HomeMy WebLinkAbout89-119 - Resolutions RESOLUTION NO. 89-119
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT 89-04 TO OPERATE AND CONDUCT ENTERTAINMENT BY
PROVIDING A MUSICIAN OR SMALL COMBO GROUP AND DANCING
WITHIN PEPPER'S MEXICAN RESTAURANT, LOCATED AT 9740 19TH
STREET, 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 August 15, 1989, Jeanne Bhatnagar filed for an application
for the issuance of an Entertainment Permit (EP 89-04) described above in the
title of this Resolution.
(iii ) On the 27th day of September, 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 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 September 27, 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 northeast
corner of 19th Street and Archibald Avenue on a lot presently improved with
structures and parking which constitute a Neighborhood Commercial Center; and
(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 three nights a week, from Thursday to Saturday evenings, from
9:00 p.m. to 12:30 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.
PLANNING COMMISSION RESOLUTION NO. 89-119
EP 89-04 - PEPPERS' MEXICAN RESTAURANT
September 27, 1989
Page 2
3. Based upon the substantial evidence presented to this Commission
during the above-referenced September 27, 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 be not 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 Neighborhood 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 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.
(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) Doors shall remain closed when entertainment is
being conducted for noise attenuation purposes.
PLANNING COMMISSION RESOLUTION NO. 89-119
EP 89-04 - PEPPERS' MEXICAN RESTAURANT
September 27, 1989
Page 3
(5) Hours of operation of the entertainment use shall
be Thursday through Saturday, from 9:00 p.m. to
12: 30 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) The Entertainment Permit shall not commence until
such time as all Uniform Building Code and State
Fire Marshall 's regulations have been complied
with. Plans shall be submitted to the Rancho
Cucamonga Fire Protection District and the Building
and Safety Division for review and approval prior
to commencement of any entertainment activity.
(8) Any signs proposed shall be designed in conformance
with the Uniform Sign Program and the City's Sign
Ordinance. Plans for the proposed wall signs shall
be submitted for Planning Division review and
approval prior to installation of such signs and
prior to commencement of the entertainment
activity.
APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER, 1989.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY : ��/ . C20. / ,.e c,
Larry . McNiel , Chairman
ATTEST: Atat,. Arr,
rad 912013r, ' y
i
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 27th day of September, 1989, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, WEINBERGER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BLAKESLEY