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HomeMy WebLinkAbout94-60 - Resolutions RESOLUTION NO. 94-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 94-02, TO OPERATE AND CONDUCT ENTERTAINMENT BY PROVIDING VARIOUS TYPES OF LIVE MUSIC FOR THE COFFEE KLATCH, LOCATED AT 8916 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-101-23. 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 March 17, 1994, Cynthia and Mike Perry filed an application for the issuance of an Entertainment Permit (EP 94-02) described above in the title of this Resolution. 3. On the 22nd day of June 1994, 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 June 22, 1994, 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 northeast corner of Foothill Boulevard and Vineyard Avenue on a lot presently improved with structures and parking areas which constitutes the Thomas Winery Plaza; and b. The property to the north of the subject site is designated Office Professional and is presently vacant, the property to the south is designated Community Commercial, the property to the west is vacant and the site of the proposed Smith's Food and Drug, and the property to the east is an existing commercial center; and c. The Coffee Klatch is a cappuccino bar serving coffee, espresso, and dessert. The proposal is to provide musical entertainment on Thursdays from 7:30 p.m. to 9:30 p.m. , Fridays and Saturdays from 8:00 p.m. to 11:00 p.m. , and possibly nightly during summer and holiday season and Sunday afternoons. PLANNING COMMISSION RESOLUTION NO. 94-60 EP 94-02 - COFFEE KLATCH June 22, 1994 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced June 22, 1994, 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; and 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. This Commission hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b(3) of the State CEQA Guidelines. 5. 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 live music performances. Any change of intensity of entertainment shall require application for modification of this permit. 2) 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. 3) Exterior noise levels shall not exceed 65 dB during the hours of entertainment operation prior to 10:00 p.m. and 60 dB during the hours after 10:00 p.m. PLANNING COMMISSION RESOLUTION NO. 94-60 EP 94-02 - COFFEE KLATCH June 22, 1994 Page 3 4) Outdoor entertainment shall be limited in location to south or west of the still building and west of the dutch door on the adjacent business. An exhibit shall be reviewed and approved by the City Planner. 5) Hours of operation for the entertainment use shall be Monday through Friday evenings from 7:30 p.m. to 1:00 a.m. and Saturdays and Sundays from noon to 1:00 a.m. 6) This permit shall be renewed annually per Municipal Code Section 5.12.115. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADO•TED THIS 22ND DAY OF JUNE 1994. PLANN 0 SSION OF THE CIT '�''F RANCHO CUCAMONGA ' _,1� BY: _../ IRP��M!IuT_ E. Dav ": B. - Of ATTEST: .,�.I� Brad Mr.,. 5- �- Yry 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 22nd day of June 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE