HomeMy WebLinkAbout98-49 - Resolutions RESOLUTION NO. 98-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,APPROVING ENTERTAINMENT
PERMIT NO. 98-03, A REQUEST TO HAVE ENTERTAINMENT
CONSISTING OF LIVE BANDS IN CONJUNCTION WITH A
RESTAURANT, BAR WITHIN AN EXISTING BUILDING IN THE MASI
PLAZA WITH A LEASED SPACE OF 8,700 SQUARE FEET, LOCATED
AT 11837 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 229-011-39.
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. Jim Connell of Compass Creek Restaurant and Brewery has filed an application for the
issuance of Entertainment Permit No. 98-03, 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 22nd day of July 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 July 22, 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 11837 Foothill Boulevard and is
presently being improved and expanded.
b. The property to the north is developed with a commercial center, the property to
the south is the City's Stadium and Adult Sports Complex, the property to the east contains a
single family house and the area surrounding it is undeveloped, and the property to the west is
undeveloped. The proposed use shares a parking lot with a restaurant and shops to the east and
a parking lot to the south with shops. ,
PLANNING COMMISSION RESOLUTION NO. 98-49
EP 98-03 - COMPASS CREEK RESTAURANT & BREWERY
July 22, 1998
Page 2
c. The proposed uses consist of full bar and restaurant services, a micro-brewery
and entertainment.
d. The proposed entertainment consists of live bands.The proposed days and hours
of entertainment are Sunday through Thursday between 6 p.m. and 11:30 p.m., Friday and
Saturday between 6 p.m. and 1:30 a.m.
e. The proposed uses would be compatible with surrounding land uses.
f. There are sufficient parking spaces within Masi Plaza to accommodate the
proposed uses.
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 COMMISSION RESOLUTION NO.
EP 98-03 - COMPASS CREEK RESTAURANT & BREWERY
July 22, 1998
Page 3
Planning Division
1) This approval is for live bands only. Any change of intensity or type
of entertainment shall require a modification to this permit.
2) The days and hours of operation for the entertainment shall be limited
to Sunday through Thursday between 6 p.m. and 11:30 p.m., Friday
and Saturday between 6 p.m. and 1:30 a.m.. 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 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) If the operation of the facility causes nuisance problems, the City
Planner may require the applicant to implement a security personnel
plan to mitigate the problem. A detailed security plan shall be
submitted for City Planner review and approval.
PLANNING COMMISSION RESOLUTION NO.
EP 98-03 - COMPASS CREEK RESTAURANT & BREWERY
July 22, 1998
Page 4
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) Occupancy of the facility shall not commence until such time as all
Uniform Building Code and Sate Marshal's regulations have been
complied with. Detailed plans shall be submitted to the Rancho
Cucamonga Fire Protection District and the Building and Safety
Division for review and approval, prior to issuance of building permits.
The building shall be inspected for compliance, prior to occupancy.
3) Any modification to the approved plans after occupancy of the
building may require additional review and/or permits from the Rancho
Cucamonga Fire Protection District and the Building and Safety
Division.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY 1998.
PLANNS alai CITY OF RANCHO CUCAMONGA
BY:
E. ► -vid tarter, C -' man
ATTEST: /
Bra Sec -tary
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 July 1998, by the following vote-to-wit:
AYES: COMMISSIONERS: . BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE