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HomeMy WebLinkAbout02 -11 - Resolutions RESOLUTION NO. 02-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO ENTERTAINMENT PERMIT DRCEP94-02, IN THE SPECIALTY COMMERCIAL DISTRICT, LOCATED AT 8916 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 208-101-23. 0 A. Recitals. 1. On June 22, 1994, the Planning Commission of the City of Rancho Cucamonga adopted Resolution No. 94-60 and approved Entertainment Permit 94-02. 2. Following the receipt of a complaint on March 21, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on May 23, 2001, received public testimony, and concluded said hearing on that date with modifications being made to Entertainment Permit 94-02, by adoption of Resolution 01-49. 3. On September 12, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing to review the Entertainment Permit as conditioned in Resolution No.01-49. The Planning Commission received public testimony, and concluded said hearing on that date with no modifications being made to Entertainment Permit 94-02 other than another review to be conducted after a 3-month period. 4. On January 9, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing to again review the Entertainment Permit as directed by the Commission on September 12, 2001. 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 hearings on January 9, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Coffee Klatch is in close proximity to a liquor store and both businesses share the use of the parking area. b. To provide compatibility of uses for both businesses, there is a need to define the use of the outdoor patio with live entertainment and to have monitoring of patrons outside so as to avoid potential nuisance problems. c. Disturbance problems have been rectified since the initial March 21, 2001, complaint. PLANNING COMMISSION RESOLUTION NO. 02-11 ENTERTAINMENT PERMIT DRCEP94-02— COFFEE KLATCH January 9, 2002 Page 2 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. The conduct of the establishment and the granting of the modification to the Entertainment Permit would not be contrary to the public health, safety, morals or welfare. b. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner. c. The applicant has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding 5 years. d. The granting of the modification to the Entertainment Permit would not create a public nuisance. e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center. f. The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the modification of Entertainment Permit 94-02 subject to each and every condition set forth below and incorporated herein by this reference: Planning Division 1) All conditions of approval contained in Resolution 94-60 shall apply with the conditions in Resolution 01-49 being modified. 2) An additional employee or a security guard from the Coffee Klatch shall be on site when live entertainment is occurring and 80 or more patrons are present to monitor the outside crowd and discourage patrons from creating nuisance problems. 3) Any disturbance problems associated with live entertainment shall require the Entertainment Permit be brought before the Planning Commission for review. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: (CJ kelr—i arry T. Niel, Chairman PLANNING COMMISSION RESOLUTION NO. 02-11 ENTERTAINMENT PERMIT DRCEP94-02 — COFFEE KLATCH January 9, 2002 Page 3 ATTEST: rad Bulli , creta 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 9th day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE