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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