HomeMy WebLinkAbout15-05 - Resolutions RESOLUTION NO. 15-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. DRC2014-00915, A REQUEST TO ESTABLISH
ALCOHOLIC BEVERAGE SALES (TYPE 47 - ON-SALE GENERAL FOR
BONA FIDE PUBLIC EATING PLACE) IN CONJUNCTION WITH THE
EXISTING VICTORIA GARDENS AMC 12 MOVIE THEATER, IN THE
REGIONAL CENTER (RC) DISTRICT OF THE VICTORIA PLANNED
COMMUNITY, LOCATED AT 12600 NORTH MAINSTREET; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 109053105.
A. Recitals.
1. American Multi-Cinema, Inc., filed an application for the issuance of Conditional Use
Permit No. DRC2014-00915, 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 28th day of January 2015, 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 January 28, 2015, 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 12600 North Mainstreet which is
presently improved with the AMC 12 Theater within the Victoria Gardens Shopping Center; and
b. The property to the north and east of the subject site is improved with a parking
lot, and the property to the south and west is improved with existing commercial buildings; and
C. The AMC 12 Theater encompasses approximately 61,283 square feet and
features 2,190 seats distributed among 12 auditoriums; and
d. The application proposes to upgrade the existing concession area to provide
expanded food and non-alcoholic beverage options. A separate area, to be known as
"MacGuffins" will be located apart from the general concession area, and will sell alcoholic drinks
(wine, beer, and spirits). Patrons will then be able to take their purchased food and drinks to their
seats in the auditoriums.
PLANNING COMMISSION RESOLUTION NO. 15-05
DRC2014-00915 -AMERICAN MULTI-CINEMA, INC
January 28, 2015
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 proposed use is allowed within the applicable zoning district and complies
with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any
applicable Specific Plans or City regulations/standards. The Commercial Standards of the
Victoria Community Plan permit movie theaters in the Regional Center (RC) District and
Conditionally Permitted Uses listed under the General Commercial District of the Development
Code. Development Code Section 17.30.030 (and Table 17.30.030-1) permits Restaurants with
Full Liquor Service in the General Commercial (GC) District, subject to the approval of a
Conditional Use Permit. The sale of alcoholic beverages at a theater, in connection with its
restaurant component, is substantially compatible with other land uses in the vicinity and is
consistent with General Plan Policy LU-1, which encourages commercial centers to provide a
broad range of retail service needs for the community.
b. The site is physically suited for the type, density, and intensity of the proposed
use including access, utilities, and the absence of physical constraints and can be conditioned to
meet all related performance criteria and development standards. The existing AMC 12 Theater
occupies a building that was developed in conformance with all Development Code standards
and conditions of approval have been imposed to ensure that the use will comply with the
Performance Standards set forth in Development Code Section 17.66 and will not create adverse
impacts upon adjacent uses or within the community.
C. Granting the permit would not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to persons, property, or improvements in the
vicinity in which the project is located. The design of the project, including a separate concession
area for the service of alcohol, the applicant's operational controls and policies, and the conditions
of approval will ensure proper control over the service of alcohol to patrons.
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, because the project involves the expansion of the theater
concession areas and the sale of alcoholic beverages inside the existing AMC 12 Theater and
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 staff's 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
the attached Conditions of Approval, attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 15-05
DRC2014-00915 -AMERICAN MULTI-CINEMA, INC
January 28, 2015
Page 3
BY: 1
,;&,,z_ Ravenel Wimberly, Chairman
ATTEST: 0_'l 1:��
Candyc B rnett, 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 28th day of January 2015, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
jtANcxo
CUCAMONCA Community Development Department
Project#: DRC2014-00915
Project Name: ALCOHOL SALES ///AMC VICTORIA GARDENS
Location: 12600 NORTH MAINSTREET - 109053105-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.-
A.
ROJECT:A. Planning Department
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. Approval is granted to establish alcoholic beverage sales (Type 47 - On-Sale General for Bona
Fide Public Eating Place) in conjunction with the existing Victoria Gardens AMC 12 Movie Theater, in
the Regional Center (RC) District of the Victoria Planned Community, located at 12600 North
Mainstreet.
3. Any patron in possession of an alcoholic beverage who appears to be under the age of 21 shall be
required to show valid identification.
4. If operation of this Conditional Use Permit causes adverse effects upon adjacent residences,
businesses, or operations including, but not limited to, noise, loitering, parking, disturbances,
excessive demand on public services, or violation of ABC requirements, or if any of the Conditions of
Approval are not fulfilled properly, the Conditional Use Permit shall be brought before the Planning
Commission for consideration and possible suspension, modification, or revocation.
5. The days and hours of operation of alcoholic beverage sales shall be limited to 10:30 a.m. to 12:30
a.m., seven days a week.
6. Prior to any use of the project site floor area, all Conditions of Approval shall be completed to the
satisfaction of the Planning Director.
7. In connection with the sale of alcohol, associates shall require positive proof of age from all guests,
regardless of age.
8. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.
Management and security shall be responsible for ensuring that patrons with alcohol do not leave the
premises.
9. Employees and contract security personnel shall not consume any alcoholic beverages during the
work shift.
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Project#: DRC2014-00915
Project Name: ALCOHOL SALES ///AMC VICTORIA GARDENS
Location: 12600 NORTH MAINSTREET - 109053105-0000
Project Type: Conditional Use Permit .
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
A. Planning Department
10. 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.
11. 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.
12. 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.
13. 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.
14. Occupancy of the project floor area 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.
15. The theater shall employ a sufficient number of management and security personnel to enforce
the requirements of the City, Sheriff, ABC, and AMC. If issues arise, the theater operator shall hire
additional security at the request of the City and or Sheriffs Department. All security personnel shall
be familiar with establishment's conditions of approval and 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.
16. Prior to utilizing a contract security guard company, the establishment shall verify the security
company has a current City of Rancho Cucamonga Business License.
17. The applicant shall 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 a minimum of 30
days for inspection by the City of Rancho Cucamonga Police Department.
18. Patrons who appear obviously intoxicated shall not be served any alcoholic beverages.
19. The site shall be developed and maintained in accordance with the approved plans which include
Site Plan and floor plan on file in the Planning Department, the conditions contained herein, the
Development Code regulations, the Victoria Gardens Master Plan, and the Victoria Community Plan.
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Project#: DRC2014-00915
Project Name: ALCOHOL SALES ///AMC VICTORIA GARDENS
Location: 12600 NORTH MAINSTREET - 109053105-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
A. Planning Department
20. No more than one (1) alcoholic beverage shall be sold or served to any one (1) person during any
transaction. There shall be no "stacking" of drinks, i.e., sale of more than one drink at a time, to a
single patron.
21. 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 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.
22. 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.
23. 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.
24. Alcoholic beverages shall be served in distinctive glassware to differentiate from glassware
containing non-alcoholic beverages.
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 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.
26. The applicant must use an identity card scanner (ID Scanner) anytime the premises is selling
alcoholic beverages. (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.
27. 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.
28. Wrist bands shall be provided and worn by all persons aged 21 and older to purchase an
alcoholic beverage. The wrist band shall be worn at all times while the patron is handling,
transporting, and consuming an alcoholic beverage while at the premises.
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Project#: DRC2014-00915
Project Name: ALCOHOL SALES ///AMC VICTORIA GARDENS
Location: 12600 NORTH MAINSTREET- 109053105-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.-
A.
ROJECT.A. Planning Department
29. The on-site manager of the business shall take whatever steps are deemed necessary to assure
the orderly conduct of employees, patrons, and visitors on the premises. This includes, 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.
30. All sales and service of alcohol for consumption shall be made only from the "MacGuffins"
concession stand; no portable stands or bars, or fixed bars shall be utilized, and beverages shall not
be sold, served, or delivered to customers.
31. The theater manager shall require security personnel or theater staff to monitor individual
theatres a minimum of once every 30 minutes, or if issues arise then at an interval acceptable to the
City and Sheriffs Department.
32. Copies of the signed Planning Commission Resolution of Approval No. and Conditions of
Approval shall be included on the plans (full size) submitted for plan check. The sheets are for
information only to all parties involved in the construction activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
33. 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 Alcoholic Beverage
Licenses (On-Sale General for Bona Fide Public Eating Place).
34. Should any minor found to be in possession of an alcoholic beverage, the theater's manager
shall be notified immediately and the Rancho Cucamonga Sheriffs Department shall be called
immediately.
35. A clearly legible copy of all Conditional Use Permit conditions of approval shall be posted
alongside the necessary business license and shall be visible at all times to employees.
Management and security shall ensure that all employees abide by the Conditions of Approval.
36. 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.
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