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Home My WebLink About98-36 - Resolutions RESOLUTION NO. 98-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 98-01, A REQUEST TO INCLUDE DANCING, LIVE BANDS, KARAOKE, AND BILLIARDS IN CONJUNCTION WITH AN EXISTING CIGAR SHOP AND BAR WITHIN A LEASED SPACE OF 2,800 SQUARE FEET IN THE VIRGINIA DARE BUSINESS CENTER IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 8034 HAVEN AVENUE, SUITE B,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. Daniel Bruncati has filed an application for the issuance of Entertainment Permit No. 98-01, 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 27th day of May 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 May 27, 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 8034 Haven Avenue, Suite B, which is within the Virginia Dare Business Center at the northwest corner of Foothill Boulevard and Haven Avenue; and b. The property to the north of the subject site is developed with a shopping center and multi-screen theater, the property to the south consists of vacant land, the property to the east is developed with the Terra Vista Shopping Center, and the property to the west is developed with a shopping center; and c. The proposed entertainment activities are permitted in the General Commercial district subject to review and approval of an Entertainment Permit; and PLANNING COMMISSION RESOLUTION NO. 98-36 EP 98-01 - DANIEL BRUNCATI May 27, 1998 Page 2 d. The inclusion of dancing, billiards, live and DJ music, and karaoke with a cigar lounge and bar is consistent with the General Commercial District and the Commercial designation of the General Plan; and e. The application, with the attached conditions of approval, will comply with all applicable standards of 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 the applicant, 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 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 dancing, live and DJ music, karaoke, and billiards. Any change of intensity or type of entertainment shall require a modification to this permit. PLANNING COMMISSION RESOLUTION NO. 98-36 EP 98-01 - DANIEL BRUNCATI May 27, 1998 Page 3 2) The days and hours of operation for the entertainment shall be limited to between noon to midnight Monday and Tuesday, noon to 2:00 a.m. Wednesday thru Saturday, and noon to 10:00 p.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 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 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) All signs shall be consistent with the City's Sign Ordinance and the Uniform Sign Program for the Virginia Dare Business Center. All non- conforming signs shall be removed, prior to initiating any of the activities herein approved. 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. 2) An additional $132.00 plan check fee shall be paid, prior to final plan approval. PLANNING COMMISSION RESOLUTION NO. 98-36 EP 98-01 - DANIEL BRUNCATI May 27, 1998 Page 4 3) The applicant shall apply for and seek approval of a public assembly permit, prior to initiation of the entertainment activities requested herein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF MAY 1998. PLANNING C•1 i - - •`R E CITY OF RANCHO CUCAMONGA rBY: • .. ATTEST: � � Brad : rittlr 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 27th day of May 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE