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HomeMy WebLinkAbout96-015 - ResolutionsRESOLUTION NO. 96-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 95- 26 FOR THE REQUEST TO HAVE A BAR AND SERVE DISTILLED LIQUOR IN CONJUNCTION WITH AN EXISTING RESTAURANT AND BILLIARD HALL LOCATED AT 6620 CARNELIAN STREET, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-811-56, 59, 60, & 61. A. Recitals. 1. Mr. Sam Pellegrino has filed an application for the issuance of Conditional Use Permit No. 95-26, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 13th day of December 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and following the conclusion of said public hearing, adopted Resolution No. 95-60 thereby recommending to this City Council that said application be denied. 3. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4. On February 7 and February 21, 1996, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded the hearing. 5. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above- referenced public hearing on February 7, and February 21,1996, including oral and written staff reports, this Council hereby specifically finds as follows: Resolution No. 96-015 Page 2 a. The application applies to property located at 6620 Carnelian Street and is presently improved with a shopping center. b. The property to the north is vacant and planned for a future freeway, the properties to the south and east are shopping centers, and the properties to the west are single family homes. c. The proposed use is for the serving of distilled liquor within an existing restaurant and billiard hall with a leased space of 4,200 square feet. The hours of operation for the full bar are 11 a.m. to 2 a.m. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, including written and oral staff reports, this Council hereby finds and concludes as follows: a. The proposed use is not in accord with the General Plan, the objectives of the Development Code, or the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, and welfare and materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves the application, subject to each and every condition set forth below: 1) The City Council shall review the Conditional Use Permit for compliance of conditions of approval, and all applicable City regulations, within six months from the date of the adoption of this Resolution. 2) Thirty days pdor to the six-month compliance review date, the applicant shall submit a report documenting the steps he has taken to comply with the conditions of approval and address the adjacent resident's concerns. 3) The northwest parking area shall not be used by patrons from Sam's Place and "No Parking" signs shall be posted. 4) The front and back doors shall remain closed during evening hours, except in the event of an emergency. 5) A minimum of two regularly employed security guards shall be required on the premises from 6:00 p.m. until the last patron has departed from the Sam's Place parking lot. At least one of the guards shall remain on duty in the parking lot and adjacent areas of the facility. Resolution No. 96-015 Page 3 6) Access to the northwest parking area from the main parking area shall be blocked by placing large-size trees in a planter box across the drive aisle. 7) Conditions No. 3 through 6 shall remain in place as long as the bar is in operation. 8) Approval of this request shall not waive compliance with any sections of the Development Code and/or any other applicable City Ordinances. 9) If the operation of the facility causes adverse effects upon the surrounding residents, adjacent businesses, and/or tenants, including, but not limited to noise, loitering or disturbances, the Conditional Use Permit shall be brought before the City for consideration of possible termination of use. 5. This Council hereby provides notice to Mr. Sam Pellegrino that the time within which judicial review of the decision, represented by this Resolution, must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Mr. Sam Pellegrino at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 21st day of February, 1996. AYES: NOES: ABSENT: Alexander, Biane, Curatalo, Gutierrez, Williams None None ATTEST: Debra J. Adam~, CMC, C~ty Clerk William J. Ale~t~nde, ~rayor Resolution No. 96-015 Page 4 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 21st day of February, 1996. Executed this 22nd day of February, 1996, at Rancho Cucamonga, California. D~bra'~j. A~d a m , C~M'C, Cil y~~Clerk~;~