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HomeMy WebLinkAbout02-10 - Resolutions RESOLUTION NO. 02-10 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 D. J., 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. On May 21, 1986, the City Council of the Cityof Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Thomas Oeschger 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." 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 approved Planning Commission Resolution No. 01-68, requiring a six-month review for compliance.. 4. On the 9th day of January 2002, 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. 5. 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 9, 2002, 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 Carnelian 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 PLANNING COMMISSION RESOLUTION NO. 02-10 DRC2001- 00083 - RIPTIDE January 9, 2002 Page 2 C. The proposed request is to allow entertainment consisting of a D.J.,dancing;and live acoustic entertainment in conjunction with an existing restaurant and billiard hall. The hours of operation for the D. J. and dancing will be Monday through Sunday from 8:00 p.m. to 12:00 p.m. The hours for the acoustical entertainment will be 4:00 p.m. to 7:00 p.m., also Monday through Sunday. The Current Hours of operation for the establishment are Monday through Friday 2:00 p.m. to 2:00 a.m.; and d. West of the commercial center are single-family homes. The homes have been adversely impacted by nuisance problems associated with the restaurant's location, such as loud music, noise and loitering within the parking lot in the late evening and early morning hours before by the same business that previously had a restaurant with bar and entertainment permit. e. Because of the nuisance problems and noncompliance with conditions of approval, the City conducted a revocation hearing in 1991and 1994. On October 5, 1994, the applicant 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 D. J. and dancing at the subject location. A review of Code Enforcement and Planning Division records show there have been no citations issued or complaints received for the location in the past six months. g. Based on review of Police Department records,there have been 12 calls received for the location in the last six months (May 1, 2001 to December 3, 2001). All but two of the calls were after midnight. For the one-year period, prior to approval of entertainment,there were 32 calls to the Police (May 1, 2000 to May 14, 2001); therefore, the rate of calls has decreased 25 percent. The types of calls included assisting medical or fire personnel, area and vehicle checks, disturbances and fights. One incident resulted in an arrest for resisting a peace officer. Further review by the Police Department comparing Riptide with other businesses in the City that combine alcohol and entertainment has shown that Riptide is not statistically the worst bar, nor is it the best. Records show the Police Department has received calls for fights and assaults at all of the establishments studied. Although, this can be expected because of the nature of businesses serving alcohol drinks, Riptide does appear to have a higher than average number of physical and alcohol related calls. h. 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 PLANNING COMMISSION RESOLUTION NO. 02-10 DRC2001- 00083 - RIPTIDE January 9, 2002 Page 3 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 forwhich 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. 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 D. J., 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 D. J. 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 and 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. PLANNING COMMISSION RESOLUTION NO. 02-10 DRC2001- 00083 - RIPTIDE January 9, 2002 Page 4 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) 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 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 disturbances. 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/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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 02-10 DRC2001- 00083 - RIPTIDE January 9, 2002 Page 5 APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: hatia arty T c iel, Chairman ATTEST: rad Bu ecreta 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MANNERINO