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HomeMy WebLinkAbout93-104 - Resolutions RESOLUTION NO. 93-104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 93-04, TO TO OPERATE AND CONDUCT ENTERTAINMENT BY PROVIDING A DISC JOCKEY, KARAOKE, LIVE BAND OF FIVE MEMBERS OR LESS, AND DANCING FOR MANDARIN GARDENS RESTAURANT, LOCATED AT 8034 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-661-02. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. On September 15, 1993, David Yang filed an application for the issuance of an Entertainment Permit (EP 93-04) described above in the title of this Resolution. 3. On the 23rd day of November 1993, 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. 4. 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 November 23, 1993, including written and oral staff reports, together with public testimony, 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, the property to the south is office uses, the property to the east is Haven Avenue and the Terra Vista Town Center, and the property to the west is Edwards Theater, restaurant uses, and a vacant site; and PLANNING COMMISSION RESOLUTION NO. 93-104 EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 2 c. Mandarin Gardens Restaurant is a full service restaurant serving beer, wine, and other alcoholic beverages. The proposal is to provide musical entertainment on Friday, Saturday, and Sunday evenings from 9 p.m. to 2 a.m. The band will be located in the restaurant area, there will be no admission charge, and dancing will be permitted in a dance area which totals 144 square feet. 3. Based upon the substantial evidence presented to this Commission during the above-referenced November 23, 1993, 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 and 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. 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: Planning Division: 1) This approval is only for a small band, disc jockey, dancing, and karaoke. Any change of intensity of entertainment shall require application for modification of this permit. 2) The dance floor area shall not exceed 144 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. PLANNING COMMISSION RESOLUTION NO. 93-104 EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 3 4) Doors shall remain closed when entertainment is being conducted for noise attenuation purposes. 5) Exterior noise levels shall not exceed 65 dB during the hours from 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 6) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. The rear exit shall be for "Fire Exit Only." 7) Hours of operation of the entertainment use shall be Friday through Sunday and holidays from 9 p.m. to 2 a.m. 8) Entertainment shall be conducted inside the building unless written consent is obtained from all adjoining tenants in conjunction with a Temporary Use Permit application process. 9) This permit shall be renewed annually per Municipal Code Section 5.12.115. Fire District: 1) The applicant shall comply with all State Fire Marshal's regulations. The applicant shall submit accurately dimensioned, detailed floor plans for Fire District review and approval, prior to issuance of the Public Assembly Permit. 2) The applicant shall complete any work required by the Fire District and the building shall be inspected to the satisfaction of the Fire Marshal, prior to commencement of the entertainment. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 1993. PLANNING CO SSION OF THE CITY OF RANCHO CUCAMONGA r / BY: at Astab. s ' Pr arry ' cNiel, Chairman ATTEST: Brad Bul er, Secretary PLANNING COMMISSION RESOLUTION NO. 93-104 EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 4 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 23rd day of November 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY