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Home My WebLink About19-36 - ResolutioinRESOLUTION NO. 19-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2018-00700, A REQUEST FOR LIVE ENTERTAINMENT TO INCLUDE A BAND OF UP TO THREE MUSICIANS OR A STAND-UP COMIC/TRIVIA GAME HOST WITH AMPLIFIED SOUND IN CONJUNCTION WITH AN EXISTING RESTAURANT, THE STACKZ CO LOCATED AT 9223 ARCHIBALD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-541-12. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Emerson Raygor filed an application for the issuance of Entertainment Permit DRC2018-00700, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 12th day of June 2019, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing on June 12, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 9223 Archibald Avenue which is part of a contiguous industrial/commercial center with an approximate street frontage of 260 feet on Archibald Avenue and lot depth of approximately 630 feet on 6th Street and is presently improved with 6 pad buildings; and b. The properties to the north, south, and east of the subject site are located within the General Industrial (GI) District. The properties to the west (across Archibald Avenue) are located within the Low (L) Residential District. C. The applicant proposes to provide entertainment consisting of up to three musicians or a stand-up comic/trivia game host with amplified sound; and PLANNING COMMISSION RESOLUTION NO. 19-36 ENTERTAINMENT PERMIT DRC2018-00700 — EMERSON RAYGOR June 12, 2019 Page 2 d. The operating hours of the existing restaurant are from 11:00 a.m. to 9:00 p.m., Monday through Saturday. Entertainment is proposed for Monday through Saturday from 6:00 p.m. to 9:00 p.m. with only one type of entertainment occurring per night; and e. The applicant will continue to verify the legal drinking age of patrons prior to selling and serving alcohol, follow the terms of their existing Type 41 License, and abide by all California Department of Alcohol Beverage Control policies; and 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent apartment complex; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301, Existing Facilities as the project consists of a minor change in the operations of an existing business. Additionally, the project does not propose any alteration or expansion to any structure. Staff finds there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to the attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 12TH DAY OF JUNE 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. ENTERTAINMENT P�JMIT DRC2018-00700 — EMERSON RAYGOR June 12, 2019 ///, Page 3 �2 U M ATTEST: Tony Matt Ourris, Planning Commission Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of June 2019, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANCHO CUCAMONGA Project #: DRC2018-00700 Community Development Department Project Name: EDR - The Stackz Co. Location: 9223 ARCHIBALD AVE - 020921132-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT; Planning Department Please be advised of the following Special Conditions 1. If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible modification, suspension or revocation of the permit. 2. 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. 3. 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. 4. Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment. (Definition of ID Scanner: An ID Scanner automates and documents the age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information should be recorded on a device separate from a personal cell phone and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 5. 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. 6. 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. 7. Approval is for live entertainment consisting of up to three musicians or a comic or a trivia game host with amplified sound at an existing restaurant, The Stackz Co, located at 9223 Archibald Avenue, Unit H. 8. Any modification of intensification of the use such as a revision to the days and hours of entertainment, any improvements such as the construction of a physical stage and/or dance floor, and/or other modifications/intensifications beyond what is specifically approved by this entertainment permit shall require review and approval by the Planning Director and/or Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of activity, and/or issuance of a Business License 9. The days and hours of operation for the entertainment shall be limited to between 6:00 pm and 9:00 pm, Monday through Saturday. 10. Entertainment shall be limited to live music consisting of up to three musicians or a comic or a trivia game host with amplified sound. Only one type of entertainment may occur per night. www.CityotRC.us Printed: 5/22I2019 Project #: Project Name: Location: Project Type: DRC2018-00700 EDR - The Stackz Co. 9223 ARCHIBALD AVE - 020921132-0000 Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. - Planning Department Please be advised of the following Special Conditions 11. Adult Entertainment, as defined in Section 17.128.020 of the Development Code, is not permitted. 12. All entertainment activity shall be conducted inside the building. 13. While entertainment is being conducted all doors and windows shall remain closed for noise attenuation purposes. 14. 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). 15. The business operations shall be in compliance with the regulations and requirements of the California Department of Alcoholic Beverage Control that apply to Type 41 Liquor Licenses. 16. Dancing is a prohibited entertainment activity under this approval. Any formal or informal dancing activities are beyond the scope of this Entertainment Permit. Building and Safety Services Department Please be advised of the following Special Conditions 1. Do not block exit aisles or doors. Do not overload electrical system and do not increase the occupant load. Reduce the number of patrons based on the area used for entertainment. www.CityofRC.us Printed: 5/22/2019 pe9e 2 of 2