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HomeMy WebLinkAbout91-184 - Resolutions RESOLUTION NO. 91-184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT LIVE ENTERTAINMENT AND DANCING FOR SKIPPER'S GRILL AND BAR LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. (i) Fred and Urai Nelson has filed application for the issuance of Entertainment Permit No. 91-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application. " (ii) On the 23rd of October 1991, and continued to November 13, 1991, 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. (iii) 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 substantial evidence presented to this Commission during the above-referenced public hearing on October 23, 1991, and November 13, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. PLANNING COMMISSION RESOLUTION NO. EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 2 (c) Skipper's Grill & Bar is a full service restaurant serving alcoholic beverages. The proposed entertainment will be conducted indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 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 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 ten 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 residential uses and the community 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 each and every condition set forth below: Conditions; 1) This approval is for small bands or individual musicians. 2) Dancing is permitted on a dance floor area which shall not exceed 150 square feet. 3) If the operation of this Entertainment Permit causes any adverse effects upon adjacent businesses or operations or residential uses, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 3 4) All doors shall remain closed when entertainment is being conducted for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to 2:00 a.m. 5) Hours of operation of the entertainment use shall be limited to Sunday through Saturday, from 8:00 p.m. to 2:00 a.m. 6) Entertainment shall be conducted inside the building. 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) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 9) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 10) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 11) Any modification, expansion, or other change in operation will require a revision to the Conditional Use Permit. 12) All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 4 APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING COMMI r ION OF THE CITY 0 RANCHO CUCAMONGA P BY: Sat i . l / . Wr y I Niel, Chairman 110: i/ ATTEST: �(if/'/ 1 A Brad : f'er,Wretary 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 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE