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Home My WebLink About98-07 - Resolutions RESOLUTION NO. 98-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 97-03, A REQUEST TO ALLOW ENTERTAINMENT INCLUDING, BUT NOT LIMITED TO, INDOOR LIVE ENTERTAINMENT, KARAOKE, DJ MUSIC, DANCING, AMUSEMENT DEVICES (ARCADE GAMES, POOL TABLES, DART BOARDS, KIDS THEATER/PLAY AREA), AND ON-SITE INDOOR AND OUTDOOR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 9,000 SQUARE FOOT LEASE SPACE IN THE REGIONAL COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED WITHIN THE FOOTHILL MARKETPLACE SHOPPING CENTER AT 12809 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-33. 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. Michael Galaz has filed an application for the issuance of Entertainment Permit No. 97-03, 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 14th day of January and continued to the 11th day of February 1998, 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 January 14, and February 11, 1998, 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 12809 Foothill Boulevard and adjoins the main pedestrian plaza for the Foothill Marketplace shopping center; and b. The application applies to an existing sports bar that has been in operation at this location for nine months, with a closing time of 2:00 a.m., without complaint; and c. The property to the north of the subject site is developed with offices, a church, retail, and a service station; the property to the south consists of a Metropolitan Water District reservoir; the property to the east is developed with single family homes, and the property to the west consists of other lease spaces within the Foothill Marketplace shopping center; and PLANNING COMMISSION RESOLUTION NO. 98-07 EP 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 2 d. Restaurants serving alcoholic beverages and providing entertainment may be allowed in the Regional Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Permit application; and e. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and f. The development of the sports bar is consistent with the Regional Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and g. The application, with the following 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. 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. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and c. 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. Granting the application would not create a public nuisance; and e. 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. 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 COMMISSION RESOLUTION NO. 98-07 EP 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 3 Planning Division 1) This approval is only for a sports bar with indoor live entertainment, D.J. music, karaoke, dancing, and amusement devices (arcade games, pool tables, dart boards, kids play area). 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 9:00 a.m. and 2:00 a.m. Saturdays and Sundays and 11:00 a.m. to 2:00 a.m. Monday through Friday. Any expansion of 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) 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. 5) 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 posted "Fire Exit Only." 6) 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. 7) 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. 8) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 9) 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 officer" 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. 10) Noise shall not exceed City standards for exterior noise in a commercial zone. PLANNING COMMISSION RESOLUTION NO. 98-07 EP 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 4 (11) Use shall not commence until such time as all conditions herein, Uniform Building Code and State Fire Marshal regulations have been complied with. The premises and the grounds shall be inspected for compliance prior to commencement of use. Building & Safety Division/Fire Prevention District 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 11TH DAY OF FEBRUARY 1998. PLANNING C• - • o THE CITY OF RANCHO CUCAMONGA —i BY: atif VI_ E. D. i% Barker, Chai man ATTEST: S- . 4 Br-• !SecretW 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 11th day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY