HomeMy WebLinkAbout15-54 - Resolutions RESOLUTION NO. 15-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
ENTERTAINMENT PERMIT NO. DRC2014-01040, A REQUEST FOR
LIVE ENTERTAINMENT IN CONJUNCTION WITH A CELTIC THEMED
PUB AND EATERY, LOCATED AT 12770 FOOTHILL BOULEVARD; AND
MAKING FINDINGS IN SUPPORT THEREOF -APN: 109060111.
A. Recitals.
1. Winfund Management, for Tilted Kilt Pub and Eatery filed an application for the
issuance of Entertainment Permit No. DRC2014-01040, 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 22nd day of July 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 July 22, 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 12770 Foothill Boulevard, which is
part of a contiguous commercial center of approximately 51, 700 square feet with a street frontage
of 540 feet and lot depth of 550 feet and is presently improved with 10 restaurant buildings and 2
retail buildings; and
b. To the north of the subject site is a multi-family residential complex. To the south
of is a multi-tenant commercial center. To the east is a liquor store and vacant property. To the
west is a church; and
C. The applicant proposed to provide entertainment consisting of karaoke, DJ, live
bands and amplified comedy performances in the north east corner of the restaurant as outlined
on the floor plan. Dancing will not be allowed. The restaurant's primary entertainment is derived
from broadcasting live sports events on televisions installed throughout the restaurant,which does
not require an Entertainment Permit. The purpose of obtaining an Entertainment Permit is to have
live entertainment as a"fill in" option during times when there are few or no televised sports events
available.; and
PLANNING COMMISSION RESOLUTION NO. 15-54
EP DRC2014-01040
July 22, 2015
Page 2
d. The restaurant serves a full menu of items typical of a full-service restaurant; and
e. The operating hours of the restaurant are from 11:00 a.m. to 2:00 a.m., 7 days a
week. Under the terms of their Conditional Use Permit DRC2014-00600, alcohol service ends at
1:30 am. Entertainment is proposed to be offered up to 7 days a week from 7:00 p.m. until
1:00 a.m.
f. The applicant has submitted a security plan that designates 2 security guards
will be onsite during entertainment events with ID scanners for age verification. They also have
conducted Licensee Education on Alcohol and Drugs (LEAD) training offered by the California
Department of Alcoholic Beverage Control (ABC) to staff to prevent over serving or under-age
serving of alcohol.
g. The Rancho Cucamonga Police Department has reviewed the application and
supporting documents and has no objections to adding entertainment to the existing use.
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 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 the surrounding commercial center and adjacent apartment complex; and
e. That 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 consists of allowing for live entertainment that does not require an
expansion or significant change to the existing pad building. Staff finds that 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.
PLANNING COMMISSION RESOLUTION NO. 15-54
EP DRC2014-01040
July 22, 2015
Page 3
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 the attached conditions of approval
and incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22 DAY OF July 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
Ravenel Wimberly, Chairman
ATTEST:
Candyce 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 22nd day of July 2015, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL,OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
]�wcsio Community Development Department
CUCAMoticA
Project#: DRC2014-01040
Project Name: Tilted Kilt Pub and Eatery Entertainment Permit
Location: 12770 FOOTHILL BLVD - 109060111-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. Special events held outside the building are not permitted under this Entertainment Permit. A
Temporary Use Permit is required for any such event.
2. Approval is for live entertainment consisting of live bands, DJ, karaoke and amplified comedy, within
an established restaurant with bar, located at 12770 Foothill Boulevard.
3. Any modification of intensification of the use such as a revision to the days and hours of
entertainment, any improvements such as the expansion of the stage and/or dance floor, and/or
other modifications/i ntensifications beyond what is specifically approved by this entertainment
permit shall require review and approval by the Planning Director and/or Planning Commission prior
to submittal of documents for plan check/occupancy, construction, commencement of activity,
and/or issuance of a Business License
4. The days and hours of operation for the entertainment shall be limited to between 7:00 p.m. and
1:00 a.m. seven days a week.
5. Entertainment shall be limited to live bands, DJ, karaoke and amplified comedy. Dancing is
prohibited.
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.
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 modification, 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.
www.CityofRC.us
Printed:7/9/2015
Project#: DRC2014-01040
Project Name: Tilted Kilt Pub and Eatery Entertainment Permit
Location: 12770 FOOTHILL BLVD- 109060111-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
15. All conditions of approval for Conditional Use Permit DRC2014-00600 shall apply.
16. All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the
Development Code and Uniform Sign Program #207.
17. Business 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.
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.
22. The uniform of the security guards shall have the word "Security" clearly visible on it.
23. 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.
24. 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.
25. No external public address or speaker systems shall be utilized during any entertainment event to
allow patrons on the patio to hear inside events.
Standard Conditions of Approval
www.CityofRC.uS
Printed:7/92015 Page 2 of 3
Project#: DRC2014-01040
Project Name: Tilted Kilt Pub and Eatery Entertainment Permit
Location: 12770 FOOTHILL BLVD- 109060111-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
26. 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.
27. The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the
Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or
within 5 days of the date of project approval.
Fire Prevention / New Construction Unit
Standard Conditions of Approval
1. The occupant load shall not be increased without the approval of the Fire Marshal. If reconfiguring
of the the Floor layout is required, the applicant must submit for review and approval of the new floor
layout before reconfiguration is started.
Pnnted:71912015 w .CityofRC.uS
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