HomeMy WebLinkAbout11-32 - Resolutions RESOLUTION NO. 11-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT NO. DRC2010-00188M,A REQUEST TO MODIFY CONDITIONAL
USE PERMIT DRC2010-00188 TO MODIFY THE HOURS OF OPERATION
FOR AN EXISTING 4,368 SQUARE FOOT FULL SERVICE RESTAURANT
AND BAR INCLUDING A 377 SQUARE FOOT OUTDOOR PATIO
LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF LEMON
AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT
6321 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF
—APN: 0201-272-06.
A. Recitals.
1. Charles Joseph Associates on behalf of McAlan's Pub and Grill filed an application for
the issuance of Conditional Use Permit No. DRC2010-00188M, 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 25th day of May 2011, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and continued said hearing
to the June 22, 2011 meeting date.
3. On the 22nd day of June 2011, the Planning Commission and concluded the public
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 May 25, 2011, and June 22, 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 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. 11-32
DRC2011-00188M
June 22, 2011
Page 2
C. The subject site has a General Plan land use designation of Neighborhood
Commercial. The proposed use is in accordance with General Plan Policy which encourages
commercial centers to provide a broad range of retail and service needs for the community. With
the modifications of the hours of operation of the restaurant including the applicable conditions,the
restaurant can expand its services and attract a wider range of residents to the shopping center;and
d. The proposed use 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
ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire
and Building Codes; and
e. The proposed use complies with each applicable provision of the Development
Code as the use occupies an existing building that is in conformance with the Development Code as
it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure
that the use 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.
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 in accord with the General Plan, the objectives of the
Development Code, and the purposes of the district in which the site is located.
b. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
c. The proposed use complies with each of the applicable provisions of the
Development Code.
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, because the project does not result in any new construction, only
the modification of the hours of operation 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 Standard Conditions and the Security Plan attached hereto and incorporated
herein by this reference.
PLANNING COMMISSION RESOLUTION NO. 11-32
DRC2011-00188M
June 22, 2011
Page 3
Planning Department
1) Approval is hereby granted for the modification of Conditional Use
Permit DRC2010-00188M including modifications to the hours of
operation for an existing 4,368 square foot full service restaurant and
bar including a 377 square foot outdoor patio located north of the 201
Freeway and south of Lemon Avenue within the Neighborhood
Commercial District at 6321 Haven Avenue -APN: 0201-272-06.
2) The days and hours of operation shall be limited to 9:00 a.m. to
2:OOa.m, seven days a week.
3) The sale and consumption of alcohol shall.cease no less than thirty
(30) minutes before the closing times as indicated in Condition #2.
4) 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.
5) No modification to the floor plan or intensification of the use shall be
permitted without prior review and approval by the Planning
Commission.
Alcohol Service
6) Applicant must use an identity card scanner(ID Scanner) anytime the
premises is selling alcoholic beverages, and has entertainment as
defined by Section 5.12 of the Municipal Code. (Definition of ID
Scanner: An ID Scanner automates and documents the age of
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.
7) 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 their hand that readily identifies them as a
person who can be served an alcoholic drink.
8) Patrons who appear obviously intoxicated shall not be served any
alcoholic beverages.
9) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "Buy one drink, get one free."
"Two for the price of one," or "All you can drink for..." or similar
language.
PLANNING COMMISSION RESOLUTION NO. 11-32
DRC2011-00188M
June 22, 2011
Page 4
10) There shall be no "stacking" of drinks, i.e., more than one drink at a
time, to a single patron.
11) 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.
12) The sale of alcoholic beverages for consumption off the premises is
strictly prohibited.
13) Employees and contract security personnel shall not consume any
alcoholic beverages during the work shift.
14) 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
representatives of the City of Rancho Cucamonga Police Department.
New employees will have 90 days from date of employment to obtain
L.E.A.D. certification or equivalent.
15) 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.
16) 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 issues
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.
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
PLANNING COMMISSION RESOLUTION NO. 11-32
DRC2011-00188M
June 22, 2011
Page 5
immediately adjacent area that is owned, leased, or rented by the
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) 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
person; 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.
21) 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 the security manual.
22) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of Rancho
Cucamonga business license.
23) Maintain a closed circuit television system capable of readily identifying
facial features and stature of all patrons entering the establishment
during hours of 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.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTES
*esTroyer, AICP, Secretary
PLANNING COMMISSION RESOLUTION NO. 11-32
DRC2011-00188M
June 22, 2011
Page 6
I, James R. Troyer,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
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 22nd day of June 2011, by the following vote-to-wit: .
AYES: COMMISSIONERS: FLETCHER,iiOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NON821."
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
McAlans Pub & Grill
Received By: Rancho Cucamonga Planning Department 6/1/11
SECURITY
Job Description: To maintain a safe, secure, and friendly environment for the
guests as well as the staff.
Job Duties:
1. Greeting the guest
• A simple friendly warm greeting "Hello how is your night going?" May I see your ID?
Also thank the guest because without them we would not have a job!
• Be nice and courteous being rude is not acceptable.
• If a guest appears to be intoxicated turn them away or get a manager for approval.
2. Checking ID'S:
• Every person who enters the building must be 21 and must show valid proof of age.
• Swipe every ID with electronic ID checker if available.
• Pat down or wand every guest with metal detector check all guests for weapons.
Acceptable forms of Identification: (Assuming the person is the same as on the ID)
Level 1 - Obvious 21 Level 2 - Suspicious may need manager approval
• California Drivers License (Level 1)
• California Identification Card (Level 1)
• Out of state drivers license (level 1)
• Out of state Identification Card (Level 2)
• Military ID (Level 2)
• Passport (Level 2)
We DO NOT accept:
• Check cashing cards
• School ID'S
• Expired ID'S
Anything out of the ordinary should go through a manager:
• Birth Certificates with a picture Id.
• Temporary ID
• International ID'S
If you at any time purposely let in a minor or take cash to get a person in or to the
front of the line you will be TERMINATED on the spot.
Page 1 of 4
McAlans Pub & Grill
Received By: Rancho Cucamonga Planning Department 6/1/11
BE AWARE people are going to try to pass bogus or someone else's ID to get in, if you
are not comfortable with the ID don't argue with the person just explain to them you
need a 2nd opinion and call a manager.
3. Dress Code:
• Dress code is a tool we use to weed out the undesirables and keep the problem
people out.
NO Entry with any of the following:
Over sized baggy clothing
Workout attire
Gang or Prison Tattoo's
Du rags
Shirts without sleeves
Gang affiliated attire
Tank Tops
4. Maintaining Occupancy Count: Max capacity for this location is 204
• Doorman is responsible for keeping an occupancy count using 2 tally counters 1-in 2-
out.
• At no time do we exceed max capacity. A supervisor should be notified 25 people prior
to reaching max capacity or if there is a discrepancy in the count.
• A manager needs to be notified ASAP when police or Fire Dept. arrive, assist in
anyway possible.
S. Maintaining Your Station:
• Stations are rotated every 1/2 hour.
• Keep visual or radio contact with other door hosts
• Look for Hot Areas
Hot Areas:
Cover charge
Overcrowded Areas
Spills or broken glass
Dance Floor
Bathrooms
Big parties
Dance Podiums
Parking lot
6. Problem with Guests:
Page 2 of 4
McAlans Pub & Grill
Received By: Rancho Cucamonga Planning Department 6/1/11
• Any patron who does any of the following shall be removed from the premise
• 1 fights or challenges another person to fight.
• 2 maliciously and willfully disturbs another person by loud or unreasoned noise
• 3 uses offensive words which are inherently likely to provoke an immediate violent
reaction
Serious Issues:
Fighting both parties leave (not at the same time)
Drugs using or selling
Vandalism
Throwing up
Theft
Fraud
Under 21 fake ID
Sneaking in Alcohol
Smoking
7. Closing Time:
• Last call is 1:30, lights on music off at 1:40, politely ask guests to leave the building
• Work to close out sections of the club starting with the back room, dance floor etc.
• 2-4 inside, 2 at the front door, 1 at side door and 2-4 outside.
• No alcohol is to leave the building
• Give time for guests to finish their drinks
• Don't yell or swear at guests to get them to leave
• Goal is to have everyone out of the building by 2am.
8. Closing Time in the Parking Lot:
• Politely ask guest to Ieave.DO NOT get into an argument over them not leaving
quickly.
• Parking lot must be cleaned 100% of trash, bottles, vomit, or urine.
• If altercation breaks out in the parking lot between guests DO NOT jump in to break it
up until help arrives.
• Get license plate of cars that are involved in altercations or accidents, always fill out
an incident report first thing.
• Goal is to have all guests out of the parking lot by 2:15am.
9. Other Duties:
• Maintain clean restrooms
• Empty trash cans when full
• Picking up empty bottles, glasses & trash
• Cleaning up the parking lot
• Brining in patio furniture and signage
11. 3 Cardinal Rules of Security:
Page 3 of 4
McAlans Pub & Grill
Received By: Rancho Cucamonga Planning Department 6/1/11
• Do Not ever hit or strike a patron
• Do Not ever exceed the occupancy load
• Do Not ever let a minor inside the facility
12. Security Attire:
• Security personnel are 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.
13. Incident Log:
• An incident log shall be maintained on premise on a continual basis with at least one
year of entries and be readily available for inspection by police department.
• 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.
Security Affidavit
I have read the rules and understand all the policies
regarding security at McAlan's Pub & Grill. I understand that I may be held personally
liable for any damages that are a result of my negligence of the policies set forth.
X
Employee Date
Page 4 of 4
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00188M
SUBJECT: MODIFICATION OF NON-CONSTRUCTION CONDITIONAL USE PERMIT
APPLICANT: CHARLES JOSEPH ASSOCIATES FOR MCALANS PUB & GRILL
LOCATION: 6321 HAVEN AVENUE
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.
C. Shopping Centers
1. Graffiti shall be removed within 72 hours.
SC-12-08 1
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Project No.DRC2010-00188M
Completion Date
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. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only."
4. 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.
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