HomeMy WebLinkAbout16-53 - Resolutions - Approving Entertainment Permit, Located At 11260 4TH Street RESOLUTION NO. 16-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
ENTERTAINMENT PERMIT NO. DRC2015-01174, A REQUEST
FOR LIVE ENTERTAINMENT IN CONJUNCTION WITH AN
EXISTING RESTAURANT—4TH AND MILL, LOCATED AT 11260
4TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF
-APN: 021058102.
A. Recitals.
1. Susanne Salazak, Claudia Lopez, Jeremy Sackett and Bon Tai Goo, owners of 4'and
Mill, Bar, Pizzeria, and Grill an application for the issuance of Entertainment Permit No. DRC2015-
01174, 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 26th day of October 2016, 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 October 26, 2016, 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 11260 4th Street, which is part of a
contiguous commercial center with a street frontage of 950 feet and lot depth of 500 feet and is
presently improved with 5 pad buildings; and
b. To the north and west of the subject site is a multi-family residential complex. To
the south of is a multi-tenant commercial center in the City of Ontario. To the east is Milliken
Avenue and a multi-tenant commercial center; and
c. The applicant proposes to provide entertainment consisting of karaoke, amplified
comedy performances (i.e. open mic night) as well as amplified music with a disc jockey or live
band with dancing. The dance floor will be limited to 144 square feet; and
d. The restaurant serves a full menu of items typical of a full-service restaurant; and
PLANNING COMMISSION RESOLUTION NO. 16-53
EP DRC2014-01040
October 26, 2016
Page 2
e. The operating hours of the restaurant are from 11:00 a.m. to 2:00 a.m., 7 days a
week. Entertainment is proposed to be offered Monday through Thursday from 7:00 p.m. until
1:00 a.m.; Friday and Saturday from 9:00 p.m. to 1:00 a.m. and Sunday from 11:00 a.m. to
3:00 p.m. and 9:00 p.m. to 1:00 a.m. and;
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 and;
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.
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.
PLANNING COMMISSION RESOLUTION NO. 16-53
EP DRC2015-01174
October 26, 2016
Page 3
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26 DAY OF OCTOBER 2016.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
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 26th day of October 2016, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
,RANCHO
( Community Development Department
uc�htavcn
Project#: DRC2015-01174
Project Name: 4th & Mill Bar, Pizza and Grill EP
Location: 11260 4TH ST-021058102-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. Approval is for live entertainment consisting of karaoke, comedians, poets, disc jockey, live band
and dancing located at 11260 4th Street.
2. 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/intensifications 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
3. The days and hours of operation for the entertainment shall be limited to Monday through Thursday
from 7:00 p.m. until 1:00 a.m.; Friday and Saturday from 9:00 p.m. to 1:00 a.m. and Sunday from
11:00 a.m. to 3:00 p.m. and 9:00 p.m. to 1:00 a.m.
4. Adult Entertainment, as defined in Section 17.128.020 of the Development Code, is not permitted.
5. All entertainment activity shall be conducted inside the building. The outdoor patio may not be used
to conduct entertainment and sound from the entertainment shall not be piped to the outdoor
speakers.
6. While entertainment is being conducted all doors and windows shall remain closed for noise
attenuation purposes.
7. 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).
8. 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.
9. Access to the 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.
10. 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.
11. 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.
12. The applicant shall submit an annual renewal statement and fee, due on or before January 1 of
each and every year, beginning in 2018 per Section 17.20.20(G) of the Development Code.
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Printed:10/17/2016
Project#: DRC2015-01174
Project Name: 4th & Mill Bar, Pizza and Grill EP
Location: 11260 4TH ST-021058102-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
13. All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the
Development Code and Uniform Sign Program#XXX.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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; one (1) at the front door; and
one(1) at the stage.
20. Video recordings from surveillance cameras shall be of nothing less than NTSC 4SIF with a
minimum of 704X480 resolution. A minimum of 30 days surveillance video shall be kept.
21. The uniform of the security guards shall have the word "Security" clearly visible on it.
22. 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.
23. 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.
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Printed:10/17/2016 Page 2 of 3
Project#: DRC2015-01174
Project Name: 4th & Mill Bar, Pizza and Grill EP
Location: 11260 4TH ST-021058102-0000
Project Type: Entertainment Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
24. During times of entertainment, a security guard shall patrol the exterior of the building and parking
lot at a minimum once every 30 minutes. After close of business, a security guard shall patrol the
parking lot constantly for 30 minutes after closing to ensure patrons leave in an orderly fashion.
Standard Conditions of Approval
25. 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.
26. 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. An increase in occupant load is not permitted. Any construction work needed for the new use will
plans to be submitted for plan check and permit issuance before construction work starts.
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