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HomeMy WebLinkAbout94-112 - ResolutionsRESOLUTIG~ NO. 94-112 RESOI//fIC~ OF ~HE CITY (IX~CIL OF THE CITY OF RANC~O ~, CALIPC~F/A, RE~(KING ~ ~ 91-02 ~ A ~ ~ ~, ~'S ~, ~ ~ ~F - ~: 201~11-~ ~ 60. 1. On Dec~mb~ 4, 1991, the City Council adopted Resolution No. 91-382 ~ Er6~air~e~t Permit 91-02, to allc~ entertafu~ent uses Cc~sist/r~ of a duet. 2. On March 8, 1994, the City of Rancho O~mo~3a gave notioe to the applicant that he violated_ the Entsxta/r~ent Permit with the use of a disc j x y. 3. On March 23, 1994, the Planning C~m~dssic~ of the City of Ranoho ~ conducted a duly noticed public hearing for the revocatic~ of the E~tertair~ent Permit, and following the conclusion of said hearir~, Resolution No. 94-22 thereby revoking said permit. The decision re~x~ted by said Planning Cu~,~ssion Resolution was timely appealed to this Council. 4. On May 4, 1994, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and continued it to September 21, 1994, with condition that the applicant cc~ply with all conditions of approval within o~e week frc~ the May 4, 1994 date and that tb~ hours of operation cease at midnight effective i~m~diately. 5. On June 1, 1994, the City Council of the city of Rancho reopened the public hearing and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, ~{EREFORE, it is hereby found, determined.__., and resolved by the City Council of the City of Rancho O~am~ga 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 correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on June 1, 1994, including written staff reports, this Council hereby specifically finds as follc~s: a. The application applies to property located at 6620 Carnelian Street and is presently improved with a shopping center; and t%esolutic~ No. 94-112 Page2 b. The p~ to the north of the subject site is vacant and p~ for a ~ freeway, the propertie~ to the sotlth a~d east are existing shoppin~ centers, an~ the ~opezty to the west is single family c. In response to complaints from adjaoent residents, the applicant was sent a notice by letter, dated May 7, 1992, reminding him to oc~ply with, and adhere to, all the conditions of approval as contained in City Council I%esolutiom No. 91-382; and d. Newspaper advert~nts in the Inland Valley Daily Bulletin indicated that entertainment such as live bands, disc jockeys with karaoke, and lingerie shc~es were offered at Sam's Place. On June 22, 1993, the applicant was notified to oease all illegal entertainment e~ for the approved duet. Despite repeated c~ztacts, the violatioms oc~tinued as ev~ by the newspaper advertisement for entertainment (such as live bands and disc jockeys) dated August 25, 1993, and verified by site inspecti~ on Septe~_~her 19, and 21, 1993; a~d e. In response to the City's citation process, the applicant submitted an application to modify the permit to legalize the added enterta~ on September 23, 1993; and f. On January 5, 1994, the City Council adopted Resolution No. 94-004 denying the applicant's request, except for karaoke. ~he approved enterta~ consists of a duet and karaoke; and g. Site inspectiums on January 24, and 26, 1994, and illegal signs retrieved in the City on March 10, 1994, ~cated that the applicant cc~t~ to violate this permit with the use of disc jockeys; and h. On March 8, 1994, the applicant was sent a notice of permit violations and a notice of the schedtlled March 23, 1994 revocation hearing; i. Based on City Council action of May 4, 1994, inspections w~re cxxzlucted on May 12, May 18, a~d May 24, 1994, to check the site for oc~plianoe with all ccnditic~ of ap~. The inspectic~ indicated that the applicant has failed to post '~o Parking' signs and put up the lockable j. On May 17, 1994, the applicant was given notice of the permit Vl'Olatio~ a~d the scSM~ltil~ of the June 1, 1994 revocation hearing. st~ff r~a~ts, this Council h~-eby finds and ccmcludes as follows: a. The applicant violated ~rovisions of the O~__~rZer 5.12 and the per~i~ activity ur~e~ ~certa~ Permit 91-02; and R~solutioz No. 94-112 Page3 b. The applicant violated the conditions of approval ad~0ted by Council Resolutions No. 91-382 and 94-004. 4. Based upon the f~jngs and oonclusi~ls set forth in ~ 1, 2, and 3 above, this Council hareb~ denies the ~ and uBholds the Plannir~ O.,~io~'s decision in zmvok/n~ Enterraiment Permit 91-04 a~d the ~ shall oease and desist within 10 calendar days f~-c~a the date of the adoptic~ of this Resolution. 5. ~his Council hereby provides notice to John Manmerino, attorney r~u~ent/ng the applicant, that the time within ~hi~h judicial review of the pxovisic~s of California Code of Civil Procedure Sectic~ 1094.6. 6. The City Clerk of the City of Rancho O~a)~3~ is hereby d{rected to: (a) certify to the adoptic~ of this ~esolutic~, and (b) fcxthwith transmit a certified copy of this Resolution, by certified mail, return- receipt requested, to John Mannerino at the address identified in City 7. The City Clerk shall certify to the adoption of this Resolution.