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HomeMy WebLinkAbout11-55 - Resolutions RESOLUTION NO. 11-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA; CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2011-00852-PETER A.WRIGHT -TO ALLOW KARAOKE WITHIN AN EXISTING BAR(TYPE 48 ABC LICENSE), LOCATED AT 8108 SAN BERNARDINO ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0207-111-11- 0000. 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. Peter A. Wright filed an application for the issuance of Entertainment Permit DRC2011-00852, 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 26th day of October 2011, 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 October 26, 2011, 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 8108 San Bernardino Road with a street frontage of 100 feet and lot depth of 100 feet and is presently improved with a bar; and b. The property to the north of the subject site is residential,the property to the south consists of Office Professional, the property to the east is residential, and the property to the west is Residential in the City of Upland; and C. The Business has been in operation since 1958 with no significant complaints of recent record; and d. Although the Business is nonconforming to Development Code Standards the requested Entertainment Permit does not appear to be an expansion of the use and therefore is still a legally constituted nonconforming use; and e. The requested karaoke entertainment is limited to two nights a week: Wednesday and Sunday from 8:00 p.m.to 12:00 a.m. midnight and therefore, does not appear to be a nuisance to the surrounding properties. PLANNING COMMISSION RESOLUTION NO. 11-55 ENTERTAINMENT PERMIT DRC2011-00852 - PETER A. WRIGHT October 26, 2011 Page 2 3. Based upon the substantial evidence presented to this Planning 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 single-family residential, office center, and nearby apartment complex; and f. 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 (Existing Facilities) because the project entails the minor operational changes to an existing bar, and there is no substantial evidence that the project may 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 staffs 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: Planning Department 1) This approval is only for karacke. 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 Wednesday and Sunday only from 8:00 p.m, to 12:00 a.m. midnight. Any expansion of days and/or hours shall require modification to this permit. PLANNING COMMISSION RESOLUTION NO. 11-55 ENTERTAINMENT PERMIT DRC2011-00852 - PETER A. WRIGHT October 26, 2011 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 65dB during the hours of 7:00 a.m. to 10:00 p.m. and 60dB during the hours from10:00 p.m. to 7:00 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 affects 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) In the event the Police Department determines that security problems occur, the applicant, at their own expense, shall provide a California licensed, uniformed security guard(s) on the premises during such hours as requested and directed by the Police Department. Fire District/Building and Safety Department 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 Department. PLANNING COMMISSION RESOLUTION NO. 11-55 ENTERTAINMENT PERMIT DRC2011-00852 - PETER A. WRIGHT October 26, 2011 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: . Luis Munoz, J ., Chairman ATTEST: ../ 'Ja R. Troyer, AIC , Secretary 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 26th day of October, 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: NONE