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HomeMy WebLinkAbout11-27 - Resolutions RESOLUTION NO. 11-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2011-00158, A REQUEST BY CHARLES JOSEPH ASSOCIATES FOR RA POUR TO ALLOW ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT/BAR, LOCATED AT 7900 KEW AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227- 464-15. 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 Ra Pour filed an application for the issuance of Entertainment Permit DRC2011-00158, 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 8th day of June 2011 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 8, 2011, 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 7900 Kew with a street frontage of 102 feet and lot depth of 57 feet and is presently improved with a commercial building; and b. The property to the north of the subject site is developed and zoned Mixed Use, Victoria Gardens; the property to the south is developed and zoned Mixed Use,Victoria Gardens;the property to the east is developed and zoned Mixed Use; Victoria Gardens, and the property to the west is a parking lot and zoned Mixed Use, Victoria Gardens; and C. The Entertainment as proposed is detailed in the attached copy of the Applicant's Mission Statement and Concept Description. The description states in part; "... band entertainment which may include Jazz, acoustical bands, cover bands, and in House DJ. ... as the music is designed to create ambiance and provide canned music or musical operations that compliment the atmosphere for high class socialization, rather than a 'night club'." Dancing is proposed as indicated on the attached Floor Plan; and PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 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. 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 or 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. This action is within the scope of the project reviewed in an Environmental Impact Report(EIR) (State Clearinghouse No. 20010301028) prepared for Development Agreement 01-02, Victoria Community Plan Amendment 01-01, and Tentative Parcel Map SUBTPM15716. Said EIR was certified by the City Council on February 20, 2002, and no additional environmental review for the discretionary actions mentioned in this notice is required pursuant to Public Resources Code Section 21166. The Planning Commission has reviewed the Planning Department's determination, and based on its own independent judgment, concurs in the staff's determination. 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: Planning Department 1) This approval is only for entertainment which may include"Jazz, acoustical bands, cover bands, and in House DJ. with the music designed to create ambiance and provide canned music or musical operations that compliment the atmosphere for high class socialization, rather than a'night club'." Dancing is permitted only within the confines of the dance floor area specified on the attached Floor Plan currently shown as 393 square feet. Any change of intensity or type of entertainment shall require a modification to this permit. PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 Page 3 2) The days and hours of operation for the entertainment shall be limited to 11:00 a.m. to 2:00 a.m. Sunday through Saturday. Any expansion of days and/or hours shall require modification to this permit. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 4) Entertainment shall be conducted inside the building. 5) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 6) 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. 7) Access to the lounge/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." 8) 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. 9) 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. 10) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 11) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm shall be required to be on the premises from 8:00 p.m. until the parking area on the west side of the building 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. 12) 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 PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 Page 4 expense in the defense of any such action but such participation shall not relieve the applicant of his obligations under this condition. 13) The entertainment shall not be intensified without Planning Commission review and approval. The restaurant shall operate and be maintained in accordance with the Floor Plan as shown in the Staff Reportfor DRC2011- 00158 and as attached to this Resolution (Attachment A) and hereby referenced in the Conditions of Approval. 14) Total occupancy of the restaurant including the exterior patio dining area shall be limited to 283 persons including employees. Security 1) 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. 2) 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. 3) 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. 4) The City of Rancho Cucamonga Police Department may require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. 5) 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 PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 Page 5 Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 6) 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 aboutthe 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. 7) Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security 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. 8) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 9) 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 minimum 30 day library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. 10) The owner or manager of the licensed premises shall notify the City of Rancho Cucamonga Police Department at least three(3)days in advance of a special promotion or special event scheduled at the licensed premises. Special promotion shall be defined as "an event expecting more than the usual attendance which may create congestion in the parking lot (vehicles and pedestrians) or large number of persons waiting to enter the establishment." . Fire DistricUBuilding & 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. 2) Fire Standard Conditions are attached in document dated March 9, 2011. PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 Page 6 COMMERCIAL STANDARD CONDITIONS If construction will be proposed the following conditions will apply A. General Requirements: 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., SUBTT, SUBTPM, CUP, DRC, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. 6. The building and site must comply with the disable access and facility regulations of the 2010 CA Building Code (CBC) B. Site Development: 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DRC2003-00110 and SUBTPM16125). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 Page 7 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 4. Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter). C. New Structures: 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistive construction. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Openings in exterior walls shall be protected in accordance with CBC. 4. Upon plan review, additional requirements may be needed. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8th DAY OF JUNE 2011. PLANNING CO OFT TY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Ja s R. Troyer, AICP, Secr6tary I, James R. Tro r,AICP, 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 PLANNING COMMISSION RESOLUTION 11-27 ENTERTAINMENT PERMIT DRC2011-00158 - RA POUR June 8, 2011 Page 8 adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of June 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE r 111111 IJ 111111 .' . . 1111111 0 J +s '� 1 iii na �,�� �, �•� IIIIIIIIIIIIIIIIIEM !11 ■ 1� ►ACI �\\\N1\\\\\\\1�\\\\\\\\ " 110\\\��\������ � \�\\\�\�yvvy\vvvvvvvr��\\\�������\\vvvvvv°, ,� , - � �� ■�© -�% �♦ �♦ � �► ♦ ♦ - �J it i i ♦ i ����L�.��u�t�-i►�-rte o . r� �D� ��'al■■\�/1 _�� ��.L��i■■!=�■� E�■n�■wt■■■■■■� a, �J9,,,i i ■�IC��<rd■■■■■I. I :; - !r■rr_■.n■ . 7r■7■.T.7G�1 1 :,. ■ ■ u r �j � v v � I�i� �■�(■■'r■■ I■■1ff, ■��■■�i■■ � �; ��i II■��j II 1111 ■r■ ■r■I 1\II �■9 'g'll L. Z�c 15 ?;sill J L 11 M1111111 11 a Rancho Cucamonga Fire Protection District Fire Construction Services REVIEW COMMENTS Incompleteness March 9, 2011 Ra Pour 7900 Kew PMT2011-00157, 158 & 182 Fire Construction Services has reviewed your plans submitted for: Conditional Use Permit (CUP), Entertainment Permit (EP) & Minor Development Review (MDR). This project review was based on the plans submitted which reflect an e new restaurant business in a building previously used as a restaurant. The project has been determined to be incomplete because 1. The fire/water feature must be described in detail, 2. The outdoor dining area lack detail on the plans and 3. The scope of the entertainment was not defined on the plans. When the above outstanding Fire District issues have been resolved, your project will be deemed complete by the Fire District and with the approval from all of the other city departments; it may advance to the next step in the process. Please revise the type of construction of the building a type "II c" is not a proper classification. The outdoor patio area appears to have a large patio sliding door between the dining and patio; this door cannot be used as required exit from the dining room to the patio. Please analyze the exit paths from the interior of the restaurant to the required exit doors. Calculate the occupant load for all areas of the restaurant in accordance with the 2010 CA Building Code. Indicate if the patio slider is new or existing. The rear exit door appears to have an egress path requiring several directional exit signs and emergency illumination, please illustrate on the plans the required exit signs. If you have any questions please contact Moises Eskenazi, Senior Fire Plans Examiner at (909) 477-2710 Extension 4209 or at moises.eskenazi a,cityofrc.us