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Home My WebLink About89-49A - Resolutions RESOLUTION NO. 89-49A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO ENTERTAINMENT PERMIT NO. 89-01, A REQUEST TO EXPAND THE LIVE ENTERTAINMENT TO INCLUDE DANCING AND SMALL BANDS (3-5 MEMBERS) IN CONJUNCTION WITH A RESTAURANT (SHELLEY'S), LOCATED AT 8083 HAVEN AVENUE, SUITE E, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-661-03. 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. Mari Corporation has filed an application for the issuance of a Modification to Entertainment Permit No. 89-01, 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 22nd day of May 1996, 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 substantial evidence presented to this Commission during the above- referenced public hearing on May 22, 1996, 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 8038 Haven Avenue, Suite E, and is presently improved with a restaurant; and b. The properties to the north, south, east, and west of the subject site are designated for and developed with commercial uses; and c. Shelley's Restaurant is a full service restaurant and bar serving beer, wine, and other alcoholic beverages; and d. The applicant is proposing to conduct interior entertainment with live bands and dancing between the hours of 8:00 p.m. to 12:00 midnight Monday through Thursday, 9:00 p.m. to 1:00 a.m. Friday and Saturday, and 7:00 p.m. to 11 p.m. on Sunday; and e. Dancing will be conducted on a floor approximately 90 square feet in area within the bar. PLANNING COMMISSION RESOLUTION NO. 89-49A EP89-01 MARI CORPORATION May 22, 1996 Page 2 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 only for small bands (3-5 members) and dancing within the interior of the building. 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 between 8:00 p.m. to 12:00 midnight Monday through Thursday, 9:00 p.m. to 1:00 a.m. Friday and Saturday, and 7:00 p.m. to 11 p.m. on Sunday. Any expansion of days and/or hours shall require modification to this permit. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. PLANNING COMMISSION RESOLUTION NO. 89-49A EP89-01 MARI CORPORATION May 22, 1996 Page 3 4) If the dance floor should exceed 150 square feet, a duly licensed and uniformed security guard shall be present at all times such dancing is permitted or allowed to supervise the dancing and conduct of all patrons and customers required at dances, in accordance with Rancho Cucamonga Municipal Code Section 5.12.130. The applicant shall submit a floor plan to the City Planner within 30 days indicating the location and size of the dance floor. 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) 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. 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. 2) Any temporary power requirements shall be in accordance with the 1994 Uniform Fire Code. Any new electrical installations shall require electrical permits from the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF MAY 1996. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 89-49A EP89-01 MARI CORPORATION May 22, 1996 Page 4 BY: SiIIMwLtS_ id B7ker, airman ATTEST: AA‘ez, :rad B W-cr 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 22nd day of May 1996, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MELCHER