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HomeMy WebLinkAbout97-65 - Resolutions RESOLUTION NO. 97-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 97-04, A REQUEST TO OFFER ENTERTAINMENT CONSISTING OF DANCING, DISC JOCKEYS, CONCERTS, AND LIVE BANDS IN CONJUNCTION WITH A BAR AND RESTAURANT WITHIN THE THOMAS WINERY PLAZA, IN THE SPECIAL COMMERCIAL DISTRICT, SUBAREA 2 OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, 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. Ron Bozarth has filed an application for the issuance of Entertainment Permit No. 97-04 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 the 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 8916 Foothill Boulevard, on the northeast corner of Foothill Boulevard and Vineyard Avenue which is improved with a commercial center. b. The property to the north is developed with a commercial center and is part of the Thomas Winery Plaza, the property to the south is developed with a gas station, a liquor store and a fast food restaurant, the property to the east is developed with a commercial center, and the property to the west is vacant but approved with a commercial center. c. The proposed uses consist of full bar service, limited food service and entertainment. d. The proposed uses are consistent with the Special Commercial District of the Foothill Boulevard Specific Plan. PLANNING COMMISSION RESOLUTION NO. 97-65 EP 97-04 - DESPERADOS December 10, 1997 Page 2 e. The proposed entertainment would not conflict with other approved entertainment uses within the Thomas Winery Plaza. f. The commercial center has sufficient parking spaces to accommodate the proposed uses based on a Parking Study prepared by a traffic engineer consultant. 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 the following entertainment uses: dancing, dance lessons with dance instructors, disc jockeys, and live bands. Any change of intensity or type of entertainment shall require a modification to this permit. PLANNING COMMISSION RESOLUTION NO. 97-65 EP 97-04 - DESPERADOS December 10, 1997 Page 3 2) The days and hours of operation for the entertainment shall be limited to 4 p.m. until 2 a.m., Tuesday through Saturday and 3 p.m. to 2 a.m. on Sunday. Any expansion of days and/or hours shall require modification to this permit. 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 between the hours of 7 a.m. and 10 p.m. and 60 dB between the hours of 10 p.m. and 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 inside the premises and one outside in the parking lot area (for a total of two security personnel), from 4 p.m. until the closing of entertainment. The security person in the parking lot 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. All security personnel shall wear distinctive shirts with "security" prominently displayed on the front and back. 12) Concerts will require the submittal of a special security and safety plan for City Planner's review and approval one month prior to the scheduled event. PLANNING COMMISSION RESOLUTION NO. 97-65 EP 97-04 - DESPERADOS December 10, 1997 Page 4 13) The entertainment shall be limited to patrons age 21 and over. 14) The Planning Commission shall conduct a compliance review six months from the date of commencement of the entertainment use. 15) The applicant shall submit a monthly entertainment schedule for City Planner review for compliance with approved entertainment. 16) Private parties with or without entertainment may be allowed during the day and must end before the regular entertainment begins. Private parties are not open to the public and an admission fee cannot be charged. Fire District/Building & Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modifications to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 3) 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 CO', -- • OF THE CITY OF RANCHO CUCAMONGA BY: iena �. David B- er, Chairman ATTEST: ' G �� Bra Se- - PLANNING COMMISSION RESOLUTION NO. 97-65 EP 97-04 - DESPERADOS December 10, 1997 Page 5 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