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HomeMy WebLinkAbout10-25 - Resolutions RESOLUTION NO. 10-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2010-00189, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS DANCING, BANDS, AND KARAOKE IN CONJUNCTION WITH A 4,368 SQUARE FOOT FULL SERVICE RESTAURANT AND BAR LOCATED NORTH OF THE 210 FREEWAYAND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE -APN 0201-272-06; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21, 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Charles Joseph Associates, on behalf of the owner Stacey Wendler,filed an application for the issuance of Entertainment Permit No. DRC2010-00189, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Entertainment Permit request is referred to as "the application." 3. On the 23rd day of June, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on June 23, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the property to the east is an existing condominium complex in the Medium High Residential zoning district, and the property to the west is an existing shopping center in the Neighborhood Commercial District; and PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00188 June 23, 2010 Page 2 C. The conduct of the establishment will not be detrimental to the public health,safety, or welfare or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require onsite security during the hours of entertainment and ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and C. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 3 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any new construction, only the modification of the hours of operations and interior floor plan for an existing restaurant. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference: Planning Department 1) Approval is. hereby granted to Stacey Wendler, owner, for an Entertainment Permit which includes live entertainment such as dancing, bands, and karaoke in conjunction with a 4,368 square foot full service restaurant and bar located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue -APN 0201-272-06. 2) This approval is only for karaoke, dancing, and up to a 4-member band with limited amplification. Any change of intensity or type of entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursdays between the hours of 8:00 p.m. and 12:30 a.m., and Fridays and Saturdays between the hours of 8:00 p.m. and 1:30 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) At no time shall there be more than two (2) days of bands each week during the hours and days defined in Condition #3. 5) The days and hours of entertainment shall be permitted to extend to 1:30 a.m.for the following holidays: New Year's Eve, Labor Day, Memorial Day, and Saint Patrick's Day. 6) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the property be sold or ownership transferred, a new Entertainment Permit must be reviewed and issued by the Planning Commission to the new owner. 7) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 4 8) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 9) Entertainment shall be conducted inside the building. 10) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 11) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 12) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 13) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses,or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 14) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 15) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security Issues: 16) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm as approved by the Rancho Cucamonga Police Department shall be required to be on the premises from 8:00 p.m. until the parking lot is cleared after the conclusion of any entertainment. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 17) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 5 18) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or(3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 19) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance' means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 20) Security personnel required by the entertainment permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code)to correct objectionable conditions that constitute a nuisance. 21) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing' handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons;warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 22) Contract security services shall be familiar with establishment's written security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in file relating to the security manual. PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 6 23) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 24) Install a closed circuit television system capable of readily identifying facial features, and stature of all patrons entering the establishment during hours of a nightclub type operation. Cameras are to be recorded and a library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. Fire District/Building & Safety Department 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: 2- Ja s R. Troyer, AICP, Secretary I, James R. Troyer,ACID, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2010-00189 SUBJECT: ENTERTAINMENT PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES, on the behalf of the owner, STACEY WENDLER LOCATION: 6321 HAVEN AVENUE -APN 0201-272-06 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. SC-12-08 1 I:\PLANNING\FINAL\PLNGC0MM\2010 Res & Stf Rpt\DRC2010-00189 Strict Cond 6-23 .doc Project No.DRC2010-00188 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. C. Shopping Centers 1. Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00189 Stnd Cond 6-23 .doc