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HomeMy WebLinkAbout90-36 - Resolutions RESOLUTION NO. 90-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO ENTERTAINMENT PERMIT 89-04 TO ADD ADDITIONAL NIGHTS AND EXTEND THE HOURS ALLOWED TO OPERATE AND CONDUCT ENTERTAINMENT WITHIN PEPPER' S MEXICAN RESTAURANT, LOCATED AT 9740 19TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10. 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) . ( iii) On the 27th day of September, 1989, the Rancho Cucamonga Planning Commission held a public hearing and approved the Entertainment Permit. ( iv) On February 28, 1990, Jeanne Bhatnagar filed an application for a modification to Entertainment Permit 89-04. (v) On the 28th day of March, 1990, the Rancho Cucamonga Planning Commission held a public hearing to consider the above-described modification. (vi) All legal prerequisites to the adoption of this Resolution have occurred. 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 March 28, 1990 hearing, including written and oral staff reports, and the written, signed and verified application of the applicant, together with public testimony, 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 PLANNING COMMISSION RESOLUTION NO. 90-36 EP 89-04 - PEPPER'S MEXICAN RESTAURANT MARCH 28, 1990 Page 2 (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 five nights a week, from Tuesday to Saturday evenings, from 8:30 p.m. to 1 :00 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. 3. Based upon the substantial evidence presented to this Commission during the above-referenced March 28, 1990 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 had not has 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) 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: (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. PLANNING COMMISSION RESOLUTION NO. 90-36 EP 89-04 - PEPPER' S MEXICAN RESTAURANT MARCH 28, 1990 Page 3 (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) When entertainment is being conducted, doors shall remain closed for noise attenuation purposes. (5) Hours of operation of the entertainment use shall be Tuesday through Saturday, from 8:30 p.m. to 1 :00 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) Any signs proposed shall be designed in conformance with the Uniform Sign Program and the City' s Sign Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 1990. PLANNING COM ISSION OF THE CITY OF RANCHO CUCAMONGA i i BY: 4504 i _ li,_ Larry " iel , C. . '.rman Z ,/ ATTEST: A�tif;A �ficitakor Br. r, 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 28th day of March, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE