HomeMy WebLinkAbout18-01 - Resolution - Approval Entertainment Permit Allowing Live Entertainment, Located at 6321 Haven Avenue RESOLUTION NO. 18-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT NO. DRC2017-00734,A REQUEST FOR LIVE ENTERTAINMENT
TO INCLUDE LIVE BANDS WITH AMPLIFIED MUSIC, A DISC JOCKEY,
AND KARAOKE WITHIN AN EXISTING RESTAURANT WITHIN THE
NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN
AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF—APN:0201-
272-06.
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. Gaggles Inc., doing business as, Septembers Taproom and Eatery,filed an application
for the issuance of Entertainment Permit No. DRC2017-00734, 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 24th day of January 2018, 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 January 24, 2018 including written and oral staff reports,together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to an existing full-service restaurant with a bar in a single
tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the
north, Haven Avenue to the west, the State Route 210 Freeway to the south and an existing
condominium complex to the east. The single tenant building consists of an interior space of 4,368
square feet and a 377-square foot outdoor patio. The building is located directly on the southeast
corner of Haven Avenue and Lemon Avenue and is approximately 14 feet below the street grade of
Lemon Avenue. The shopping center is currently improved with multiple buildings, landscaping and
parking areas; and
b. The property to the north of the subject site is single-family residences,the property
to the south consists of the State Route 210 Freeway, the property to the east is developed with a
condominium complex, and the property to the west is a small commercial shopping center; and
PLANNING COMMISSION RESOLUTION NO. 18-01
ENTERTAINMENT PERMIT DRC2017-00734—GAGGLES, INC. (SEPTEMBERS TAPROOM AND
EATERY)
January 24, 2018
Page 2
c. The proposed use is in accordance with General Plan Policy LU-1.3 that
encourages commercial centers to provide a broad range of retail and service needs for the
community. With the addition of the restaurant and bar with outdoor dining to the shopping center,
the shopping center can expand its services and attract a wider range of residents; and
d. The applicant currently has a Conditional Use Permit(DRC2014-00678)in order to
operate a restaurant with a bar under a Type-47 Alcoholic Beverage Control license. The site also
has an outdoor dining area in which entertainment will not be provided. All entertainment will be
conducted within the building to minimize noise impacts to the surrounding uses; and
e. The conduct of the establishment or the granting of the application is
consistent to the public health, safety, morals or welfare as 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; and
f. The premises or establishment is likely to be operated in a legal, proper and orderly
manner as the applicant has included a security plan that has been reviewed and accepted by the
Police Department to minimize negative activities; and
g. Granting the application would not create a public nuisance as the applicant has
applied for this Entertainment Permit and provided all required documents to allow for an extensive
review of the proposed use along with the existing use; and
h. The normal operation of the premises would not interfere with the peace and quiet
of any surrounding residential neighborhood as the site sits 14 feet below Lemon Avenue 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; and
i. The applicant has not made any false, misleading, or fraudulent statement of
material fact in the required application as the applicant has provided an abundance of information
to the Planning Department and has been accessible through out this process.
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. The premises or establishment is not likely to be operated in an illegal, improper or
disorderly manner, as sufficient conditions have been imposed to ensure that security provisions are
in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and
c. That the applicant, or any person associated with him as principal or partner or in a
position or capacity involving partial or total control over the conduct of the business for which such
permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any
PLANNING COMMISSION RESOLUTION NO. 18-01
ENTERTAINMENT PERMIT DRC2017-00734—GAGGLES, INC. (SEPTEMBERS TAPROOM AND
EATERY)
January 24, 2018
Page 3
offense involving the presentation, exhibition, or performance of any obscene show of any kind or of
a felony or of any crime involving moral turpitude or has not had any approval, permit, or license
issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the
preceding 5 years.; and
d. That granting the application would not create a public nuisance; and
e. 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
f. 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 the Class 1 exemption under State CEQA Guidelines
Section15301- Existing Facilities, because the project does not result in any interior or exterior
alterations. 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 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
below and in the attached Standard Conditions incorporated herein by this reference:
Planning Department
1) Approval is hereby granted to Gaggles, Inc. for an Entertainment Permit
which includes live entertainment such as bands, a disc jockey and
karaoke in conjunction with a 4,368-square foot restaurant and bar with
entertainment and outdoor dining in the Neighborhood Commercial District,
located at the southeast corner of Haven Avenue and Lemon Avenue at
6321 Haven Avenue—APN: 0201-272-06.
2) This approval is only for Live Entertainment consisting of only Disc
Jockeys, Bands, or Karaoke in the designated area indicated on the
submitted plan. Any change of intensity or type of entertainment shall
require a modification to this permit.
3) The days and hours of operation for the entertainment shall be limited to
between Monday through Wednesday 6:00 p.m. to 10:00 p.m., Thursday
6:00 p.m. to 11:00 p.m., Friday and Saturday 6:00 p.m. to 1:00 a.m. and
Sunday 1:00 p.m. To 10:00 p.m. Any expansion of days and/or hours shall
require modification to this permit.
PLANNING COMMISSION RESOLUTION NO. 18-01
ENTERTAINMENT PERMIT DRC2017-00734—GAGGLES, INC. (SEPTEMBERS TAPROOM AND
EATERY)
January 24, 2018
Page 4
4) A minimum of eight (8) surveillance cameras shall be installed - a
combination of interior and exterior of the business, with the intent to
capture digital images of subjects entering, exiting, cash registers and
vehicle and pedestrian traffic approaching the business. Prior to issuance
of certificate of occupancy, the applicant shall contact the Rancho
Cucamonga Police Department for an inspection of the security cameras.
5) The Entertainment Permit shall be subject to a follow-up review by the
Planning Commission within 6 months of the date of the Resolution of
Approval for this Entertainment Permit in order to verify the compliance
with all applicable conditions of approval.
Fire District/Buildinq & Safety Department
1) The maximum number of occupants shall not exceed building and fire
codes. The maximum occupancy for each room shall be posted as
determined by the Rancho Cucamonga Fire Protection District and/or the
City's Fire Prevention Unit Department. Maintain the occupant load as
previously approved.
2) Access to the entertainment area must be from the main entrance to the
primary use and not from a separate exterior entrance. Other exits shall be
for"Fire Exit Only."
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2018.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxac , Chairman
ATTEST:
Candyce Burnett, ec etary
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 24th day of January 2018, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 18-01
ENTERTAINMENT PERMIT DRC2017-00734—GAGGLES, INC. (SEPTEMBERS TAPROOM AND
EATERY)
January 24, 2018
Page 5
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
teaCrr- .
Conditions of Approval
L,t7C.AMC3NGA O Community Development Department
Project#: DRC2017-00734
Project Name: EDR -Gaggles, Inc. dba Septembers Taproom & Eatery
Location: 6321 HAVEN AVE - 020127206-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic
beverages and has entertainment as defined by the Municipal Code. (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 shall record and timestamp the name, identification number, and date
of birth on the identity card provided by patrons. This information shall be recorded and maintained
for a minimum of thirty (30) days. The business shall provide the ID scanner records to law
enforcement upon request.
2. All fake ID's shall be confiscated and turned in to the Rancho Cucamonga Police Department, within
a timely manner, not to exceed 30 days from the date of confiscation.
3. Security personnel 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. 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.
4. 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.
5. Contract security services shall be familiar with the establishment's written security policy and
procedures; by reviewing them and signing that they have read and understood the policy. The
signed acknowledgement shall be kept in a file relating to the security manual.
6. Prior to utilizing a contract security guard company, the establishment shall verify that the security
company has a current business license with the City of Rancho Cucamonga.
www.CityofRC.us
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Project#: DRC2017-00734
Project Name: EDR -Gaggles, Inc. dba Septembers Taproom & Eatery
Location: 6321 HAVEN AVE - 020127206-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
7. Install a closed-circuit television system capable of readily identifying facial features and stature of
all patrons entering the establishment during hours of entertainment.
Video recordings of surveillance cameras shall be nothing less than NTSC (National Television
System Committee, the NTSC is the analog video color format used to broadcast television signals)
standards, with a minimum of 1080p resolution. A minimum of 90 days surveillance video shall be
kept and relinquished upon request by the City of Rancho Cucamonga, the Sheriff's Department, or
a designated agent. The applicant(s) or on-site manager(s) shall maintain the recording system and
cameras in working condition.
8. The applicant or on-site manager, shall post a prominent, permanent sign stating, "NO LOITERING
IS ALLOWED ON OR IN FRONT OF THESE PREMISES" in a place that is clearly visible to patrons
of the premises. The sign shall fit the requirements as set forth by the City of Rancho Cucamonga.
9. At each public entrance/ exit to or from the patio, which leads to an unlicensed adjacent property,
there shall be clearly marked signs stating, "REMOVAL OF ALCOHOLIC BEVERAGES FROM
PATIO AREA IS PROHIBITED."
10. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the
licensee(s) shall be removed or painted over within 72 hours of being applied.
11. No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.128.020,
shall be permitted.
12. An entertainment permit may be transferred or assigned to another person or business entity at the
same physical location, provided there is no intensification of the originally approved entertainment
use. Any request for transfer of an entertainment permit due to change in ownership shall be
submitted in writing to the Planning Director.
13. 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.
14. Entertainment shall be conducted inside the building.
15. When entertainment is being conducted, doors and windows shall remain closed for noise
attenuation purposes.
16. Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during
the hours from 10 p.m. to 7 a.m.
17. 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.
18. It is the responsibility of the business owner/manager to ensure that any persons conducting
entertainment at the establishment shall contact the City of Rancho Cucamonga and obtain a
business license.
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Project#: DRC2017-00734
Project Name: EDR- Gaggles, Inc. dba Septembers Taproom & Eatery
Location: 6321 HAVEN AVE - 020127206-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the
same period. The licensee shall at all times maintain records which reflect separately the gross
sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall
be kept no less frequently than on a quarterly basis and shall be made available to the Rancho
Cucamonga Police Department, City of Rancho Cucamonga and / or Department of Alcoholic
Beverage Control on demand.
20. Full and complete meals must be offered and made available at all times the premises is exercising
the privileges of its alcoholic beverage license, with the exception of the last '/z hour of operation
each day.
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. This permit shall be renewed annually by the applicant per Development Code Section 17.20.020 G.
23. The entertainment shall not be intensified without Planning Commission review and approval. The
restaurant shall operate and be maintained in accordance with the Floor Plan submitted.
24. A minimum of two duly licensed, certified or trained, and regularly employed security guards from a
reputable security firm shall be required to be on the premises any time entertainment is being
conducted until the parking lot is cleared after the conclusion of any entertainment. The security
staff shall be in the approved attire stated in the security plan and shall remain on duty in the
parking area and outside 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.
25. Applicant or on-site manager, shall actively monitor the area under their control in an effort to
prevent the loitering of persons on any property adjacent to the licensed premises, and take
reasonable steps to correct objectionable conditions that constitute a nuisance.
26. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of persons on or about the parking lot.
Additionally, the position of such lighting shall not disturb the normal privacy and use of any
neighboring residence.
27. 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.
28. 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.
29. 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 or City staff. The log is for
recording of any physical altercations, injuries, and objectionable conditions that constitute a
nuisance occurring in, on, or rented by the licensee. The log shall indicate date, time, description of
incident, staff involved / witnesses, what action was taken, if police were notified and a report
number.
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Project#: DRC2017-00734
Project Name: EDR- Gaggles, Inc. dba Septembers Taproom & Eatery
Location: 6321 HAVEN AVE - 020127206-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
30. 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.
31. Any modification or intensification of the use such as a revision to the days and hours of
entertainment, any improvements such as the expansion of the entertainment area, and/or other
modifications/intensifications beyond what is specifically approved by this entertainment permit shall
require review and approval by the Planning Commission.
32. 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).
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 Liquor Licenses.
34. 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.
35. 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.
36. 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.
37. All conditions of approval for Conditional Use Permit DRC2014-00678 shall apply.
38. All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the
Development Code and Uniform Sign Program#37.
Standard Conditions of Approval
39. 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.
40. 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.
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Project#: DRC2017-00734
Project Name: EDR -Gaggles, Inc. dba Septembers Taproom & Eatery
Location: 6321 HAVEN AVE - 020127206-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
41. 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.
Building and Safety Services Department
Please be advised of the following Special Conditions
1. 1. The displaced tables and chairs during entertainment performance must be stored away in the
storage room, must not obstruct any path of exit travel and must not be set up in dining room as to
increase the occupant load of the restaurant. During performances, instruments and/or performers
must not obstruct or reduce the width of the exit pathway.
Please be advised of the following Special Conditions
1. The Fire District is requiring a floor plan showing where the entertainment will be. Floor plan needs
to include the area where the acoustic music will be performed and where the bands will play. If
there will be an area designated for dancing, this needs to be shown on the floor plan.
2. Applicant needs to provide an updated occupant load analysis based on the floor plan that is
required to be submitted.
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