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Home My WebLink About97-68 - Resolutions RESOLUTION NO. 97-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 97-02, A REQUEST TO ALLOW ENTERTAINMENT INCLUDING, BUT NOT LIMITED TO, D.J. MUSIC, DANCING, SATELLITE TELEVISION, AND AMUSEMENT DEVICES (POOL TABLES, DART BOARDS) IN CONJUNCTION WITH A SPORTS BAR AND NIGHT CLUB IN THE COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134 FOOTHILL BOULEVARD- APN: 1077-601-07 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. Charles Joseph and Associates has filed an application for the issuance of Entertainment Permit No. 97-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 10th day of December 1997, 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 December 10, 1997, 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 10134 Foothill Boulevard with a street frontage of 214 feet on Foothill Boulevard and 220 feet on Hermosa Avenue and is presently improved with a motel, convenience market, and vacant restaurant/night club building; and b. The property to the north of the subject site is vacant, the property to the south consists of a restaurant, the property to the east is developed with a residence, and the property to the west is occupied by a motel and convenience market; and c. Night clubs serving alcoholic beverages and/or providing entertainment are allowed in the Community Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Permit application; and d. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and PLANNING COMMISSION RESOLUTION NO. 97-68 EP 97-02 - TWINS BAR & GRILL December 10, 1997 Page 2 e. The development of the night club/sports bar is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and f. The application proposes to upgrade the site to include providing additional parking and landscaping consistent with the requirements of the Foothill Boulevard Specific Plan and the Development Code; and g. The application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code. 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 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, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions 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 adjacent apartment complex; 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 in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below: Planning Division 1) This approval is only for D.J. music, dancing, satellite television, and amusement devices (pool tables, dart boards) in conjunction with a PLANNING COMMISSION RESOLUTION NO. 97-68 EP 97-02 - TWINS BAR & GRILL December 10, 1997 Page 3 sports grill and night club. Any change of intensity or type of entertainment shall require a modification to this permit. 2) The days and hours of operation shall be limited to between 10:00 a.m. and 12:00 a.m. midnight Sunday through Wednesday and 10:00 a.m. to 2:00 a.m. Thursday and Saturday. The hours of operation may be modified at the six month Planning Commission monitoring review per Condition 13 below. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 4) Entertainment shall be conducted inside the building. 5) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 6) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 7) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 8) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 9) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 10) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 11) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm shall be required to be on the premises from 8 p.m. until the parking lot is cleared after the conclusion of any entertainment. The guard shall be in "peace office?' attire and shall remain on duty in the parking area and outside adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 12) The applicant shall submit a monthly entertainment schedule for City Planner review for compliance with approved entertainment. PLANNING COMMISSION RESOLUTION NO. 97-68 EP 97-02 - TWINS BAR & GRILL December 10, 1997 Page 4 13) The Entertainment Permit herein granted shall be monitored and brought back to the Planning Commission within six months from the date of occupancy to review compliance with all conditions of approval and applicable City Ordinances. Failure to comply with the conditions of approval or applicable City Ordinances shall cause the suspension of the Entertainment Permit by the Planning Commission. Fire District/Building & Safety Division 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 1997. PLANNING • • • ' 5 THE CITY OF RANCHO CUCAMONGA SBY: .i11Wi rtL . Da • :arker Chairman ATTEST. / - Bra• Secr 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 10th day of December 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE