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Home My WebLink About02-81 - Resolutions RESOLUTION NO. 02-81 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2002-00259, A REQUEST TO HAVE ENTERTAINMENT CONSISTING OF LIVE BANDS, COMEDY SHOWS, AND DANCING IN CONJUNCTION WITH A RESTAURANT AND BAR WITHIN AN EXISTING BUILDING IN THE MASI PLAZA WITH A LEASED SPACE OF 8,700 SQUARE FEET, LOCATED AT 11837 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 229-011-39. 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. David Anichowski of Compass Creek Restaurant and Brewery has filed an application for the issuance of Entertainment Permit DRC2002-00259, 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 14th day of August, 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. 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 August 14th, 2002, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 11837 Foothill Boulevard and is presently being improved and expanded. b. The property to the north is developed with a commercial center;the property to the south is the City's Stadium and Adult Sports Complex; the property to the east contains a single-family house and the area surrounding it is undeveloped; and the property to the west is undeveloped. The proposed use shares a parking lot with a restaurant and shops to the east and a parking lot to the south with shops. C. The proposed uses consist of full bar and restaurant services, a micro-brewery,and entertainment. d. The proposed entertainment consists of live bands, comedy shows, and dancing. The proposed days and hours of entertainment are Thursday, Friday, and Saturday between 9:00 p.m. and 1:00 a.m. PLANNING COMMISSION RESOLUTION NO. 02-81 DRC2002-00259 - COMPASS CREEK RESTAURANT AND BREWERY August 14, 2002 Page 2 e. The proposed uses would be compatible with surrounding land uses. f. There are sufficient parking spaces within Masi Plaza to accommodate the proposed uses. 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 apartment complex; 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 for live music, comedy shows, and dancing only. Any change of intensity or type of entertainment shall require a modification to this permit. 2) The days and hours of operation for the entertainment shall be limited to Thursday, Friday, and Saturday from 9:00 p.m. to 1:00 a.m. Any expansion of days and/or hours shall require modification to this permit. PLANNING COMMISSION RESOLUTION NO. 02-81 DRC2002-00259 - COMPASS CREEK RESTAURANT AND BREWERY August 14, 2002 Page 3 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) The dance floor shall not exceed 144 square feet. 10) 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. 11) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 12) If operation of the facility causes nuisance problems, the City Planner may require the applicant to provide a detailed security plan to mitigate the problem. 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. APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: a r Larry Vlc iel, Chairman PLANNING COMMISSION RESOLUTION NO. 02-81 DRC2002-00259 - COMPASS CREEK RESTAURANT AND BREWERY August 14, 2002 Page 4 ATTEST: rad Buller, eta 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 14th day of August 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS