HomeMy WebLinkAbout01-68 - Resolutions RESOLUTION NO. 01-68
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT NO. DRC2001-00083, A REQUEST TO ALLOW ENTERTAINMENT
CONSISTING OF A DJ, DANCING, AND LIVE ACOUSTIC
ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING RESTAURANT
WITH BAR AND BILLIARD HALL, IN THE NEIGHBORHOOD COMMERCIAL
DISTRICT, LOCATED AT 6620 CARNELIAN STREET, AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 201-811-56, 59, 60, AND 61.
A. Recitals.
1. Tomas Oeschger of Riptide filed an application for the issuance of Entertainment Permit
No. DRC2001-00083, 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 May 21, 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance
No. 290 providing for the regulation of entertainment.
3. On the 27th day of June 2001, 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 June 27, 2001, 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 6620 Camelian Street and is presently
improved with a commercial shopping center; and
b. The property to the north of the subject site is the future Route 210 Freeway, the
properties to the south and east are commercial shopping centers, and the property to the west is
existing single-family development; and
C. The proposed request is to allow entertainment consisting of a DJ,dancing,and live
acoustic entertainment in conjunction with an existing restaurant and billiard hall. The hours of
operation for the DJ and dancing are Monday through Sunday from 8:00 p.m. to 12:00 p.m. The
proposed hours for the acoustical entertainment are Monday through Sunday from 4:00 p.m. to
7:00 p.m. The current hours of operation for the establishment are Monday through Friday2:00 p.m.
to 2:00 a.m.; and
PLANNING COMMISSION RESOLUTION NO. 01-68
DRC2001-00083 - RIPTIDE
June 27, 2001
Page 2
d. West of the commercial center are single-family homes. In the past, the homes
have been adversely impacted by nuisance problems associated with the previous restaurant with
bar and Entertainment Permit in the same location. The problems included loud music and noise
and loitering within the parking lot in the late evening and early morning hours.
e. Because of the nuisance problems and noncompliance with conditions of approval
by the previous owner, the City conducted a revocation hearing in 1991 and 1994. On October 5,
1994, the previous owner relinquished his Entertainment Permit.
f. The City received one complaint in 1997 and one in 1999 from residents concerned
about the excess noise as a result of a DJ and dancing at the subject location.
g. The nature of the business will have the potential for nuisance problems such as
loud music, loud noise, and loitering activities with the parking lot in late evening and early morning
hours. These types of nuisance problems could adversely impact the adjacent single-family
residences. However, staff believes that if the applicant conforms to all conditions of approval, and
with reasonable hours of entertainment, the surrounding business and adjacent residences to the
west will not be impacted.
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 adjacent single family 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.
PLANNING COMMISSION RESOLUTION NO. 01-68
DRC2001-00083 - RIPTIDE
June 27, 2001
Page 3
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:
Planning Division
1) This approval is only for an entertainment permit that would allow a DJ,
dancing, and live acoustic entertainment in conjunction with an existing
restaurant and billiard hall. Any change of intensity or type of
entertainment shall require a modification to this permit.
2) The days and hours of operation for entertainment shall be limited to DJ
and dancing Sunday through Thursday 8:00 p.m. to 10:00 p.m. and
Friday and Saturday 8:00 p.m. to 11:00 p.m. The acoustical
entertainment is limited to Monday through Sunday from 4:00 p.m. to
7:00 p.m. The acoustical entertainment is limited to one non-amplified
instrument or one electronic keyboard and/or one singer. On occasions
an additional person may accompany the singer. 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
7:00 a.m. to 10:00 p.m. and 60 dB during the hours from 10:00 p.m. to
7:00 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.
PLANNING COMMISSION RESOLUTION NO. 01-68
DRC2001-00083 - RIPTIDE
June 27, 2001
Page 4
11) A minimum of one duly licensed, certified or trained, and regularly
employed security guard from a reputable security firm shall be required
to be on the premises from 8:00 p.m. until the parking lot is cleared
after the conclusion of any entertainment. The guard shall be in peace
officer attire 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 disturbance.
12) This permit shall be brought before the Planning Commission in
six months for review of compliance with conditions of approval.
13) The applicant shall post and enforce"employee parking only'in parking
area directly adjacent to the residential development to the west.
Fire District/Buildinq & 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.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF JUNE 2001.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
By..A- � )/Pg r
Lalel, Chairman
ATTEST:
Dan Coleman, Acting Secretary
I, Dan Coleman,Acting 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 27th day of June 2001, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MANNERINO