HomeMy WebLinkAbout89-49 - Resolutions RESOLUTION NO. 89-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT NO. 89-01 TO OPERATE AND CONDUCT ENTERTAINMENT BY
PERFORMERS PLAYING MUSICAL INSTRUMENTS FOR LISTENING
PLEASURE FOR SHELLY'S RESTAURANT, LOCATED AT 8038 HAVEN
AVENUE, SUITE E, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITALS
(i ) On May 21, 1986 the City Council of the City of Rancho Cucamonga
adopted Ordinance No. 290 providing for the regulation of entertainment.
(ii ) On February 3, 1989, John Marquez filed an application for the
issuance of an Entertainment Permit (EP 89-01) described above in the title of
this resolution.
(iii ) On the 12th day of April , 1989, the Rancho Cucamonga Planning
Commission held a public hearing to consider the above-described project.
B. RESOLUTION
NOW, THEREFORE, the City of Rancho Cucamonga Planning Commission
resolves 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 substantial evidence presented to this Commission
during the above-referenced April 12, 1989 hearing, including the written
Staff report, and the written, signed and verified application of the
applicant, this Commission hereby specifically finds as follows:
(a) The application applies to property located on
the northwest corner of Foothill Boulevard and
Haven Avenue on a lot presently improved with
structures and parking areas which constitute
the Virginia Dare Center;
(b) The property to the north of the subject site
is developed with a restaurant and retail uses,
to the south are office uses , to the east is a
restaurant use (under construction) , and to the
west is Edwards Theater and a vacant site; and
(c) Shelly's Restaurant is a full service
restaurant and bar serving beer, wine and other
alcoholic beverages. The proposal is to
provide musical entertainment on Friday
evenings from 9:00 PM to 1:00 AM. The band
will be located in the bar area, there will be
no admission charge and no dancing will be
permitted.
PLANNING COMMISSION RESOLUTION NO. 89-49
EP 89-01 - SHELLY'S RESTAURANT
April 12, 1989
Page 2
3. Based upon the substantial evidence presented to this Commission
during the above-referenced April 12, 1989 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 or the
granting of the application would not be
contrary to the public health, safety, morals
or welfare;
(b) That the premises or establishment are not
likely to be operated in an illegal , improper
or disorderly manner; and
(c) That 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 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
(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 application subject to
the following conditions:
(a) This approval is for small bands playing
musical instruments for listening pleasure
only. No dancing is permitted. Any change of
intensity of entertainment shall require
application for modification of this permit.
(b) If the operation of this Entertainment Permit
causes adverse effects upon adjacent businesses
or operations, the Entertainment Permit shall
be brought before the Planning Commission for
the consideration and possible suspension or
revocation of the permit.
(c) Doors shall remain closed when entertainment is
being conducted for noise attenuation purposes.
PLANNING COMMISSION RESOLUTION NO. 89-49
EP 89-01 - SHELLY'S RESTAURANT
April 12, 1989
Page 3
(d) Exterior noise levels shall not exceed 65 dBA
during the hours from 7:00 AM to 10:00 PM and
60 dBA during the hours from 10:00 PM to 7:00
AM.
(e) Access to the lounge/entertainment area mist be
from the main entrance to the primary use and
not from a separate exterior entrance. The
rear exit shall be for "Fire Exit Only".
APPROVED AND ADOPTED THIS 12TH DAY OF APRIL, 1989.
PLANNING CO` ISSION OF THE CITY OF RANCHO CUCAMONGA
BY: (4// / 4
ar - . ' `i air
ATTEST: Ate`__ �_ _ _
. �r;�� • rY
I, Br.d Bulle , Sec re . ry of the Planning Commission of the City of Rancho
Cuca onga, 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 12th day of April , 1989, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE