HomeMy WebLinkAbout94-200 - ResolutionsRt~OLU~INO. 94-200
A RESOLUTI~ OF ~{E CITY ~ OF ~ CITY OF ~
~, CALIP~r/A, D_~Y~XNIN~ TO REV(kKE ~
PE~4IT NO. 91~2 ~ ~'~ ~ ~~'S
~'S~, ~~~~OF~~
~~~~ ~~~F -~: 201~-~
~ 60.
1. On Decemb~-~ 4, 1991, the City Council adopted Resolutiom No.
91-382 ap~xDvir~ Entertainment Permit 91-02, to all~ ent~Wca/nment uses
co~sistingofaduet.
2. On Marcil 8, 1994, the City of Rancho O~amonga gave notice to the
applicant that he violated the Entertainment Permit with the use of a disc
3. On March 23, 1994, the Planning C~..,dssic~ of the City of Rancho
~ carducted a duly noticed public hearing for the revocation of the
Entertainment Permit, ard followinq the oonclusion of said hearir~, ad~
Resolution No. 94-22 thereby revoking said permit. The decision re~resented
by said Planning C~mYdssion Resolution w~s timely appealed to this Oouncil.
4. On May 4, 1994, the City Oouncil of the City of Ranc{~ O~Am~nga
cotducted a duly noticed public hearing and continued it to September 21,
1994, with conditionthatthe applicant omplywithall oonditions of ~1
within one week from the May 4, 1994 date and that the hours of operation
oeaseatmidnighteffective i~nediately.
5. On June 1, 1994, the City Council reopened the public hearin, to
check for compliance with those terms imposed on May 4, 1994, and cont~
t h ringto 21, 1994.
6. On September 21, and continued to October 5, 1994, the City
Oouncil of the City ofl~ancho~~andooncludedthehearing.
7. All legal prerequisites prior to the adcution of this Resolution
have occurred.
B. P~solution.
NOW, ~HEREFORE, it is hereby found, determined, and resolved by the
City Oouncil of the City of Rancho O~amnnga as follows:
1. ~ Council hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and oc~rect.
Resolutic~ No. 94-200
Page2
2. Based upon substantial evidence p~esented to this Oouncil during
the above-referenced public b~arings on June 1 and Se~ 21, 1994,
including written staff repcxTs, this Council hereby specifically finds as
follows:
a. The application applies to property located at 6620 Carnelian
Street and is presently improved with a shopping center; and
b. The pr~ to the north of the subject site is vacant and
planned for a future freeway, the properties to the south and east are
existing shopping centers, and the property to the west is single family
residences; and
c. In respc~lse to c~L~laints from adjaoent resid_ents, the
applicant was sent a notice by letter, dated May 7, 1992, remind/rig him to
comply with, and adhere to, all the conditions of approval as conta~ in
City Council Resolution No. 91-382; and
d. Newspaper advertisements in the Inland Valley Daily Bulletin
indicated that entertainment such as live bands, disc jockeys with karaoke,
and lingerie show~ w~re offered at Sam's Place. On June 22, 1993, the
applicant was notified to cease all illegal entertainment except for the
ap~ duet. Despite repeated contacts, the violatic~ continued as
evidenced by the ~per advertisement for enterta~ (such as live bands
and disc jockeys) dated August 25, 1993, and verified by site inspections on
September 19, and 21, 1993; and
e. In response to the City's citation prooess, the applicant
suhni~ an application to modify the permit to legalize the added
er~certa~ on September 23, 1993; ar~
f. On January 5, 1994, the City Council adopted Resolution No.
94-004 denying the applicant's request, except for karaoke. The approved
entertainment consists of a duet and karaoke; and
g. Site inspections on January 24, and 26, 1994, and illegal
signs retrie~ in the City on March 10, 1994, indicated that the applicant
continued to violate this permit with the use of d/sc jockeys. A notice of
permit violations and a notice of the scheduled March 23, 1994 revocation
hearingwas sent totheapplicantonMarch8, 1994; a~d
h. At the meeting on March 23, 1994, the Planning O..,,,,~.~sion
revoked the Entertainment Permit, whic~ was timely appealed by the
applicant. At the appeal hearing on May 4, 1994, the City Oouncil directed
the applicant to c~m~lywith all conditions of approval within c~eweekfrcm
saiddatea~corfcinuedtheheari~gto~21, 1994; and
Resolutic~ No. 94-200
Page3
i. Based c~ city Council action of May 4, 1994, in--ices were
~ on May 12, May 18, and May 24, 1994, to check the site for
oc~pliance with .all co~diti~ of ap~. The insectices indicated that
the applicant has failed to po~t 'q~o Parking" signs and put up the
chain across the drive a~le to urevent ~ and parkin~ in the northwest
j. On May 17, 1994, the applicant was given notice of the permit
violations and the schedul~ of the June 1, 1994 revocation hearing. At the
meeting on June 1, 1994, the City Oouncil det_e_~m~ _~ed___ that the applicant
with a good faith effort, at~ to o0~ply with them. ~he City Council
allowed him to contim~ the operation of his bar and entsxtairm~nt, su~ect to
the oonditio~s described in Section A. 10, until his lease of the pr~m~es
expire~ on ~ 17, 1994;
k. At the meeting on September 21, 1994, the a~plicant stated
that he wishes to withdraw frc~ having entertainment, except for Karaoke for
3. Based on the applicant's desire and intended action to relinquish
his Entertainment Permit, this Council does not r~ to take action on the
revocation hearing and adopts t_his resolution acoepting the rel'lnquis~m~nt of
the ~tertainment Permit fr~ the applicant.
4. The City Clerk shall certify to the adoption of this Resolution.
PASS]~, APPROVED, and ADOPlOD this 5th day of October, 1994.
Gutierrez
Resolution No. 94-200
Page4
I, DFRRA J. ADAMS, CITY ~.FRK of the City of Rancho (~, Califc~%ia, do
hereby certify that the foregoing Resolution was duly passed, ap~, and
adopted by the City Council of the City of Rancho O~,~d, California, at a
regular meeting of said City Oouncil held on the 5th day of October, 1994.
Executed this 6th day of October, 1994, at Rand3o Cucamonga,
California.
~ J. A~ms, City Clerk