HomeMy WebLinkAbout92-78 - Resolutions RESOLUTION NO. 92-78 /
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT NO. 92-01 , TO CONDUCT PASSIVE LIVE ENTERTAINMENT
OF BLUES AND JAZZ MUSIC AND POETRY READINGS AT ROSE'S
CAFFE LUNA, LOCATED AT 8038 HAVEN AVENUE, SUITE C, AND
MAKINGS FINDINGS IN SUPPORT THEREOF - APN: 1077-661-03.
A. Recitals.
(i) On May 21, 1986, the Planning Commission of the City of Rancho
Cucamonga adopted Ordinance No. 290 providing for the regulation of
entertainment.
(ii) On May 13, 1992, Rose Marie Krantz filed an application for the
issuance of an Entertainment Permit (EP 92-01) described above in the title of
this Resolution.
(iii) On the 13th day of May 1992, the Rancho Cucamonga Planning
Commission held a duly noticed public hearing to consider the above-described
project.
(iv) 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 May 13, 1992 public hearing, including the written
staff report, as well as 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 restaurant and retail uses, to the south is office uses, to the east is a
vacant restaurant, and to the west is Edwards Theater and a vacant site;
(c) Rose's Caffe Luna is an expresso/coffee bar. The proposal
is to provide live musical entertainment on Friday and Saturday evenings from
8:30 p.m. to 12:00 p.m. The band will be located in the indoor eating area.
There will be no admission charge and no dancing will be permitted;
PLANNING COMMISSION RESOLUTION NO. 92-78
EP 92-01 - ROSE'S CAFFE LUNA
May 13, 1992
Page 2
(d) Poetry readings will be held on Thursdays from 8:30 p.m. to
12:00 p.m. within the indoor eating area; and
(e) No beer, wine, or alcohol is served on-site.
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;
(b) That the premises or establishment is 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) 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 poetry readings and small
bands playing musical instruments for listening
pleasure only.
2) No beer, wine, or alcohol shall be served.
3) No dancing is permitted. Any change of
intensity of entertainment shall require an
application for modification of this permit.
4) 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.
PLANNING COMMISSION RESOLUTION NO. 92-78
EP 92-01 - ROSE'S CAFFE LUNA
May 13, 1992
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 expresso/coffee area must be from
the main entrance to the primary use and not
from a separate exterior entrance. The rear
exits shall be for "Fire Exit Only".
7) The applicant shall annually renew this permit
in accordance with Rancho Cucamonga Municipal
Code Section 5. 12. 110 and 5. 12. 115.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF MAY 1992.
PLANNING COMMISSION 0 IHE t OF RANCHO CUCAMONGA
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BY: St „ _ _�/
L.r ry /tv
ATTEST: �� /._r
Otto Kro ti / 'eput/ Secretary
I, Otto Kroutil Deputy .ecretary 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 May 1992, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MELCHER