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HomeMy WebLinkAbout94-02 - Resolutions RESOLUTION NO. 94-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 93-05, A REQUEST TO PROVIDE LIVE JAZZ MUSIC IN CONJUNCTION WITH A RESTAURANT AND LOUNGE USE, LOCATED AT 7945 VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-101-25. 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. On November 18, 1993, Raul Zendejas filed an application for the issuance of an Entertainment Permit (EP 93-05) described above in the title of this Resolution. 3. On the 12th day of January 1994, 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 January 12, 1994, 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 the northeast corner of Foothill Boulevard and Vineyard Avenue on a lot presently improved with structures and parking areas which constitute the Thomas Winery Center; and b. The property to the north is presently vacant, the property to the south consists of structures and commercial buildings within the Thomas Winery Center, the property to the east is an existing Commercial Center and the property to the west is developed with buildings and parking areas within the Thomas Winery Center and is presently vacant across Vineyard Avenue; and c. Zendejas Mexican Restaurant is a full service restaurant serving beer, wine, and other alcoholic beverages. The proposal is to provide PLANNING COMMISSION RESOLUTION NO. 94-02 EP 93-05 - ZENDEJAS RESTAURANT January 12, 1994 Page 2 live musical entertainment on Friday evenings from 5 p.m. to 9 p.m. The band will be located in the lounge stage area, there will be no admission charge, and no dancing is proposed at this time. 3. Based upon the substantial evidence presented to this Commission during the above-referenced January 12, 1994, 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 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. 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: Planning Division: 1) This approval is only for a live band of up to four persons. Any change of intensity of entertainment shall require application for modification of this permit. 2) 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. 3) When entertainment is being conducted, doors shall remain closed for noise attenuation purposes. PLANNING COMMISSION RESOLUTION NO. 94-02 EP 93-05 - ZENDEJAS RESTAURANT January 12, 1994 Page 3 4) Exterior noise levels shall not exceed 65 dB during the hours from 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 5) Access to the lounge/entertainment area must 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." 6) Hours of operation of the entertainment use shall be on Thursday, Friday, and Saturday from 5 p.m. to 11 p.m. 7) Entertainment shall be conducted inside the building unless written consent is obtained from all adjoining tenants in conjunction with a Temporary Use Permit application process. 8) This permit shall be renewed annually per Municipal Code Section 5.12.115. Fire District: 1) The applicant shall comply with all State Fire Marshal's regulations. The applicant shall submit accurately dimensioned, detailed floor plans for Fire District review and approval, prior to issuance of the Public Assembly Permit. 2) The applicant shall complete any work required by the Fire District and the building shall be inspected to the satisfaction of the Fire Marshal, prior to commencement of the entertainment. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED .. • ` 'OPTED TH 412TH DAY OF JANUARY 1994. PLANNING o\r ' ION OF . E CITY "RANCHO CUCAMONGA ,• BY: ' I I I i'� L .411.. ;a'i! e Chair !n I ATTEST: if` Bra rler, Itretary PLANNING COMMISSION RESOLUTION NO. 94-02 EP 93-05 - ZENDEJAS RESTAURANT January 12, 1994 Page 4 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 12th day of January 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE