HomeMy WebLinkAbout14-11 - Resolutions RESOLUTION NO. 14-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT DRC2013-01027, A REQUEST TO PROVIDE ENTERTAINMENT
INCLUDING LIVE MUSIC AND A DISC JOCKEY AT HK'S BAR AND GRILL
WITHIN THE NEIGHBORHOOD COMMERCIAL(NC) DEVELOPMENT
DISTRICT LOCATED AT 974019TH STREET;AND MAKING FINDINGS IN
SUPPORT THEREOF —APN: 1076-011-10.
A. Recitals.
1. HK's Bar and Grill filed an application for the issuance of Entertainment Permit
DRC2013-01027 as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Entertainment Permit request is referred to as "the application."
2. On the 12th day of February, 2014, 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.
3. 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 February 12, 2014, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 3,700 square foot inline tenant space within a
commercial center with 21 other tenants including anchor Stater Brothers Market and is located on
the northeast corner of Archibald Avenue and 191h Street; and
b. To the north is the 210 Freeway; to the south (across 19th Street) is single-family
development within the Low Medium (LM) Development District; to the east is a multi-family
development within the Medium High (MH) Development District; and to the west (across
Archibald Avenue) is a multi-family development within the Low Medium(LM) Development District;
and
C. Live music and DJ's are proposed from 6:00 p.m. to 11:30 p.m., Sundays through
Wednesdays and from 6:00 p.m. to 1:00 a.m. Thursdays through Saturdays. The live music will
consist of bands with up to four members playing pop, country, and acoustic music. The DJ's will
play recorded music with a focus on classic rock and pop music. The Site Plan includes a
145 square foot dance floor adjacent to the stage and the bar area. No admission will be charged
for the entertainment. In addition to the live entertainment, the applicant also proposes having
four electronic dart board games, an electronic golf game and a jukebox.
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027 - HK'S BAR AND GRILL
February 12, 2014
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. The conduct of the establishment or the granting of the application is consistent to
the public health, safety, morals or welfare. The applicant has provided a Security Plan and
conditions have been imposed to ensure the proper service of alcohol to patrons and the building
complies with all applicable Fire and Building Codes.
b. The premises or establishment is likely to be operated in a legal, proper and orderly
manner. The applicant has submitted a Business Plan that includes a Security Plan that has been
reviewed and accepted by the Police Department to minimize potential negative activities and
nuisance impacts.
C. Granting the application would not create a public nuisance. The applicant has
applied for this Entertainment Permit and provided all required documents to allow for an in-depth
review of the proposed business operation. Further,with the inclusion of the Conditions of Approval,
potential negative activities and nuisance impacts will be controlled and minimized.
d. The normal operation of the premises would not interfere with the peace and quiet of
any surrounding residential neighborhood. The project is in excess of 1,000 feet from the nearest
residence and conditions have been imposed to ensure that the establishment will comply with the
Performance Standards set forth in Section 17.66.050 G of the Development Code and will not
create adverse impacts upon adjacent uses.
e. The applicant has not made any false, misleading, or fraudulent statement of
material fact in the required application. Staff has reviewed the submitted documents and found
them to be accurate.
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. In that, the project consists of permitting entertainment in a restaurant/bar with no
expansion of the existing tenant space. 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 COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027- HK'S BAR AND GRILL
February 12, 2014
Page 3
Planning Department
1) Approval is for live entertainment in conjunction with a 3,700 square foot
restaurant and bar at 9740 19th Street - APN: 1076-011-10.
2) The approved entertainment is limited to live music with dancing with up
to four musicians, DJ's playing recorded music, five electronic game
machines, and a jukebox. Expansion of the types of entertainment
provided or intensity requires prior Planning Commission approval.
3) All conditions of approval for Conditional Use Permit DRC2013-01025
shall apply.
4) Site security shall conform to the submitted Security Plan and the
conditions outlined in this Resolution of Approval.
5) The approved hours of operation for the entertainment shall be limited to
between 6:00 p.m. and 11:30 p.m. on Sundays through Wednesdays
and between 6:00 p.m. and 1:00 a.m. from Thursdays through
Saturdays.
6) Entertainment may also be provided until 1:00 a.m. on the following
holidays: New Year's Eve, Valentine's Day, Saint Patrick's Day, Cinco
de Mayo, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and
Christmas Day.
7) All entertainment shall be conducted inside the building.
8) All doors and windows shall remain closed when entertainment is
provided for noise attenuation purposes.
9) Adult entertainment, as defined in Section 17.128.020 of the
Development Code, is not permitted.
10) 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 during the hours of entertainment as defined in Condition
No. 5. The guard shall be in peace officer attire and shall remain on
duty in the parking area and outside of the 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.
11) The 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
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027- HK'S BAR AND GRILL
February 12, 2014
Page 4
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.
12) Any patron who (1) fights or challenges another person to fight,
(2) maliciously and willfully disturbs another person by loud or
unreasonable noise, or (3) uses offensive words which are inherently
likely to provoke an immediate violent reaction shall be removed from
the premises.
13) 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.
14) 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.
15) 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.
16) 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).
17) 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.
18) 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.
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027- HK'S BAR AND GRILL
February 12, 2014
Page 5
19) If operation of this Entertainment Permit causes adverse effects upon
the 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.
20) This Entertainment Permit application DRC2013-01027 shall be brought
back to the Planning Commission for review within 6 months of the date
of approval.
21) 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.
22) 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.
23) All signs shall comply&th Chapter 17.74 (Sign Regulations for Private
Property) of the Development Code and Uniform Sign Program #119.
24) Security personnel required by the Entertainment Permit issued for the
licensed premises shall be in a uniform or clothing that is readily
identifiable as a security person. The uniform of the security guards
shall have the word "Security' clearly visible on it. 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.
25) 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.
26) Contract security services shall be familiar with the 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 a file relating to the security manual.
PLANNING COMMISSION RESOLUTION NO. 14-11
ENTERTAINMENT PERMIT DRC2013-01027- HK'S BAR AND GRILL
February 12, 2014
Page 6
27) Prior to utilizing a contract security guard company, the establishment
shall verify the security company has a current City of
Rancho Cucamonga Business License.
28) 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 60 days of
being hired.
Fire District/Building and Safety Services 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.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2014
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Urance Howdyshell, hairman
ATTEST:
Candyce Burnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission for 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 February by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
. STANDARD CONDITIONS
PROJECT #: DRC2013-01027
SUBJECT: ENTERTAINMENT PERMIT
APPLICANT: HK'S BAR AND GRILL
LOCATION: 9740 19TH STREET—APN: 1076-011-10
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. Copies of the signed Planning Commission Resolution of Approval No. 14-11 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 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 Manager hearing.
a) Notice of Exemption - $50 X
1
Project No. DRC2013-01027
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 project site or business activity being commenced thereon, all
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. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Manager review and approval prior to the issuance of Building Permits.
5. Approval of this request shall not waive compliance with all sections of the Development
Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or
Master Plans in effect at the time of Building Permit issuance.
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