Loading...
HomeMy WebLinkAbout04-65 - Resolutions RESOLUTION NO. 04-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2004-00327, A REQUEST FOR ENTERTAINMENT INCLUDING LIVE MUSIC AT A FULL SERVICE RESTAURANT WITH BAR AND MICROBREWERY WITHIN A 8,794 SQUARE FOOT (FORMER) RESTAURANT (WITH PREVIOUS BAR AND ENTERTAINMENT) IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-011-39. A. Recitals. 1. Omaha Jacks filed an application for the issuance of Entertainment Permit DRC2004-00327, 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 the 26th day of May 2004, 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. 3. 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. The 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 the City Planner during the above- referenced public hearing on May 26, 2004, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of Foothill Boulevard and Rochester Avenue, which is presently improved with a mixed-use center, including restaurants with bars serving distilled spirits; and b. The property to the north of the subject site is developed with a commercial center, the property to the south is the City's Epicenter/Sport Complex, the property to the east contains a single-family home and undeveloped land around it, and the property to the west is partially developed with a commercial center; and C. The property is designated Industrial Park (Subarea 7) in the Development Code; and d. The proposed use, Omaha Jacks, is classified as a restaurant with a bar and entertainment, which is conditionally permitted in the Industrial Park District; and PLANNING COMMISSION RESOLUTION NO. 04-65 DRC2004-00327 — OMAHA JACKS May 26, 2004 Page 2 e. The proposed use is compatible with the surrounding land uses; and f. The proposed entertainment consists of live bands and karaoke; and g. The proposed days and hours of entertainment are Thursday through Saturday between 10:00 p.m. to 2:00 a.m.; and h. 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, the 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 applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The 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, the Commission hereby approves the application, subject to each and every condition set forth below: Planning Division 1) This approval is contingent upon approval of Conditional Use Permit DRC2004-00326. PLANNING COMMISSION RESOLUTION NO. 04-65 DRC2004-00327 —OMAHA JACKS May 26, 2004 Page 3 2) This approval is for a five-member live band, and karaoke. Any change to the types of entertainment or the intensity of the entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursday through Saturday between 10:00 p.m. and 2:00 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 5) Entertainment shall be conducted inside the building. 6) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 7) Exterior noise levels shall not exceed 65dB during the hours of 7:00 a.m. to 10:00p.m. and 60dB during the hours from 10:00 p.m. to 7:00 a.m. 8) 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." 9) 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. 10) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 11) If the operation of the facility causes nuisance problems, the City Planner may require the applicant to implement a security personnel plan to mitigate the problem. A detailed security plan shall be submitted for City Planner and/or Planning Commission review and approval. 12) The parking lot shall be posted "No Loitering" with letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriff's Department. 13) The applicant shall process all necessary permits as required by the Department of Alcohol and Beverage Control and adhere to all conditions imposed by said Department. PLANNING COMMISSION RESOLUTION NO. 04-65 DRC2004-00327— OMAHA JACKS May 26, 2004 Page 4 14) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program No. 125 for Masi Plaza, and shall require review and approval by the City Planner prior to installation. 15) 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. 16) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of such action, but such participation shall not relieve applicant of his obligation under this condition. Fire District/ Building and 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 Marshall's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval, prior to issuance of building permits. The building shall be inspected for compliance, prior to occupancy. 3) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Rancho Cucamonga Fire Protection District and the Building and Safety Division. 6. The Secretary shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 04-65 DRC2004-00327 —OMAHA JACKS May 26, 2004 Page 5 APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Flich Macias, Chairman ATTEST: rad Bull etary I, Brad Buller, Secretary to the Planning Commission for 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 held on the 26th day of May 2004. AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE