA
ANIMAL HOSPITAL: A proposed Uniform Sign Program for Development Review
DRC2008-00909, a proposed veterinarian office and commercial retail building on a
property of about 23,000 square feet in the General Commercial(GC) District located at the
northeast corner of Base Line Road and Amethyst Avenue at 7289 Amethyst Avenue; the
proposal includes incorporating an existing residence to the north of the site at 7271
Amethyst Avenue as part of the project; APNs: 0202-161-10, -11, and -20. Related file:
Pre-Application Review DRC2007-00733, Development Review DRC2008-00909, and Minor
Exception DRC2009-00360. The project qualifies as a Class 2 exemption under State
CEQA Guidelines Section 15302- Replacement or Reconstruction.
Mike Smith,Associate Planner, gave the staff report and PowerPoint presentation(copy on
Item B-4
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
gwxo JANUARY 22, 2014
CUCAMONGA Page 5
file).
Vice Chairman Fletcher expressed concern about the number of parking stalls, the number
of prospective employees they plan to hire, the phasing and the timing and completion of
the construction, the time and method of deliveries and the possibility of noise from barking
dogs. He asked if the Bennet House could possibly be moved in the future.
Mr. Smith said there are about 15 fewer stalls now than what is proposed.
Chairman Howdyshell expressed concern about the number of handicap spaces provided
and if parking will be allowed on Amethyst Avenue.
Dan James, Senior Engineer said parking will be allowed on Amethyst, but no stopping will
be permitted from Base Line Road to a point north of the driveway approach.
Mr. Smith noted that the number of handicap spaces does not change, it is consistent with
• the Building Code. He said with respect to the Bennet House that it was identified as being
locally significant and the City sought to balance the need for parking with the desire to
preserve a historically notable structure in place.
Nassef Eskander stated he represents the owner of the veterinary hospital. He said there
are usually not more than 4 cars in the lot at any one time-the owners drop off their pets and
pick them up later. He said the improvements make a better environment for their staff. He
said they may add 2-3 temps but not permanent employees. He said there will be the same
number of working stations but larger. He said they are not expanding the business. He
said they are providing street improvements and landscaping. He said deliveries will be
after hours and he has the ability to determine delivery times and the size of the truck.
Vice Chairman Fletcher referred to a memo (Exhibit Q) that states their intention to hire 8
new employees.
Mr. Eskander said they will have a temporary doctor and assistant on call close by;they will
not have 13 employees. He said the dog kennels are all indoors and they do not bark
unless they are disturbed. He assured the project phasing would be continuous until the
project is finished and he promised no delays between phases until the project is completed.
Chairman Howdyshell opened the public hearing.
Siria (last name unknown) said she owns a historic property to the north of the site. She
expressed concern that her house would be demolished.
Mr. Smith assured her that her home is not on the site and will remain in place.
Chairman Howdyshell closed the public hearing.
Item B-5
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
j�►rrcxo JANUARY 22, 2014
CUCAMONGA Page 6
Moved by limberly seconded by Fletcher carried 4-0-1 to approve Items H, I and J
K. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00951 -
BIANE BUSINESS PARK-A request to modify the Biane Winery, a complex comprised of
fifteen (15) buildings/structures and three (3) single-family residences located on two (2)
parcels with a combined area of 10.41 acres by .demolishing the existing Bottling
Plant/Warehouse and Dry Wine Bottling Room and constructing an industrial warehouse
building of 122,304 square foot within the General Industrial (GI) District, located on the
south side of Eighth Street, between Hermosa and Archibald Avenues-APN: 0209-201-19
and 20. Staff has prepared a Mitigated Negative Declaration of environmental impacts for
consideration. Related file: Tree Removal Permit DRC2013-00475
L. TREE REMOVAL PERMIT DRC2013-00475 - BIANE BUSINESS PARK - A request to
remove 24 trees related to Development Review DRC2007-00951 for a 6.51 gross acres site
within the General Industrial Development District, located on the south side of Eighth Street,
between Hermosa and Archibald Avenues-APN: 0209-201-19 and 20.
Mayuko Nakajima,Assistant Planner,gave the staff report and PowerPoint presentation(copy
on file).
Commissioner Oaxaca asked if a location has been determined for the two residences slated
to be moved.
Ms. Nakajima said it will not be on site-the destination is unknown at this time.
Commissioner Oaxaca asked how many grapevines will be affected.
Ms. Nakajima said an unknown but significant number.
Vice Chairman Fletcher asked if the buildings set for demolition will be inspected for artifacts.
Ms. Nakajima said a HABS level 3 report will be performed and is a detailed report of any
culturally significant features/items found on site.
Candyce Burnett, Planning Manager said the EIR also studied the contents. She said all
processes will be monitored and all finds will be documented.
Vice Chairman Fletcher expressed a desire for the bar in the tasting room to be used
somehow. He said he would like to see the reuse of items and the vintners' heritage
preserved on site.
Chairman Howdyshell said it preserves what will remain in place as this is a more conservative
proposal than what was originally submitted.
Item B-6
•
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
; c NO JANUARY 229 20'14
Pale 7
Jary Cockroft stated he is the Project Manager. He said this proposal is a good compromise-
and preserves the winery. He thanked staff for their assistance throughout the process. He
said the family agrees to all the conditions. He said there is no answer yet as to where
residences will go; they want to find ar, appropriate location.
Chairman Howdyshell opened the public hearing.
Luana Hernandez, President of the HPIRC said she is sad to lose the buildings. She thanked
staff for their work in preserving what they cou+d.
Anthony Gonzalez asked if a full historic report of the site has been done and how it can be
accessed.
Ms. Burnett said a cultural assessment was prepared with a thorough history of the site and it
• is available in the Planning Department; it was attached to the Initial study.
Chairman Howdyshell closed the public hearing.
Moved by Wimberly seconded by Oaxaca carried 4-0-9 (Munoz absent)to approve Items K
and L
VI. COMMISSION CONCERNW/HISTORIC PRESERVATION AND
PLANNING COMMISSION
None
FL VII. ADJOURNMENT
F7
8:35 PM
If you need special assistance or accommodations to participate in this meeting,
please contact the Planning Department at (909) 477-2750. Notification of 48
hours prior to the meeting will enable the City to matte reasonable arrangements to
ensure accessibility. Listening devices are available for the hearing impaired.
•
Item B-7
ANCHO
HISTORIC PRESERVATION COMMISSION
AN® PLANNING COMMISSION MINUTES
JANUARY 22, 2014
Cuc oNGA Page 8
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.
Any handouts for the Planning Commission should be given to the Planning Commission Secretary for
distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be
used for the official public record.
All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for
scheduling agenda items will be at the discretion of the Commission and the Planning Director.
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$2,486 for all 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, staff reports and minutes can be found at
www.CitvofRC.us.
Item B-8
STAFF REPORT
ENGINEERING SERVICES DEPARTMENT
RANCHO
Date: February 12, 2014 C,,UCAMONGA
To: Chairman and Members of the Planning Commission
From: Dan James, Senior Civil Engineer
By: Carlo Cambare, Engineering Technician
Subject: VACATION OF PORTIONS OF CENTER AVENUE AND 24TH STREET, LOCATED
WEST OF HAVEN AVENUE AND SOUTH OF ARROW ROUTE (V-222)—A request
to vacate the east side of Center Avenue between 24th and 25th Street, and portion
of the south side of 25th Street, and a portion of north side of 24th Street located,
west of Haven Avenue and south of Arrow Route-APNs 209-122-01,-02,-03, -04, -22
-23, -24.
BACKGROUND/ANALYSIS
In conjunction with the development review for a new single family residences at
10312 25th Street and 8769 Center Avenue, it was determined that there is an excess right-of-way
of ten feet, located on the east side of Center Avenue, the south side of 25th Street, and the north
side of 24th Street, west of Haven Avenue, south of Arrow Route. Said excess right-of-way was
previously dedicated under the North Cucamonga Township Map. Once vacated, said excess
right-of-way will be part of lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16 of Block 58 of the
North Cucamonga Township.
The vacation is consistent with the General Plan and the Development Code because said excess
right-of-way is not required for street, highways and related purposes anymore and therefore will
be part of lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16 of Block 58 of the North Cucamonga
Township.
RECOMMENDATION
Staff recommends that the Planning Commission make the finding through minute action that the
proposed vacation is in conformance with the General Plan.
Respectfully submitted,
Dan James
Senior Civil �ngineer
• DJ:CC/rlf
Attachments:Exhibit "A" -Vicinity Map
Item C-1
City of Rancho Cucamonga
Engineering Division
Vicinity Map
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EXHIBIT A S
Item C-2
STAFF REPORT
ENGINEERING SERVICES DEPARTMENT ,-
• Date: February 12, 2014
RANCHO
To: Chairman and Members of the Planning Commission CUCAMONGA
From: Dan James, Senior Civil Engineer
By: Carlo Cambare, Engineering Technician
Subject: VACATION OF ALLEY BETWEEN 25TH 8 24TH STREET, LOCATED WEST
OF HAVEN AVENUE AND EAST OF CENTER AVENUE (V-223)—A request
to vacate the alley between 24th and 25th Street, located, west of Haven
Avenue and east of Center Avenue -APNs 209-122-01,-02,-03, -04, -23, -24.
BACKGROUND/ANALYSIS
The vacation is consistent with the General Plan and the Development Code because
said alley right-of-way is not required for street, highways and related purposes anymore
and therefore will be part of lots 1,2,3,4,5,6,7,8,9,10,11,12,13,8 14 of Block 58 of the
North Cucamonga Township.
RECOMMENDATION
Staff recommends that the Planning Commission make the finding through minute action
• that the proposed vacation is in conformance with the General Plan.
Respectfully submitted,
LsZZ,
D
Senior Civil Engineer
DJ:CC/rlf
Attachments:Exhibit "A" - Vicinity Map
•
Item D-1
City of Rancho Cucamonga.
Engineering Division
Vicinity Map
25TH
........................ ........................
24TH
.................
•
EXHIBIT A
Item D-2
STAFF REPORT J
PL:-INNING DEPARTMENT
DATE: February 12, 2014 RANCHO
TO: Chairman and Members of the Planning Commission �,;UCAMONGA
FROM: Candyce Burnett, Planning Manager
BY: Tabe van der Zwaag, Associate Planner
SUBJECT: CONDITIONAL USE PERMIT(MODIFICATION) DRC2013-01025- HK'S BAR AND GRILL
- A request to modify Conditional Use Permit 87-06 to extend the hours of operation to
2:00 a.m., seven days per week, for a bar and grill within the Neighborhood Commercial
(NC) Development District, located at 9740 19th Street-APN: 1076-011-10. This action is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
State CEQA Guidelines Section 15301 - Existing Facilities.
ENTERTAINMENT PERMIT DRC2013-01027 - HK'S BAR AND GRILL - A request to
provide entertainment including live music and a disc jockey at HK'S Bar and Grill within the
Neighborhood Commercial(NC) Development District, located at 9740 19th Street —
APN: 1076-011-10. This action is categorically exempt from the California Environmental
Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15301 - Existing Facilities.
RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use
• Permit DRC2013-01025 and Entertainment Permit DRC2013-01027 through the adoption of the
attached Resolution of Approval and Standard Conditions. The hours of operation have been
modified per the amended request discussed in the staff report and as outlined in the conditions of
approval in the Resolution.
PROJECT AND SITE DESCRIPTION:
A. Surrounding Land Use and Zoning:
North - 210 Freeway
South - Residential Development - Low Medium Residential (LM)
East - Residential Development - Medium High Residential (MH)
West - Residential Development - Low Medium Residential (LM)
B. General Plan Designations:
Project Site - Neighborhood Commercial (NC)
North - 210 Freeway
South - Low Medium Residential (LM) (4 - 8 dwelling units per acre)
East - Medium High Residential (MH) (14 - 24 dwelling units per acre)
West - Low Medium Residential (LM) (4 - 8 dwelling units per acre)
C. Site Characteristics: The project site is a 3,700 square foot inline tenant space within an
existing commercial center located on the northeast corner of Archibald Avenue and
19th Street. The center has a total of 22 tenants including the anchor, Stater Brothers market.
E & F 1
PLANNING COMMISSION STAFF REPORT
DRC2013-01025 AND DRC2013-01027 - HK'S BAR AND GRILL
February 12, 2014
Page 2
ANALYSIS:
A. Proiect Proposal: The applicant's purchased Pepper's Restaurant on April 18, 2013, and
changed the name to HK's Bar and Grill. The applicant has since renovated the interior of the
restaurant and created a new menu. The business has continued to operate under
Pepper's CUP (87-06), which requires the business to close by 11:00 p.m., 7 days per week.
The applicant requested to extend the hours of operation to 2:00 a.m., 7 days per week and to
add live entertainment.
In a meeting with the applicant, the Planning staff outlined their concerns that the late
operating hours were out of character with the operation of a restaurant. The applicant
agreed to reduce the requested closing time to 12:00 a.m. Sundays through Wednesdays and
2:00 a.m. Thursdays through Saturdays. Staff also found it acceptable to stay open until
.2:00 a.m. for the following holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day,
Cinco de Mayo, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day.
Because the meeting took place after the printing of the legal advertisement in the
Inland Valley Daily Bulletin newspaper, both the legal advertisement and the posting state a
2:00 a.m., 7 days per week, closing time.
B. Business Operation: HK's Bar and Grill operates a full-service restaurant serving lunch and
dinner. They will have approximately 19 employees with 9 employees working on the largest
shift.
C. Entitlement Requirements: Development Code Section 17.30 requires restaurants that serve
distilled spirits be approved by a Conditional Use Permit. Development Code
Section 17.20.020 requires businesses that provide entertainment obtain an Entertainment
Permit.
D. Entertainment: Live music and DJ's are proposed from 6:00 p.m. to 11:30 p.m., Sundays
through Wednesdays and from 6:00 p.m. to 1:00 a.m. Thursdays through Saturday. The live
music will consist of bands with up to four members playing pop, country, and acoustic music.
The DJ's will play recorded music with a focus on classic rock and pop music. The Floor Plan
includes a 145 square foot dance floor adjacent to the stage and the bar area. No admission
will be charged for the entertainment. In addition to the live entertainment, the applicant also
proposes having four electronic dart board games, an electronic golf game and a juke box.
E. Security Plan: The applicant's Security Plan has been reviewed and accepted by the
Rancho Cucamonga Police Department. The Security Plan is also incorporated into the Draft
Resolution of Approval. The Police Department has concluded that if these measures are
sustained and the Business is operated in a responsible manner, potential negative activities
and nuisance impacts will be controlled and minimized.
In addition to the safety provisions outlined in the Security Plan, the Resolution of Approval
requires that employees who serve alcohol obtain a Certificate of Completion for training in
the proper service of alcohol (L.E.A.D. or equivalent). A condition has also been added
E & F 2
PLANNING COMMISSION STAFF REPORT
DRC2013-01025 AND DRC2013-01027 - HK'S BAR AND GRILL
is
February 12, 2014
Page 3
requiring alcohol sales to cease no less than thirty (30) minutes prior to closing time to ensure
that all drinks are finished by closing time. In addition, staff will bring both the Conditional Use
Permit and the Entertainment Permit back to the Planning Commission in 6 months to review
the business operation to verify compliance with both Resolutions of Approval.
F. Parking: The commercial center in which the site is located was developed with
64,610 square feet of lease area and 319 parking spaces. The required parking was
calculated at 4.5 parking spaces per 1,000 square feet of gross tenant space, which translates
into a parking requirement of 348 parking spaces. The center has a 29 parking space deficit
with the current tenant makeup. The applicant's tenant space has continually been operated
as a restaurant since 1987 and is the busiest in the evenings when many of the neighboring
office uses are closed. For this reason, staff concludes that continuing the existing use will
not negatively impact the other tenants in the center. There will be adequate parking for all
the uses on the site because of the off-set in peak parking demand hours between the
applicant's restaurant and the office uses.
Type Floor Area Parking #of Spaces #of Spaces Provided
of Use (SF) Ratio Required p
Shopping Center 64,610 4.5/1,000 348 319
29 Space Deficit
• G. Land Use Compatibility: The premise of a Conditional Use Permit is to ensure the.
compatibility of adjacent uses and the separation of potential nuisance activities. The
commercial center in which the facility will be located has a mix of retail, food service and
office uses. Staff does not foresee any potential conflicts with the other tenants in the center
provided the applicant adheres to the Security Plan and the Conditions of Approval.
H. FACTS FOR FINDINGS: The purpose of an Entertainment Permit is to provide a
discretionary review process for new entertainment uses where food and/or beverage is sold
concurrently with any form of entertainment in order to ensure public health and safety. The
following are facts to support the necessary findings:
1. The conduct of the establishment or the granting of the application is consistent to the
public health, safety, morals or welfare. The applicant has provided a Security Plan and
conditions have been imposed to ensure the proper service of alcohol to patrons and the
building complies with all applicable Fire and Building Codes.
2. The premises or establishment is likely to operate in a legal, proper, and orderly manner.
The applicant has submitted a Business Plan that includes a Security Plan, which has
been reviewed and accepted by the Police Department to minimize potential negative
activities and nuisance impacts.
3. Granting the application would not create a public nuisance. The applicant applied for
an Entertainment Permit and provided all required documents to allow for an in-depth
review of the proposed business operation. Further, with the inclusion of the Conditions
of Approval, potential negative activities, and nuisance impacts will be controlled and
minimized.
•
Item E&F3
PLANNING COMMISSION STAFF REPORT
DRC2013-01025 AND DRC2013-01027 -HK'S BAR AND GRILL
February 12, 2014
Page 4
4. The normal operation of the premises would not interfere with the peace and quiet of any
surrounding residential neighborhood. The project site is in excess of 250 feet from the
nearest residence and conditions have been imposed to ensure that the establishment
will comply with the Performance Standards set forth in Section 17.66.050-G of the
Development Code and will not create adverse impacts upon.the adjacent uses.
5. 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.
I. 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, which covers the permitting and minor alterations 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 entails increasing the hours of
operation and permitting entertainment for an existing restaurant and bar with no expansion or
major changes to the existing building. Staff finds that there is no substantial evidence that
the project will have a significant effect on the environment, in that the applicant does not
propose modifying or expanding the existing structure. The Planning Manager has reviewed
the Planning Department's determination of exemption, and based on her own independent
judgment, concurs in the staffs determination of exemption.
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.
Respectfully submitted,
Candyce rnett
Planning Manager
CB:TVge
Attachments: Exhibit A - Site Plan
Exhibit B - Floor Plan
Exhibit C - Business/Entertainment/Security Plan
Exhibit D - Photos of Interior of Restaurant
Exhibit E - Tenant List
Exhibit F - Menu
Exhibit G - Correspondence Regarding the Application
Draft Resolution of Approval for Conditional Use Permit DRC2013-01025
Draft Resolution of Approval for Entertainment Permit DRC2013-01027
Item E&F4
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DESIGNATED EMPLOYEE PARKING AREA
*EXHIBIT A
Item E&F5
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*EXHIBIT
Floor Plan
(� 9740 19th Street
ncho Cucamonga,Ca 91737
Item E&F6
Item#3 on Conditional Use Permit Checklist:
Business Operation: HK's Bar and Grill purchased and took over Pepper's Restaurant
operation April 181',2013. We are currently operating under the old Pepper's CUP #87-
06, at 9740 191i Street,Rancho Cucamonga, Ca. 91737-APN 1076-011-10.At the time
of the takeover the business was operating with a total of 4 employees,since the takeover
we have grown the employee base to a total of 19. We have gone through an extensive
facelift of the facility and cleaned up the operation and recreated a restaurant/bar menu
that represents the community needs. Our current hours of operation are Monday thru
Friday 11 am to 11 pm, Saturday and Sunday we open at 9:30am to I I pm.The largest
shift we employ 9 people. The reason we are requesting extended hours to 2 AM is to
meet the community needs as well as being competitive and in line with all other
restaurant/bars in the Rancho area. We have not had any calls for service and currently
employ security on Friday and Saturday nights from 7 to l Ipm. We plan to increase our
security to keep in line with the needs of the business as well as deemed necessary by the
city. We respectfully request your granting us the privilege to extend our hours.
Item#3 on Entertainment Permit Checklist:
Entertainment Plan: We are proposing to have entertainment on an existing stage/dance
floor consisting of 145 sq feet. We would plan to have up to four people performing at
one time.The type of entertainment will be live/local bands that play at existing
• restaurant/bars in the Rancho area. Our focus will be on pop music,country; acoustic. We
would propose to have the live entertainment available Wednesday,Thursday, Friday and
Saturday. Performances would start at 8:30pm and end at 12:30am. On days that we do
not have live entertainment we would like to have the option of a DJ and dancing music.
Types of music will be limited to classic rock, country and pop hits. No admission fee
would be charged to attend entertainment on premises. We would like to include in our
request that we are able to keep our 4 electronic arcade soft rip dart boards and one
golden tee golf machine and one Jukebox machine for internet delivered music. Each one
of the six machines operates independently. Our hopes are that we will continue to host
the dart leagues on Monday's and Wednesday's of each week.
Item#4 on Entertainment Permit Checklist:
Security Plan: We plan to have a minimum of(2)security personnel on site prior to the
start and after the entertainment ends up to and after closing. The security we have will
be our employees and dressed in HK's Bar and Grill attire clearly designating them as
Security. Procedures if there are problems will be dealt with 1. Asking the patron to abide
by our rules of proper conduct 2. If a problem continues with improper conduct they will
be ask and escorted out of our facility. We will follow the subject out and observe their
departure. There will be one entry/exit into and out of our restaurant;the rest of our exits
will be fire alarmed doors. ID checks will be done before entering the facility; we will
use ID check computers that will capture all ID info of each person entering and
verifying they are of legal age to consume alcohol. The security will be outfitted with two
9.XHIBIT C
Item E&F7
way radios for communication,radio communication will also be monitered by the
manager on duty. We have sixteen surveillance cameras in place in the facility as well as
placed in the front and rear of the building,recording 24 hours per day. We also plan to
monitor the parking lot in and around our facility for suspicious activity. Parking lot
checks will be a crucial part of security. Management will be on site at all times.
Item E&F8
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•
Tenant List
19''Street and Archibald
Rancho Cucamonga, CA 91737
Address Square Footage
9710 Vacant 2100
9720 Dr.Amor Quinio Pediatrician 1200 9 am-5 p.m.
9740 HK's Grill Restaurant and Bar 3700 11 am-11 p.m.
9760 Panda Chinese Fast Food 1500 11 am.-6 p.m.
9762 Town&Country C. Dry Cleaners 2400 7 a.m.-6 p.m.
9766 Vacant 900
9768 Angel Jewelry Jewelry Store 1200 10 a.m.- 6 p.m.
9770 El Perico Restaurant 1500 11 a.m.- 9 p.m.
9774 The Dance Gallery Dance School 3000 3 p.m.—9 p.m.
9778 Dr. Sabicer Dentist 1168 8 a.m. —5 p.m.
9780 Vacant 1250
9782 Ace Alterations Alterations 750 9 a.m.—6 p.m.
9784 Fantastic Sam's Hair Salon 1000 9 a.m.—7 p.m.
9786 Vivi Nails Nair Salon 750 10 a.m.—6 p.m.
9788 Dr Yeh Optometrist 1000 10 a.m.—6 p.m.
® 9790 Archibald Pet Hsp Veterinary 1168 9 a.m.—6 p.m.
9792 Barboni's Pizza Rest. 2400 11 a.m.—9 p.m.
9794 Town& Country Liq Liquor Store 5169 7 a.m.— 10 p.m.
9798 % Vacant 1280
QXHIBIT E
Item EU10
HK's BAR & GRILL
9740 19TH STREET, ALTA LOMA,CA 91737. PHONE: 909989.2220
BURGERS SALADS
AhK HAMBURGER• 7 COBB SALAD 12
NOMW Hamburger potty,w/Lettuce, Diced Grilled Chicken,Tomatoes,&Red Onion
Torna ft&grilled red anions. &Blue Cheese crumbles over a bed of mixed Greens.
Served w/Freedom fries. Add Bacan$2 Served w/your choice of dressing.
HK CHEESE BURGER• 8 ALTA LOMA SALAD 10
Grilled Hamburger patty,w/Lettuce, Diced Grilled Chicken,Tomatoes,dried cranberrlet
Tomato,&grilled red anions. Feta Cheese,Chopped Almonds,
Served w/Freedom Fries Add Bacon$2 &Grapes(in Season). Served w/HKVlnalgrette.
(Your choice:Cheddar-Jack,or Swiss cheese)
HK WEDGE SALAD 9
OR'TEGA BURGER• 8 A Wedge of Iceberg Lettuce Diced Tomatoes
Grilled Hamburger patty,w/Lettuce, Onion,Blue Cheese crumbles&Bacon Bltx
Tarnaft Ortega Chiles&grilled red anions. Served w/your choice of Dressing.Topped w a pepperchial
Served w/Freedom fries. Add Bacon$2
(Your choke.-Cheddar-Jack or Swiss cheese) HOUSE SALAD 4
Bed of mixed Greens,diced Tamatoes,
BLUE CHEESE BURGER' 8
Cucumber,shredded Cheddar&Jack Cheese.
Grilled Hamburger potty,w/Lettuce, Served w1your choice of Dressing
Tomato,grilled onions&Blue Cheese.
Served w/Freedom fires. add Bacon$2
PATTY MELT• 8 SALAD DRESSINGS:
Grilled Hamburger Patty,w/Grilled Onions HK's VINEGARETTE
Swiss&Cheddar Cheese,2000 island, 1 000 ISLAND
on toasted Sourdough.Served w/Freedom Fries BLUE CHEESE
CUCAMONGA BURGER• 1 o RANCH
JALAPEIVO RANCH
A Mountain of a burgerl
2 Grilled Hamburger patties,w/Lettuce,
Tomato,grilled red onions&Blue Cheese
Served wir Freedom fries. Add Baron$2
• STEAKS/SPECIALTY SOUPS
HK's FILET MIGNON • 19 BROCCOLI CHEESE CUP 3 90wL 5
Choice Beef wrapped In Bacon,grilled to your likingl
Served w/Homemade Mashed potatoes
&Fresh seasonal vegetables. CHICKEN NOODLE CUP 3 BOWL 5
Add a Soup or Salad $3
NEW YORK STRIP •(s os.) 17
Choice Beef,grilled to orderl DESSERTS
Served wir Homemade Mashed potatoes
&Fresh seasonal vegetables FRIED ICE CRAM q
Add a Soup or Salad $3 A Large scoop of Vanilla Ice Cream
rolled In special trust&deep Fried
TORTELUNI Form CHEESE 10
Four cheese TortelRnl smadWred in HK's Sun Dried Tomato M'(•, BALDY CHEESE CAKE 5
vodka-Alfredo sauce.Served wlcheese bread slices.
Add chicken or Shrimp$3 Topped w Chocolate or Raspberry Sauce
CHOCOLATE SUNDAY 5
Vanilla ice Cream in a parfait glass with chocolate syrup
Topped with whipped cream and a cherry an top
OPEN SAT&SUN AT 9:30AM
SERVING BREAKFAST—BLOODY w,111 Football Games are showing-get
MARY'S AND MIMOSA SPECIALS here early.......
FOR RESERVAnONs CALL KARL 90"89-2220
HK's Bar and Grill T-Shirts $18.00
Sizes L, A, XU
EXHIBITF I meals.poultry.ieafrim.ShWlljsh,or iggs may incr�-ase/•aur r,sF of`ooftorne Mness
Item E&F11
HK's BAR & GRILL.
9740 19TH STREET. ALTA Low.CA 91737. PHONE 908989.2220
APPETIZERS
FLASH SEARED AHl TUNA13 CHICKEN STRIPS 6
Sushi Grade Ah/fhsh seined&sliced over a bed White Meat Chicken dl
Apedln Batter
of mixed greens Served w Creamy OW sauce&soy sauce &Fried Golden Brown. Saved wr/Freedom Fres.
WasablAvollable. (Ranch or Blue Cheese).
CALAMARI •w/SWEET&SAcr SAUCE 12 BUFFALO WINGS• 6
Ughtly Battem4 deep fried&ova a bed of (6)Served with
mbred greens.served w/Soy&Creamy Wosabi sauce. (89 10,BBQ.Honey Musmrd-SpicyApricat•)
Wasabl Available
"Spicy but NOT hotter than Jill'
RED SCORPIONS• 1 1 SLIDERS HAiulBURmw 6
(4)F—Jumbo Shrimp st&OW (3 per order)Grilled mini Burgas
w/Jo/apeft ChftVw&Jack cheesy Served on Hawaiian Roos,w/Freedom Fries,
&wrapped In Bacon.Sawed w/uxeamy spicy sauce.
SAUSAGE&PEPPERS 1 1, BRUSCHETTA 5
Sliced Baguette topped w/Roma Tomatoes
SoutW Bell Poppins&Onkxss with Marham Sauce Gmdc&Sundries)Tomatoes.
909HER SPEAK&FRIES a "TEX-MEX PIZZA • 5
ftedsteak over fries&mehnd choose. Grilled flour Tortilla topped w/Refried Bean;chicken
Served w1 nwh ornodia cheese sauce"the side' Cheddar&Jack Cheese,sour creamy
JALAPEAO POPPERS • 8 Pica De Gallo&siked Jalopeft
(6)BacmwmWedlahrpeNauskjWw/Cheddar& CHEESE QUESADILJ.A 5
Jade choose,&deep fried. Flour TatlBo stuffed w/Cheddar&
GORGONZOLA FRIES 7 Jack Cheese.Add Chicken orftef* Ss.
Freedom Fria smothered In creamy Gorgonm►o cheese. ONION RINGS 4
FRIED PICKLES 7 Snced Onions dipped In batter and deep fried golden brown.
Sliced Plode chips or pickle Spec;your chohel FREEDOM FRIES 3
Dipped in Beer Batts&Fried Golden Brown.
(Creamy Srim dha a Spicy Apricot Sauce) A basket full for you&yaw friends to enoyl
SANDWICHES
GRILLED CHEESE 5 THAI CHICKEN WRAP• 8
Cheddar Cheesy Grilled to pedIecti-I On Sourdough Chicken made w/spicy peanut vinaigrettq cobbag&
TUNA SANDWICH• 7 red bell peppers&green anion
Solid White Albacore Tung Dried Cranbeffl^ HK CHICKEN WRAP• 8
Or ed Apple%Diced Onions an Sourdough Grilled Chicken,htttuce,&tomato
(&Oft Honey Mhamrd 8BQ Ja/apeno Randy or censor)
FRENCH DIP 7
Thinly sliced Roast Beef an a French Roil TUNA MELT• 8
served w/Au lus Horseradish awdoNe. Solid White Albacore Tuna,Dried Cranberriq,
Dried Apple;Diced Onions an Sourdough.
BLT 7 Grilled w/dwM served hod
Sourdough bread w/slim of Baean,Ultum&Tomato
PEPPERED TURKEY MELT• 8
GRILLED CHICKEN SANDWICH• 8 Thinly Sliced vepperedTurkey,GrilkdOniah;
Grilled Chicken Breust Le[luat Smothered w/Melled Cheese
Tomota,&Red Onion,on a Bun.
(soon Island Ranch or Blue vrcese). CHEESE-STEAK SANDWICH 8
H&x's Style Sliced steak w/Green BM Peppers melted in Swiss
SAUSAGE SANDWICH 8 Orem Loaded ino°a haaW rad.Pepp"dml an mp
Sliced Sausage soutrkdw/BeBPeppm STEAK SANDWICH 9
Onion4 smothered in melted cheese,
Saved on a French ROIL GrBkd hhteo4,krtdcyonlorerrtornotaes and mayo
On a steak roe
PULLED PORK SANDWICH• 8 SEARED AHI WRAP' 13
Slow cooked park cooked w/frul4 BBC sauce. Flash Seared AN,spring mix Tomato,onhm;
Served on o ow pork bun. W/creamy Wasabl&soy Sauce
SUBSTITUTE FOR FREEDOM FRIES:
COTTAGE CHEESE
SLICED TOMATOES 11 ;andu-ivhes served w. Freedom Fries
ONION RINGS
OR SALAD.
All riarrrmgers are cuc-kid to oder.Consurmng raw x undercocken+nests WuICv.saaft)M she,lhsh nr=nuc ma-
Item
a —Item E&F12
01/29/2014
To: City Planning Department
Re: ENTERTAINMENT PERMIT DRC2013-01027 and CONDITIONAL USE PERMIT
(MODIFICATION) DRC2013-01025 -
Dear Sir,
I am writing to express my firm opposition to approval by the Planning Commission
of each of the subject permits; DRC2013-01027 and DRC2013-01025.
It is my opinion that a bar and grill of any type situated within what I consider a
neighborhood of homes, families and children is unacceptable. I consider such an
allowance by the Planning Commission to be a failure on their part to first consider
the greater good of the community.
However,as to the two permit requests listed on your notice of January 27,2014, 1
list my objections:
First, live music and a disc jockey are noisy and disruptive. They encourage unruly
• behavior when mixed with the consumption of alcohol. As an example, l would
point to the problems encountered at Margaritaville some years back as well as the
pub(which name escapes me),once located near Foothill Blvd.and Rochester.
Second, where alcohol is consumed,drugs are also present. You can rely on it. The
police department records are replete with examples of fact. Fostering a climate for
this type of activity by the Planning Commission in a family-oriented neighborhood,
is wholly unacceptable in my view.
Third,consumption of alcohol along with the added likelihood of drug use by
patrons should not be further enabled via the extension of operating hours until
2am, 7 days a week. The tam permit request is especially egregious to me.
Finally,granting the two permits in question will only further burden our police
force. Resources better allocated to the overall safety of our city will be wasted on a
venue of dubious value to it's citizens.
Yours Truly,
CITY OF
RANCHO CUCAMONGA
Brett W. Carls
EXHIBIT G JAN 30 1014
RECEIVED - PLANNING
Item E&F13
RESOLUTION NO. 14-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2013-01025,A REQUEST TO MODIFY CONDITIONAL USE
PERMIT 87-06 TO EXTEND THE HOURS OF OPERATION FOR A BAR
AND GRILL WITHIN THE NEIGHBORHOOD COMMERCIAL (NC)
DEVELOPMENT DISTRICT, LOCATED AT 9740 19TH STREET; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10.
A. Recitals.
1. HK's Bar and Grill filed an application for the issuance of Conditional Use Permit
DRC2013-01025 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 12th day of February, 2014, 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 February 12, 2014, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 3,700 square foot in-line tenant space within a
commercial center with 21 other tenants including anchor Stater Brother's Market and is located on
the northeast corner of Archibald Avenue and 19th Street; and
b. To the north is the 210 Freeway; to the south (across 19th Street) is single-family
development within the Low Medium (LM) Development District; to the east is a multi-family
development within the Medium High (MH) Development District; and to the west (across
Archibald Avenue)is a multi-family development within the Low Medium(LM)Development District;
and
C. The applicant's purchased Peppers Restaurant on April 18,2013 and changed the
name to HK's Bar and Grill. They have since renovated the interior of the restaurant and created a
new menu. The business continues to operate under Pepper's CUP (87-06), which requires that
they close by 11:00 p.m., 7 days per week. The applicant is requesting to extend the hours of
operation and to add live entertainment(DRC2013-01027).
Item E&F14
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025- HK'S BAR AND GRILL
February 12, 2014
Page 2
d. HK's Bar and Grill operates a full-service restaurant serving lunch and dinner. They
will have approximately 19 employees with 9 employees working on the largest shift; and
e. The applicant's Security Plan has been reviewed and accepted by the
Rancho Cucamonga Police Department; and
f. A full menu will be served at all times that alcoholic beverages are served; and
g. The center has a 29 parking space deficit with the current tenant makeup. The
applicant's tenant space has continually been used as a restaurant since 1987 and is busiest
evenings when many of the neighboring office uses are closed. For this reason, Staff feels that
continuing the existing use will not negatively impact the other tenants in the center and there will be
adequate parking for all the uses on the site.
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 allowed within the applicable zoning district and complies with
all other applicable provisions of the Zoning Code,Municipal Code,General Plan,and any applicable
Specific Plans or City regulations/standards. In that, the operation of a bar in conjunction with a
restaurant is permitted within the Neighborhood Commercial (NC) Development District with the
approval of a Conditional Use Permit.
b. The site is physically suited for the type,density,and intensity of the proposed use
including access, utilities,and the absence of physical constraints and can be conditioned to meet all
related performance criteria and development standards. In that,the commercial center in which the
site is located was designed for a wide variety of commercial uses including restaurants with bars.
C. Granting the application would not be detrimental to the public, health, safety,
morals, or welfare, in that the applicant has provided a Security Plan to regulate the operation of the
restaurant and bar to limit any negative effects on the public.
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 entails increasing the hours of operation and permitting entertainment for
an existing restaurant and bar with no expansion or major changes to the existing building. 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 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 each and every condition set forth below
and in the standard conditions attached hereto and incorporated herein by this reference:
Item E&F15
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025-HK'S BAR AND GRILL
February 12, 2014
• Page 3
Planning Department
1) Approval is to expand the hours of operation of a 3,700 square foot
restaurant and bar at 9740 19th Street-APN: 1076-011-10.
2) Changes to the approved Site Plan, Floor Plan,and/or expansion of the
approved hours of operation requires prior approval of the Planning
Manager or Planning Commission.
3) The approved hours of operation are Sundays through Wednesdays
from 9:30 a.m.to 12:00 a.m. (Midnight)and from 9:30 a.m.to 2:00 a.m.
Thursdays through Saturdays.
4) The business may also stay open until 2:00 a.m. for the following
holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco
de Mayo, Memorial Day,4th of July, Labor Day,Thanksgiving Day, and
Christmas Day.
5) The full-restaurant menu shall be available at all times that alcoholic
beverages are served. The service of alcoholic beverages shall cease
a minimum of 30 minutes prior to the approved closing time.
® 6) 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).
7) 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.
8) 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.
9) All signs shall comply with Chapter 17.74 (Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program#11.
10) 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.
•
Item E&F16
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025-HK'S BAR AND GRILL
February 12, 2014
Page 4
11) No modifications to the Floor Plan or intensification of the use shall be
permitted without prior review and approval by the Planning
Commission.
12) The applicant shall obtain all necessary permits from the Building and
Safety Services Department and the Rancho Cucamonga Fire
Protection District prior to operation.
13) This application (Conditional Use Permit DRC2013-01025) shall be
brought back to the Planning Commission for review within 6 months of
the date of the approval.
Alcohol Service:
14) The applicant must use an identity card scanner(ID Scanner) anytime
the premises is selling alcoholic beverages and has entertainment as
defined by the Development 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. The business will
provide the ID Scanner records to law enforcement upon request.
15) 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 of their hand that readily identifies them as a
person who can be served an alcoholic drink.
16) Patrons who appear obviously intoxicated shall not be served any
alcoholic beverages.
17) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating"All you can drink for..."or similar
language.
18) There shall be no "stacking" of drinks, i.e., more than one drink at a
time, to a single patron.
19) 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.
20) The sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
21) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift.
Item E&F17
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025-HK'S BAR AND GRILL
February 12, 2014
Page 5
22) 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
60 days from date of employment to obtain a L.E.A.D. certification or
equivalent.
23) 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.
24) 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
25) Any patron who (1) fights or challenges another person to fight, (2)
maliciously and willfully disturbs another person by loud or unreasonable
noise, or(3)uses offensive words which are inherently likely to provoke
an immediate violent reaction shall be removed from the premises.
26) 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.
27) 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.
28) 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 the patio
Item E&F18
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025-HK'S BAR AND GRILL
February 12, 2014
Page 6
areas. Steps shall be taken by the licensee to discourage unauthorized
exiting.
29) 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.
30) Contract security services shall be familiar with the establishment's
Written security policy and procedures; by reviewing them and signing
they have read and understood the policy. The signed
acknowledgement shall be kept in a file relating to the security manual.
31) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of
Rancho Cucamonga business license.
Fire District/Buildina and Safety Services 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 12TH DAY OF FEBRUARY 2014
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Frances Howdyshell, Chairman
ATTEST:
Candyce Burnett, Secretary
Item E&F19
PLANNING COMMISSION RESOLUTION NO. 14-10
CONDITIONAL USE PERMIT DRC2013-01025-HK'S BAR AND GRILL
February 12, 2014
• Page 7
I, Candyce Burnett, Secretary of the Planning Commission for 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 12th day of February by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
•
Item E&F20
COMMUNITY DEVELOPMENT
is DEPARTMENT
STANDARD
CONDITIONS
PROJECT#: DRC2013-01025
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: HK'S BAR AND GRILL
LOCATION: 9740 19TH STREET—APN: 1076-011-10
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City,
its agents, officers, or employees, because of the issuance of such approval, or in the
alternative, to relinquish such approval. The applicant shall reimburse the City, its agents,
officers, or employees, for any Court costs and attorney's fees which the City, its agents,
officers, or employees may be required by a court to pay as a result of such action. The City
may, at its sole discretion, participate at its own expense in the defense of any such action
but such participation shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 14-10 or Approval
Letter, 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 Manager hearing.
a) Notice of Exemption -$50 X
•
1
Item E&F21
Project No. DRC2013-01025
Completion Date
B. Time Limits
1. Any approval shall expire if Building Permits are not issued or approved use has not
commenced within 5 years from the date of approval or a time extension has been granted.
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which
include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign
program, and grading�on file in the Planning Department, the conditions contained herein,
and the Development Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Planning Manager.
3. Occupancy of the facilities shall not commence until such time as all California Building Code
and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Services Department to show compliance. The buildings shall be inspected for compliance
and final acceptance granted prior to occupancy.
4. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Manager 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, Specific Plans and/or
Master Plans in effect at the time of Building Permit issuance.
2
Item E&F22
•
RESOLUTION NO. 14-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT DRC2013-01027,A REQUEST TO PROVIDE ENTERTAINMENT
INCLUDING LIVE MUSIC AND A DISC JOCKEY AT HK'S BAR AND GRILL
WITHIN THE NEIGHBORHOOD COMMERCIAL(NC) DEVELOPMENT
DISTRICT LOCATED AT 974019TH STREET;AND MAKING FINDINGS IN
SUPPORT THEREOF—APN: 1076-011-10.
A. Recitals.
1. HK's Bar and Grill filed an application for the issuance of Entertainment Permit
DRC2013-01027 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 12th day of February, 2014, 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 February 12, 2014, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 3,700 square foot inline tenant space within a
commercial center with 21 other tenants including anchor Stater Brothers Market and is located on
the northeast corner of Archibald Avenue and 191h Street; and
b. To the north is the 210 Freeway; to the south (across 19th Street)is single-family
development within the Low Medium (LM) Development District; to the east is a multi-family
development within the Medium High (MH) Development District; and to the west (across
Archibald Avenue)is a multi-family development within the Low Medium(LM)Development District;
and
C. Live music and DJ's are proposed from 6:00 p.m.to 11:30 p.m., Sundays through
Wednesdays and from 6:00 p.m. to 1:00 a.m. Thursdays through Saturdays. The live music will
consist of bands with up to four members playing pop, country, and acoustic music. The DJ's will
play recorded music with a focus on classic rock and pop music. The Site Plan includes a
145 square foot dance floor adjacent to the stage and the bar area. No admission will be charged
for the entertainment. In addition to the live entertainment, the applicant also proposes having
• four electronic dart board games, an electronic golf game and a jukebox.
Item E&F23
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027- HK'S BAR AND GRILL
February 12, 2014
.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 conduct of the establishment or the granting of the application is consistent to
the public health, safety, morals or welfare. The applicant has provided a Security Plan and
conditions have been imposed to ensure the proper service of alcohol to patrons and the building
complies with all applicable Fire and Building Codes.
b. The premises or establishment is likely to be operated in a legal,proper and orderly
manner. The applicant has submitted a Business Plan that includes a Security Plan that has been
reviewed and accepted by the Police Department to minimize potential negative activities and
nuisance impacts.
C. Granting the application would not create a public nuisance. The applicant has
applied for this Entertainment Permit and provided all required documents to allow for an in-depth
review of the proposed business operation. Further,with the inclusion of the Conditions of Approval,
potential negative activities and nuisance impacts will be controlled and minimized.
d. The normal operation of the premises would not interfere with the peace,and quiet of
any surrounding residential neighborhood. The project is in excess of 1,000 feet from the nearest
residence and conditions have been imposed to ensure that the establishment will comply with the
Performance Standards set forth in Section 17.66.050 G of the Development Code and will not
create adverse impacts upon adjacent uses.
e. The applicant has not made any false, misleading, or fraudulent statement of
material fact in the required application. 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. In that, the project consists of permitting entertainment in a restauranttbar with no
expansion of the existing tenant space. Staff finds that there is no substantial evidence that the
project will have a significant effect on the environment. The Planning Commission has reviewed the
Planning Department's determination of exemption, and based on its own independent judgment,
concurs in the staffs determination of exemption.
5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3,and 4 above,this
Commission hereby approves the application, subject to each and every condition set forth below
and in the standard conditions attached hereto and incorporated herein by this reference:
Item W24
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027-HK'S BAR AND GRILL
February 12, 2014
• Page 3
Planninq Department
1) Approval is for live entertainment in conjunction with a 3,700 square foot
restaurant and bar at 9740 19th Street-APN: 1076-011-10.
2) The approved entertainment is limited to live music with dancing with up
to four musicians, DJ's playing recorded music, five electronic game
machines, and a jukebox. Expansion of the types of entertainment
provided or intensity requires prior Planning Commission approval.
3) All conditions of approval for Conditional Use Permit DRC2013-01025
shall apply.
4) Site security shall conform to the submitted Security Plan and the
conditions outlined in this Resolution of Approval.
5) The approved hours of operation for the entertainment shall be limited to
between 6:00 p.m. and 11:30 p.m. on Sundays through Wednesdays
and between 6:00 p.m. and 1:00 a.m. from Thursdays through
Saturdays.
6) Entertainment may also be provided until 1:00 a.m. on the following
• holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco
de Mayo, Memorial Day,4th of July, Labor Day,Thanksgiving Day, and
Christmas Day.
7) All entertainment shall be conducted inside the building.
8) All doors and windows shall remain closed when entertainment is
provided for noise attenuation purposes.
9) Adult entertainment, as defined in Section 17.128.020 of the
Development Code, is not permitted.
10) A minimum of one duly licensed, certified or trained, and regularly
employed security guard from a reputable security firm as approved by
the Rancho Cucamonga Police Department shall be required to be on
the premises during the hours of entertainment as defined in Condition
No. 5. The guard shall be in peace officer attire and shall remain on
duty in the parking area and outside of the adjacent areas of the facility
to avert problems such as loud noise, disorderly conduct from patrons,
or anyone in the parking lot, loitering activities, and any other nuisances
or disturbances.
11) The 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
Item E&F25
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027-HK'S BAR AND GRILL
February 12, 2014
Page 4
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.
12) Any patron who (1) fights or challenges another person to fight,
(2) maliciously and willfully disturbs another person by loud or
unreasonable noise, or (3) uses offensive words which are inherently
likely to provoke an immediate violent reaction shall be removed from
the premises.
13) 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.
14) 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.
15) 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:
16) 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).
17) 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:
18) 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.
Item E&F26
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027-HK'S BAR AND GRILL
February 12, 2014
• Page 5
19) If operation of this Entertainment Permit causes adverse effects upon
the 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.
20) This Entertainment Permit application DRC2013-01027 shall be brought
back to the Planning Commission for review within 6 months of the date
of approval.
21) 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.
22) 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.
23) All signs shall.comply%kith Chapter 17.74(Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program#119.
24) Security personnel required by the Entertainment Permit issued for the
• licensed premises shall be in a uniform or clothing that is readily
identifiable as a security person. The uniform of the security guards
shall have the word "Security" clearly visible on it. 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.
25) 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.
26) Contract security services shall be familiar with the establishment's
written security policy and procedures; by reviewing them and signing
they have read and understood the policy. The signed
acknowledgement shall be kept in a file relating to the security manual.
•
Item E&F27
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027-HK'S BAR AND GRILL
February 12, 2014
Page 6
27) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of
Rancho Cucamonga Business License.
28) All managers, bartenders, and servers shall complete the Licensee
Education on Alcohol and Drugs (LEAD) Program offered by the
California Department of Alcohol Beverage Control within 60 days of
being hired.
Fire District/Building and Safety Services Department
1) Any proposed Floor Plan,seating,occupancy and/orfumishing 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 12TH DAY OF FEBRUARY 2014
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Frances Howdyshell, Chairman
ATTEST:
Candyce Burnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission for 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 12th day of February by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Item E&F28
COMMUNITY DEVELOPMENT
• DEPARTMENT
. STANDARD RD
CONDITIONS
PROJECT#: DRC2013-01027
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: HK'S BAR AND GRILL
LOCATION: 9740 19TH STREET-APN: 1076-011-10
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Data
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. 14-11 or Approval
Letter, 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 Manager hearing.
a) Notice of Exemption -$50 X
•
1
Item E&F29
Project No. DRC2013-01027
Completion Date
B. Time Limits
1. Any approval shall expire if Building Permits are not issued or approved use has not
commenced within 5 years from the date of approval or a time extension has been granted.
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which
include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign
program, and grading on file in the Planning Department, the conditions contained herein,
and the Development Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Planning Manager.
3. Occupancy of the facilities shall not commence until such time as all California Building Code
and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Services Department to show compliance. The buildings shall be inspected for compliance
and.final acceptance granted prior to occupancy.
4. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Manager 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, Specific Plans and/or
Master Plans in effect at the time of Building Permit issuance.
2
Item E&F30
�°` SIGN-IN SHEET
o PLANNING COMMISSION MEETING
RANCHO FEBRUARY 12, 2014
CUCAMONGA _
NAME COMPANY ADDRESS/EMAIL
C�LNC�/^\��
HK's Bar and Grill,
Conditional Use Permit DRC2013-01025
Entertainment Permit DRC2013-01027
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Time Line
• April 181h, 2013 — Purchased Pepper's Restaurant and changed the name to HK's Bar and Grill
• Operated the business under Pepper's Conditional Use Permit (87-06) which requires that they
close at 11 :00 p.m., 7 days per week
• Remodeled the interior of restaurant and added a new menu
• Submitted Conditional Use Permit and Entertainment Permit requesting to extend the closing time
from 11 :00 p.m. to 2:00 a.m., 7 days per week with live entertainment and DJ's
• Met with staff to discuss the proposed closing time and agreed to reduce the requested operating
hours Sunday — Wednesday to 12:00 a.m. (except on the holidays listed in Resolution of Approval)
Cir
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Hours of Operation
• Restaurant - 9:30 a . m . to 12:00 a. m . Sunday — Wednesday
and 9:30 a. m . to 2 :00 a. m . Thursday — Saturday
• Entertainment - 6:30 p. m . to 11 :30 p. m . Sunday —
Wednesday and 6:30 p. m . to 1 :00 a. m . Thursday -
Saturday
.t'
(Dim C A
... . ................. .................. ................. ................. ... .........
...........
,Business Operation
• Full service restaurant with bar serving distilled spirits
• Nine employees on the largest shift
• Entertainment to include live music (up to 4 performers),
DJ's and electronic games (dart board , golf and juke box)
-- ----- ---------------
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Conditions of Approval
• Security plan
• L. E .A. ® training
• I . ®. scanner
• Alcohol sales to cease 30 minutes prior to closing time
• Full menu available when alcohol is served
• Six month review by Planning Commission
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Staff recommends that the Planninq Commission approve:
• Conditional Use Permit DRC2013-01025
• Entertainment Permit DRC2013-01027
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