HomeMy WebLinkAbout13-53 - Resolutions RESOLUTION NO. 13-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT DRC2013-00563, A REQUEST TO PROVIDE LIVE
ENTERTAINMENT COMPRISED OF KARAOKE, LIVE BANDS, AND
DANCING WITHIN AN EXISTING RESTAURANT OF ABOUT 5,300
SQUARE FEET IN THE INDUSTRIAL PARK(IP) DISTRICT, INDUSTRIAL
COMMERCIAL OVERLAY DISTRICT (ICOD), LOCATED AT 11849
FOOTHILL BOULEVARD, UNIT A;AND MAKING FINDINGS IN SUPPORT
THEREOF —APN: 0229-012-22.
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. Steve Rawlings, on behalf of 909 Sports Bar& Grill, Inc., dba 909 Pub & Grill, filed an
application for the issuance of Entertainment Permit DRC2013-00563 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 13th day of November, 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 November 13, 2013 including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a tenant space located within Masi Plaza, a commercial
complex of about 1,030,000 square feet(23.6 acres)that is about 1,250 feet(east to west) by about
915 feet (north to south) located at the southwest corner of Foothill Boulevard and Rochester
Avenue; and
b. The complex is divided by two minor streets, Masi Drive and Sebastian Way, into
two (2) parts. The larger, 15-acre part is generally rectangular in shape and is bound by Foothill
Boulevard to the north and Rochester Avenue to the east, with the minor streets on the west and
south, respectively; and
PLANNING COMMISSION RESOLUTION NO. 13-53
ENTERTAINMENT PERMIT DRC2013-00563-STEVE RAWLINGS FOR 909 SPORTS GRILL INC.
November 13, 2013
Page 2
C. The complex is comprised of numerous buildings with a combined floor area of
about 267,500 square feet. The specific location of the project site is one of the in-line tenant
spaces at 11849 Foothill Boulevard, Unit A, in the largest building that is situated in the center of the
complex; and
d. To the north of the subject commercial/office complex is a commercial center. To
the east is a legally, non-conforming residence and a commercial/office complex. To the south is
the Epicenter and Adult Sports Complex operated by the City of Rancho Cucamonga. To the west
there is a vacant property, an industrial building, and a restaurant; and
e. The commercial/office complex is zoned Industrial Park (IP) District, Industrial
Commercial Overlay District(ICOD). The properties to the west is zoned Industrial Park(IP)District
while the properties to the south are zoned General Industrial (GI) District. The properties to the
east are zoned Industrial Park (IP) District and General Commercial (GC) District; and
f. Tropica Restaurant and Barwas granted the approval to operate under Conditional
Use Permit DRC2011-00673 on September 27, 2011. The business license for that restaurant
expired on November 27, 2012 and, as a result,was presumed to be closed. The tenant space was
verified as vacant during an inspection by the Business License Department on April 18, 2013. 909
Sports Grill, Inc. (dba 909 Pub & Grill) is currently operating a restaurant with a bar under this
Conditional Use Permit. Per the Development Code, all permits and entitlements expire when a
business is closed for more than one calendar year. Their business license to operate the
restaurant with the bar was approved within this one-year timeframe in August 2013 following receipt
of confirmation that they will comply with the conditions of approval of the existing Conditional Use
Permit and described in Resolution No. 11-18; and
g. The applicant, on behalf of 909 Sports Grill, Inc., proposes to provide entertainment
consisting of large screen televisions, live music, dancing, and karaoke to complement their
restaurant and bar. The televisions will be mounted throughout the dining and bar area. The live
music will range from solo musicians to five-piece bands who will perform on a stage of 108 square
feet near the bar area. Dancing will be in an area of about 84 square feet immediately in front of the
stage-the two (2)tables located there will be moved to make room during the hours when there is
entertainment. Karaoke also will be performed on this stage when there are no live music
performances; and
h. The floor plan that was originally approved under Conditional Use Permit
DRC2011-00673 was revised to meet the current applicant's business plan but is substantially
similar. The principal dining area is located near the front of the restaurant while the bar and
associated seating/service areas are located in the middle of the restaurant. An office, the kitchen,
and restrooms comprise the remainder of the restaurant's floor area. With the exception of the
addition of the stage, the floor plan of the restaurant will not be altered by the addition of
entertainment; and
i. The restaurant will serve a full menu of items, i.e. the menu includes a variety of
food that is typical of a full-service restaurant; and
PLANNING COMMISSION RESOLUTION NO. 13-53
ENTERTAINMENT PERMIT DRC2013-00563-STEVE RAWLINGS FOR 909 SPORTS GRILL INC.
November 13, 2013
Page 3
j. There will be eight (8) to (10) employees per shift. This number does not include
the security guards; and
k. The operating hours of the restaurant and bar are currently between 11:00am and
12:00 a.m. (midnight) Monday through Thursday, and between 11:00 a.m. and 1:00 a.m. Friday
through Sunday. This is consistent with the hours of operation that were approved under the
original Conditional Use Permit. The hours when live entertainment will be provided are proposed to
be between 8:00 p.m. and 12:00 a.m. (midnight) on Thursday, between 8:00 p.m. and 1:00 a.m.
Friday and Saturday, and between 11:00 a.m. and 1:00 a.m. on Sunday; and
I. There will be two (2) licensed security guards on the premises when live music is
performed. One of these security guards will be posted outside the restaurant to monitor activity in
the parking lot and general vicinity. The applicant submitted a security plan that describes the
procedures for the use of force, incident report writing, firearms/weapons, and the uniforms for
security staff, door policy, and security rules. The Police Department reviewed this plan and
generally accepted the procedures as submitted subject to revisions; and
m. The applicant has indicated that all managers, bartenders, and servers will
complete the Licensee Education on Alcohol and Drugs (LEAD) Program offered by the California
Department of Alcohol Beverage Control within 30 days of being hired.
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 and the granting of the application is consistent to
the public health, safety, morals or welfare; and
b. The premises or establishment is likely to be operated in an legal, proper or orderly
manner; and
C. Granting the application would not create a public nuisance; and
d. That the normal operation of the premises would not interfere with the peace and
quiet of any surrounding residential neighborhood; and
e. 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 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 is for entertainment consisting of large screen televisions, live music,
dancing, and karaoke at an existing restaurant and bar; no expansion or significant change to the
PLANNING COMMISSION RESOLUTION NO. 13-53
ENTERTAINMENT PERMIT DRC2013-00563—STEVE RAWLINGS FOR 909 SPORTS GRILL, INC.
November 13, 2013
Page 4
existing tenant space is proposed. 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:
Planning Department
1) Approval is for live entertainment comprised of karaoke, live bands and
dancing within an existing restaurant of about 5,300 square feet in the
Industrial Park (IP) District, Industrial Commercial Overlay District
(ICOD), located at 11849 Foothill Boulevard, Unit A; APN: 0229-012-
22.
2) The modifications to the site and interior of the building shall be as
shown on the plans received by the City on September 25, 2013 and as
shown in the Floor Plan as Exhibit D in the Staff Report for DRC2013-
00563, dated November 13, 2013, and as attached to this Resolution as
Attachment A, and hereby referenced in the Conditions of Approval.
Any revisions shall be subject to the review and approval of the Planning
Manager and/or Planning Commission.
3) Any modification or intensification of the use such as a revision to the
days and hours of entertainment, any improvements such as expansion
of the stage and/or dance floor, and/or other modifications/intensification
beyond what is specifically approved by this Entertainment Permit shall
require the review and approval by the Planning Manager and/or
Planning Commission prior to submittal of documents for plan
check/occupancy, construction, commencement of the activity, and/or
issuance of a Business License.
4) The days and hours of operation for the entertainment shall be limited to
between 8:00 p.m. and 12:00 a.m. (midnight) on Thursday, between
8:00 p.m. and 1:00 a.m. Friday and Saturday, and between 11:00 a.m.
and 1:00 a.m. on Sunday.
5) Entertainment shall be limited to karaoke, live bands, and dancing.
6) Adult entertainment, as defined in Section 17.128.020 of the
Development Code, is not permitted.
7) All entertainment activity shall be conducted inside the building.
8) While entertainment is being conducted all doors and windows shall
remain closed for noise attenuation purposes.
PLANNING COMMISSION RESOLUTION NO. 13-53
ENTERTAINMENT PERMIT DRC2013-00563-STEVE RAWLINGS FOR 909 SPORTS GRILL, INC.
November 13, 2013
Page 5
9) 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).
10) 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.
11) 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.
12) 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.
13) 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.
14) 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.
15) All conditions of approval for Conditional Use Permit DRC2013-00673
shall apply.
16) All signs shall comply with Chapter 17.74 (Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program #125.
17) 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 and maintained for a minimum of thirty
(30) days. The business will provide the ID Scanner records to law
enforcement upon request.
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.
PLANNING COMMISSION RESOLUTION NO. 13-53
ENTERTAINMENT PERMIT DRC2013-00563—STEVE RAWLINGS FOR 909 SPORTS GRILL, INC.
November 13, 2013
Page 6
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 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.
21) 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.
Police Department
1) A minimum of eight (8) surveillance cameras shall be installed in the
premises as follows: two (2) at the bar area (one on each end); two (2)
in the primary dining areas; two (2) at the VIP bottle service areas; one
(1) at the front door; and one (1) at the stage.
2) The video recordings shall be of nothing less than NTSC 4SIF with a
minimum of 704X480 resolution. A minimum of 30 days surveillance
video shall be kept.
3) The uniform of the security guards shall have the word "Security"clearly
visible on it.
4) 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 30 days of
being hired.
Fire District/Building & Safety 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.
PLANNING COMMISSION RESOLUTION NO. 13-53
ENTERTAINMENT PERMIT DRC2013-00563—STEVE RAWLINGS FOR 909 SPORTS GRILL, INC.
November 13, 2013
Page 7
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2013
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: Nq
rances Howdysh II, Chairman
ATTEST: O'J'aN""�
Candyc urnett, 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 13th day of November by the following vote-to-wit:
• AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
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RANCHO CUCAMONGA.CA 91730 Flaar Plan
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COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
----.-EROJECT#: DRC2013400563---.--------- ---_._.___.
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: STEVE RAWLINGS FOR 909 SPORTS GRILL, INC.
LOCATION: 11849 FOOTHILL BOULEVARD, UNIT A-APN: 0229-012-22.
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
altemabve,'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. 13-50 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 confine 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
Project No. DRC2013-00563
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 Dro L.slte_or_business.activity_belag commenced-thereon-aN /_-!----
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. Approval of this request shall not waive compliance with all sections of the Development
Cade, all other applicable City Ordinances, and applicable Community, Specific Plans
and/or Master Plans In effect at the time of Building Permit Issuance.
5. All building numbers and individual units shall be identified in a clear and concise manner,
Including proper illumination and in conformance with Building and Safety Services
Department standards, the Municipal Code and the Rancho Cucamonga Fire Department
(RCFD)Standards.
D. 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. 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 65 dB during the hours of 10 p.m. unfit 7 a.m. and 70 dB during
the hours of 7 a.m. unfit 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