HomeMy WebLinkAbout90-36 - Resolutions RESOLUTION NO. 90-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION
TO ENTERTAINMENT PERMIT 89-04 TO ADD ADDITIONAL NIGHTS
AND EXTEND THE HOURS ALLOWED TO OPERATE AND CONDUCT
ENTERTAINMENT WITHIN PEPPER' S MEXICAN RESTAURANT,
LOCATED AT 9740 19TH STREET, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 1076-011-10.
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 August 15 , 1989, Jeanne Bhatnagar filed for an application for
the issuance of an Entertainment Permit (EP 89-04) .
( iii) On the 27th day of September, 1989, the Rancho Cucamonga Planning
Commission held a public hearing and approved the Entertainment Permit.
( iv) On February 28, 1990, Jeanne Bhatnagar filed an application for a
modification to Entertainment Permit 89-04.
(v) On the 28th day of March, 1990, the Rancho Cucamonga Planning
Commission held a public hearing to consider the above-described modification.
(vi) All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, the City of Rancho Cucamonga Planning Commission
resolves as follows:
1 . This Commission hereby specifically finds that all 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 March 28, 1990 hearing, including written and oral
staff reports, and the written, signed and verified application of the
applicant, together with public testimony, this Commission hereby specifically
finds as follows:
(a) The application applies to property located on the
northeast corner of 19th Street and Archibald Avenue on a lot presently
improved with structures and parking which constitute a Neighborhood
Commercial Center; and
PLANNING COMMISSION RESOLUTION NO. 90-36
EP 89-04 - PEPPER'S MEXICAN RESTAURANT
MARCH 28, 1990
Page 2
(b) The property to the north of the subject site is a vacant
parcel , to the south is a banking facility and a fast food restaurant, to the
east is a Medium-High Residential use, and to the west is a vacant parcel and
a Low-Medium Residential use.
(c) Pepper' s Mexican Restaurant is a full service restaurant
serving alcoholic beverages such as beer and wine. The proposed entertainment
will be provided five nights a week, from Tuesday to Saturday evenings, from
8:30 p.m. to 1 :00 a.m. All entertainment will be centrally located within the
facility and no admission fee will be charged. Dancing will be permitted in a
dance area which totals 146 square feet.
3. Based upon the substantial evidence presented to this
Commission during the above-referenced March 28, 1990 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; and
(b) That the premises or establishment are not likely to be
operated in an illegal , improper, or disorderly manner; and
(c) That the applicant had not has 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 Neighborhood Commercial
Center; and
(f) That 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:
(1) This approval is for a single musician or
small combo (3-4 piece) to play jazz or soft
pop music. Any change of intensity of type of
entertainment shall require application for
modification of this permit.
(2) Dancing is permitted on a dance floor area
which does not exceed 146 square feet.
PLANNING COMMISSION RESOLUTION NO. 90-36
EP 89-04 - PEPPER' S MEXICAN RESTAURANT
MARCH 28, 1990
Page 3
(3) If the operation of this Entertainment Permit
causes any 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.
(4) When entertainment is being conducted, doors
shall remain closed for noise attenuation
purposes.
(5) Hours of operation of the entertainment use
shall be Tuesday through Saturday, from 8:30
p.m. to 1 :00 a .m.
(6) Entertainment shall be conducted inside the
building unless written consent is obtained
from all adjoining tenants in conjunction with
the Temporary Use Permit application process.
(7) Any signs proposed shall be designed in
conformance with the Uniform Sign Program and
the City' s Sign Ordinance.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990.
PLANNING COM ISSION OF THE CITY OF RANCHO CUCAMONGA
i
i
BY: 4504 i _ li,_
Larry " iel , C. . '.rman
Z ,/
ATTEST: A�tif;A �ficitakor
Br. r,
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 28th day of March, 1990, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE