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HomeMy WebLinkAbout89-102 - Resolutions RESOLUTION NO. 89-102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT 89-03 TO OPERATE AND CONDUCT ENTERTAINMENT BY PROVIDING A DISC JOCKEY, COMEDIANS, LIVE BANDS, AND DANCING FOR MANGO' S BEACHFRONT CAFE, LOCATED AT 8034 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-661-02 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 April 20, 1989, David Michael filed an application for the issuance of an Entertainment Permit (EP 89-03) described above in the title of this Resolution. (iii ) On the 26th day of July, 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 July 26, 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; and (b) The property to the north of the subject site contains the Del Taco Restaurant and a vacant parcel , to the south are office uses, to east is Haven Avenue and the Terra Vista Town Center (under construction) , and to the west is Edwards Theater, restaurant uses and a vacant site; and (c) Mango's Beachfront Cafe is a full service restaurant and bar serving beer, wine, and other alcoholic beverages. The entertainment is proposed Sunday through Saturday evenings, from 6:00 P.M. to 2:00 A.M. The disc jockey and/or live entertainment will be located in the bar area and there will be no admission charge; however, dancing will be permitted in a dance area which totals one hundred thirty (130) square feet. PLANNING COMMISSION RESOLUTION NO. 89-102 RE: EP 89-03 - MANGO'S July 26, 1989 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced July 26, 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; 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 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: (1) This approval is for a disc jockey, comedian or small band. Any change of intensity or type of entertainment shall require application for modification of this permit. (2) Dancing is permitted on a dance floor area which does not exceed one hundred thirty (130) square feet. (3) 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. (4) Doors shall remain closed when entertainment is being conducted for noise attenuation purposes. PLANNING COMMISSION RESOLUTION NO. 89-102 RE: EP 89-03 - MANGO'S July 26, 1989 Page 3 (5) Exterior noise levels shall not exceed 65 dBA during the hours from 7:00 A.M. to 10:00 P.M. and 60 dBA during the hours from 10:00 P.M. to 7:00 A.M. (6) Access to the bar/entertainment area must be from one of the two primary entrances to the building and not from an emergency exit. The rear exit shall be for "Fire Exit Only." (7) Hours of operation of the entertainment use shall be Sunday through Saturday, from 6:00 P.M. to 2:00 A.M. , exclusive of any non- amplified solo musician and band. (8) 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. APPROVED AND ADOPTED THIS 26TH DAY OF JULY, 1989. PLANNING COMISSION OF THE CITY OF RANCHO CUCAMONGA BY: OI d arry T ie , * m. ATTEST: �����0. Br:d r, lag" y 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 26th day of July, 1989, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY, TOLSTOY