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Home My WebLink About00-28 - Resolutions RESOLUTION NO. 00-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 00-01, A REQUEST TO OFFER ENTERTAINMENT CONSISTING OF A SMALL ACOUSTIC TRIO AND KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR WITHIN THE HAVEN VILLAGE CENTER, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-271-69. 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. Mark Alan and Vivian Campero have filed an application for the issuance of Entertainment Permit No. 00-01, 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 8th day of March 2000, 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 March 8, 2000, 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 6321 Haven Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with Haven Village Center; and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and C. The proposed activity addresses local demand for the proposed entertainment activities that are safe, convenient, and accessible. PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 Page 2 d. The proposed activity is consistent with General Plan objectives to provide a broad range of land uses and business opportunities. e. The proposed use consists of full bar service, restaurant, and entertainment. f. The proposed uses are consistent with the Neighborhood Commercial District. g. The commercial center has sufficient parking spaces to accommodate the proposed uses based on the parking count records. 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 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 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 five 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 surrounding residences; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application. Planning Division 1) This approval is only for the following entertainment uses: dancing; a small acoustic trio; and one night of Karaoke. Any change of intensity or type of entertainment shall require a modification to this permit. PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 —01 — MCALAN'S PUB AND GRILLE March 8, 2000 Page 3 2) The days and hours of operation for the entertainment shall be limited to Wednesday and Sunday between 7 p.m. until 11 p.m., Friday and Saturday from 7 p.m. until 12:30 a.m., and Thursday from 6 p.m. until 11 p.m. Any expansion of days and/or hours shall require modification to this permit. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 4) Entertainment shall be conducted inside the building. 5) When entertainment is being conducted; doors and windows shall remain closed for noise attenuation purposes. 6) 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. 7) Access to the lounge/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." 8) 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. 9) 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. 10) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 11) The dance floor shall be less than 150 square feet. Any dance floor larger than 150 square feet shall require modification to this permit. Fire District/Building & Safety Division 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 Division. 2) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 Page 4 and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 3) Submit complete plans for review of Assembly Occupancy. 4) Any modifications to the approved plans after occupancy of the building may require additional review and or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS STH DAY OF MARCH 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: arty TdIcNiel, Chairman ATTEST:_ Bra Secretary I, Brad Buller, 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 8th day of March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE