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HomeMy WebLinkAbout06-60 - Resolutions RESOLUTION NO. 06-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2006-00330, A REQUEST TO PROVIDE FOR A DISC JOCKEY TO PLAY RECORDED MUSIC, AND LIVE BANDS TO PERFORM DURING SOCIAL DANCES AND BANQUETS ON THE NORTH SIDE OF MISSION PARK DRIVE BETWEEN RICHMOND PLACE AND BUFFALO AVENUE IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 11), AT 11650 MISSION PARK DRIVE, SUITES 110 AND 111; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-263-54 AND 55. A. Recitals. 1. Lourdes Kreefft filed an application for the issuance of Entertainment Permit No. DRC2006-00330, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 3. On June 28, 2006, 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 June 28, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to uses within an existing five building industrial complex of about 64,965 square feet on a parcel of about 4 acres, located on the north side of Mission Park Drive between Richmond Place and Buffalo Avenue; and b. The applicant's proposed business is located at, 11650 Mission Park Drive, Suites 110 and 111, a leased tenant space; and C. The subject property and all the surrounding properties are zoned General Industrial District; and d. The subject property is bounded by industrial buildings to the north and east and vacant land to the south and west; and e. The applicant's request is to include recorded and live entertainment, with up to six musicians, in relation to a proposed dance studio that will also host catered social dances and banquets on Friday, Saturday and Sunday evenings; and f. Because of the nature of the business, there is a potential for nuisance problems such as loud music, loud noise, and loitering. These types of nuisance problems PLANNING COMMISSION RESOLUTION NO. 06-60 DRC2006-00330 — LOURDES KREEFFT June 28, 2006 Page 2 could adversely impact the adjacent businesses. However, staff believes that if the applicant conforms to all conditions of approval, the surrounding businesses will not be significantly impacted. 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 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 which covers the permitting and minor alterations of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. Because the project only proposes the permitting of a conditionally permitted use and the approval of an Entertainment Permit, staff finds that there is no substantial evidence that the project will 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 and incorporated herein by this reference. Planning Department 1) This approval is for an Entertainment Permit allowing both a disc jockey playing recorded music and live band performance, with up to six musicians in conjunction with a dance studio and banquet hall that will also host weekend social dances and special events. Any change of intensity or type of entertainment shall require a modification to this permit. 2) Entertainment shall be limited to 6 p.m. to 1 a.m. on Friday and Saturdays and from 6 p.m. to 10 p.m. on Sundays. Any expansion or change of days and/or hours shall require modification to this permit. PLANNING COMMISSION RESOLUTION NO. 06-60 DRC2006-00330 — LOURDES KREEFFT June 28, 2006 Page 3 3) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code is permitted. 4) Entertainment shall be conducted entirely within the building. 5) While entertainment is being conducted, all doors and windows shall remain closed for noise attenuation purposes. This does not include the routine opening and closing of doors to access the facility. 6) Exterior noise levels shall not exceed 75 dBA as measured at the property line. 7) If operation of this Entertainment Permit causes adverse effects upon adjacent 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. 8) 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. 9) The applicant shall submit an annual Entertainment Renewal Permit and fee of $75 per Municipal Code Section 5.12.115. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA VBY: C� �J Pam Ste rt, Chairman ATTEST: ZR Jamo R. Troyer, Secretary I, James R. Troyer, 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 June 2006. AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE