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Home My WebLink About06-108 - Resolutions RESOLUTION NO. 06-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2006-00932, ALLOWING LIVE ENTERTAINMENT IN THE FORM OF MUSICAL ACTS OF 1 TO 2 PERSONS PERFORMING WITHIN THE IT'S A GRIND COFFEE HOUSE ON THE SOUTH SIDE OF FOOTHILL BOULEVARD BETWEEN MILLIKEN AND MAYTEN AVENUES IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), AT 11573 FOOTHILL BOULEVARD, SUITE 105; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-011-85. A. Recitals. 1. Rhonda Kiliipio, on behalf of Coffee Biz 101, filed an application for the issuance of Entertainment Permit No. DRC2006-00932, 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. The coffee house use, Conditional Use Permit DRC2006-00578, was approved by the Planning Director on October 24, 2006. 4. On December 13, 2006, 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 December 13, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to uses within an existing multi-tenant commercial complex of about 7,000 square feet on a parcel of about 1.2 acres, located on the south side of Foothill Boulevard between Milliken and Mayten Avenues; and b. The applicant's proposed business is located at 11563 Foothill Boulevard, Suite 105, a leased tenant space. C. The subject property is zoned Industrial Park District (Subarea 7); and d. The property to the north is zoned Community Commercial District and is vacant; the property to the south is zoned Industrial Park District (Subarea 7) and is vacant; the property to the east is zoned Industrial Park District (Subarea 7) and is developed with a restaurant; and the property to the west is zoned Industrial Park District (Subarea 7) and is developed with a multi- tenant commercial building; and e. The applicant's request is to include live entertainment, consisting of solo or duo musical guests performing on acoustic guitar, keyboards, flute or saxophone, in relation to an approved coffee house; and PLANNING COMMISSION RESOLUTION NO. 06-108 DRC2006-00932 — IT'S A GRIND COFFEE HOUSE December 13, 2006 Page 2 f. Because of the nature of the business, there is a potential for nuisance problems such as loud music, loud noise, loitering, and shortage of parking. These types of nuisance problems could adversely impact the adjacent businesses. However, staff believes that if the applicant conforms to all conditions of approval, the surrounding businesses will not be significantly 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 applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 which covers the permitting and minor alterations of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. Because the project only proposes the approval of an Entertainment Permit, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 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 and incorporated herein by this reference. Planning Department 1) This approval is for an Entertainment Permit allowing live musical performances, single or duo acts, designed to enhance the coffee house atmosphere. Any change of intensity or type of entertainment shall require a modification to this permit. 2) Entertainment shall be limited to 5:00 p.m. to 10:00 p.m., Thursday through Sunday. Any expansion of entertainment, change in the type/nature of entertainment, or change of days and/or hours shall require modification to this permit. PLANNING COMMISSION RESOLUTION NO. 06-108 DRC2006-00932 — IT'S A GRIND COFFEE HOUSE December 13, 2006 Page 3 3) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code is permitted. 4) Entertainment shall be conducted entirely within the building. 5) While entertainment is being conducted, all doors and windows shall remain closed for noise attenuation purposes. This does not include the routine opening and closing of doors to access the facility, and does not include emergency exiting. 6) Exterior noise levels shall not exceed 75 dBA as measured at the property line. 7) If operation of this Entertainment Permit causes adverse effects upon adjacent businesses or operations including, but not limited to noise,loitering, parking problems, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 8) 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. 9) The applicant shall submit an annual Entertainment Renewal Permit and fee of $75 per Municipal Code Section 5.12.115. 10) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the 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 any such action but such participation shall not relieve applicant of his obligations under this condition 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pa toewart, Chairman ATTEST: Jame . Troyer, AICP, Secre ry PLANNING COMMISSION RESOLUTION NO. 06-108 DRC2006-00932 — IT'S A GRIND COFFEE HOUSE December 13, 2006 Page 4 I, James R. Troyer, AICP, 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 13th day of December 2006. AYES: COMMISSIONERS: FLETCHER, MACIAS , McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE