HomeMy WebLinkAbout94-004 - ResolutionsRESOLUTION NO. 94-004
A RESOLUTION OF THE CITY O0t~CIL OF THE CITY OF RANCHO
(I~ISSION'S D~IISION IN PAR~ IN D~TT/NG A MODIFICATIC~
TO ~ Pf~MIT NO. 91-02, TO EXPAND ~{E
~ON WITH A ~ AND BAR ~ AT 6620
AND MAKING FIND~ IN ~ TH~R~DF - APN: 201-811-56
THROOSH 60.
A. Recitals.
(i) Luanne Pellegrino has filed an applicatic~ for the issuance of
Entertainment Permit No. 91-02, as described in tb~ title of this
Resolution. Hereinafter in this Resolution, the subject ~tertainment Permit
request is referred to as "the application."
(ii) On November 10, 1993, the Planning Cu.,~ission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and concluded said hearing on that date. The Cx,,,,,~.~ion adopted a Resolution
of Denial at the meeting on November 23, 1993.
(iii) ~ne decision represented by said Plannirg C~m,,~ssion resolution
was timely appealed to this Council.
(iv) On January 5, 1994, the city Council of the City of ~
Cucamonga conducted a duly noticed public hearirg on the application and
concluded said hearing on that date.
(v) All legal prerequisites prior to the adoption of this Resolution
have oocurred.
B. Resolution.
NOW, ~7{fREFORE, the City Council of the City of Rancho Q~an~nga does
hereby find, determine, and resolve 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, including written staff reports, the
minutes of the Planning C~mt,~ssion meeting, and the contents of Planning
Cxa~lssion Resolution No. 93-101, this Council hereby specifically finds as
follows:
a. ~he application applies to property located at 6620 Carnelian
Street and is presently improved with a shopping center; and
Resolution No. 94-004
Page 2
b. ~ne property to the north is vacant and planned for a future
freeway, the prope~ to the south is a shopping center, the property to the
east is a shopping center; and the properties to the west are single family
c. ~ne original Enterta~t Permit was granted for a duet and
allowed enterta~ on Mor~__ay through Saturday, between 8 p.m. to 2 a.m.;
d. The applicant expanded the types of erfcerta~t to include
live bands, disc jockey with karaoke, and lingerie shows and the days for
enterta~ to include Sur~__ay, in violation of Ordinance No. 290 and City
CouncilResolution No. 91-382; and
e. After repeated contacts with City staff regarding the
violations, the applicant continued the violations, which ultimately led to
the issuance of the City's Notice of Violation. Upon receiving the Notice of
Violation, the applicant sukm%itted an application requesting modification to
the Entertainment Permit to allow entertainment on Sunday and to add live
bamd~, disc jockey, and karaoke for enterta~t; and
f. The City received cu,~L~nts frc~ adjacent residents objecting
to the loud ~usic from the entertainment in the bar and loud noise frc~ the
loitering activities in the parking lot in the late evening and early morning
hours, during the months the applicant illegally expanded the entertainment;
g. The proposed entertainment with the exception of karaoke will
continue the land use conflict previously described with the westerly
residential neighborhood because of the adverse impact of excessive noise
cc~ing frc~ Sam's Place in the late evening and early morning hours; and
h. The applicant has not demonstrated that he can be a good
neighbor nor comply with the City's codes and conditions of approval because
the City b~-~ previously received complaints frc~ residents of the same
w~-terly neighborhood objecting to the loud music, noise, and loitering
activities oc~ng frc~ Sam's Place and because the applicant continued to
violate the city's ordlna~ces and conditions of approval under the permit
despite repeated notices frc~ the City to og~.~e the violations and to address
3. Based upon the substantial evidence presented to this Oouncil
during the above-referenced public hearing and upon the specific findings of
facts set f~rth in paragraF~s 1 and 2 above, this Oouncil hereby finds and
concludes as follows:
a. That the conduct of the est_~_blishment and the granting of the
application would be contrary to the public health, safety, morals, or
welfare.
Resolutic~No. 94-004
b. That tb~ establishment is likely to be operated in an
illegal, improper, or disord_evly~.
c. That that granting of the applicatic~ would create a public
nuisance e
d. ~nat the normal operation of the premises %~uld interfere
with the normal peace and quiet of any surrounding residential neighborhood.
4. Based upon the findings and ccnclusioms set forth in paracjraphs
1, 2, and 3 above, this Council hereby denies the application in part subject
to the following conditions:
a. All conditions of approval as -cuntained in City Oouncil
Resoluton No. 91-382 and Planning C~,,,,,~-~ion Resolution No. 82-
98, a copy ofwhichhasbeenattachedhereto, shall apply.
b. Karaoke without Disc Jockey is allowed.
5. This Council hereby provides notice to Jdun Mannerino that the
time within which judicial review of the decision ~ by this
Resolution must be sought is governed by the provisioms of California Co de of
Civil Procedure Section 1094.6.
6. The City Clrekof the City of Rancho Cucamonga is herebydirected
to: (a) certify to the adoption of this Resolution, and (b) forthwith
transmit a certified copy of this Resolution, by oertified 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.
PASSe, APPROVED, and ADOPl~ this 5thday of January, 1994
Alexander, Buquet, Stout, Williams
NOES: None
None
Gutierrez
Resolution No. 94-004
Page4
I, D~3~A J. ADAMS, CITY ~.~K 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 5th day of January, 1994
ExeoJted this 6th day of January, 1994 at Rancho Cucamonga,
California.
City Clerk
Resolution NO. 94-004
Page5
RESOLUTIC~ NO. 91-382
A RESOLU~ OF THE CITY ~ OF T~ CITY OF RANO~
~, C..M.?K~A, ~ ~ APPEAL OF ~E
PLANNING Oi$~(ISSI(~'S D~CISI(~ TO D~'Y
~ 91-02 ~ THE
~E NEI~80~00~ ~ DISTRICT AT 6620 C:~.~4~.T~
STREET, ~ ~ OF 19~{ A~) C~.T~,.I~
A~) ~ ~~ ~ ~ ~F - ~: 201~11-56
~ 60
(i) John Mannerino, o~ behalf of Sam Pelle~rino, has filed an
ap~licatio~ for Entertainment Permit 91-02 as deecribed in the title of this
is referred to as the "application."
(ii) On July 10, 1991, and oo~tinue~ to July 24, Aulgust 14, ar~
~ 11, 1991, the Plann/n~ C~,,-.i~ion of the City of Rancho
conducted a duly noticed public hearir~ o~ the a~01icatic~ and follc~ing the
cc~clusic~ of said public hearir~s, adopted Resolutic~ No. 91-132, ther~
denying said application.
(iii) Th~ d~ision ~ b~ said Plarning
Resolution was timely ~]ed to this.Oa~cil.
(iv) On October 16, and ~ to November 20, 1991, the City
Council of the City of Rancho O~c~,....~m omlducte~ a duly noticed ~ubli¢
(v) All legal prerequisi~ prior to the adoptic~ of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho O~-~3a does
hereby find, determine, and resolve as follows:
1. This Council ~ specifically finds that all of the facts set
forth i~ the Bs:itals, Part "A," of this Resolution are true and correct.
of Plannin~ O~,..Li~ion Resolution No. 91-132, this Council hereby specifically
finds as follows:
(a) The a~lication a~li~ to ~Ly located at th. no~n-
west corner of 19th ar~ ~ia~ ~ with a stree~ fro~age of 1,037 feet
and lot de~ of 240 feet and is preemn~ly i~ with a s~ing center.
Resolutic~ No. 94-004
Page6
Rmsoluti~ No. 91-382
(b) The property to the north of the subject site is a future
freeway; the l~e~Lf to the south of that site is an ~ sho~pir~
~ to the wrest is existin~ sirule family ~t~-
(c) The applicant has been oparatim~ the business beyoral the
11:00 o'clock P.M. limitatic~ and offerir~ live ~ in violaticm~ of
the oor~li~ic~s of approval as ~ in Reeolutic$~ No~. 83-117 and 91-O07
for Cor~iitior~l ~ Permit No. 78-03 and ~ No. 290 ~ to
(d) ~he City has _r~_~ived three written cc~plaints ~jectin~ to
the lateness of the hours of operation and the live e$~f~z~i~t.
(e) ~ (:u~m~C limltaticll (xl ~ of c~zatic~l to 11:00
o'clock P.M. and the ~llmi-aticll of live ~fcsrt~i~ ~ mse~_hlishsd as a
direct result of a ~ of public safety and public m,~__.c~_ ~-ubl~
(f) The City has not r~oaiv~d evidence that the former problems
have oocurred si~ tl~ ~ origin~ ~ in May of 199o.
(g) ~he applicant has su~mttX~t a petition of approximately
1,600 si~naturms in sup~ of extendir~ the hours of operatic~ and ~-oviding
live ~:sxT~irm~c for Sam's Place.
(a) ~he cxaxtuct of the es+~hlimhnmYc or the granting of the
application w~uld not be c~rary %0 the pablic health, safety, morals, or
(b) ~ pr~ises or ese,,hlish~ent is not likely to be operae~
in an illegal, i~, or di~-C~rly m~mmr; and
(c) That 9ran~ the applicat. ton, ~ with the oorditio~
of approval w~uld not create a public ~/sanoa; and
(d) That the normal opera~b~n of the prodsee wc~ld not inter-
fete with the peace and quiet of the surr~ur~lin~ rmmidential neighLu~loat.
4. ~%e City Council of the City of Rancho Ow'- .... ~a hereby approves
the application with the followin~ oo~ittior~:
1)
Plannin~ O'~,.,i~ion Resolution No. 82-98, a copy of wkich
has beta a~ h~m~o, shall apply.
2)
The ~Ai~nt' P~rmit is 9xant__~ for a duet or/y,
Resoluticn No. 94-004
Page7
Resolutic~ No. 91-382
3)
Any live esf~x~b~s~X shall Me ~vi~ b~o,~an 8:00
o'clock P.M. ar~ 2:00 o'clock A.M. M~ ~hrou~ Saturck~y.
4)
The f~-,.,,t an~ back
closed c~rir~ e~gtb~ hours (after 6:00 o'clock P.M.)
exce$~ in the empac of an
5)
e)
Me rm~tre~ ~o Me on ~ ~ frg~ 6:0~ o'clock P.M.
a~jace~c arem~ of the facility.
7)
s)
If the o$~xa~ion of the facility cause~ adverse effect~
tamants, ~1~ ~ ~ ] ~m~ ~, ~, loi~, ~
5. Th/s O0uncil hereby provides notice to J~n Manmxir~ that the
tires within whic~ judicial revie~ o~ the decision zA .v---~.a~ b~ this
Civil Procedure Section 1094.6.
transmit a certified 0ogy of this B~eolution, b~ om-tifie~ mail, rsO. mn-
receipt reques~_~, to John Mar~erino at the ~c kle~g/fie~ in City
7. ~m City Clerk shall certify to the ~on of this Bmsolution.
PASSe), ~, ar~ ~ this 4th ~a¥ of D,_- .A~t, 1991.
AYES:
NOES:
ABSB~T:
Resolution No. 94-004
Resolutic~ No. 91-382
I, D~H~A J. ~, CITY ~R~( of the City of
California, at a r~ mmet/r~ of said City Oma~cil held (a~ the 4t.h ~a¥ of
De(L --.a--., , 1991.
Exmcut~ this 5th day of ~~', 1991 at Rancho
California.
city Cl~rk
I~solution ~o. 94-004
RESOLUTION 82-98
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
OF THE CITY OF RANCHO CUCAJqONGA, CALIFORNIA, MODIFYING
CONDITIONAL USE PERMIT 78-03 FOR BAR AND ENTERTAINMENT
FACILITIES WITHIN THE BOAR'S HEAD ESTABLISHMENT LOCATED
IN THE RANCHO PLAZA IN THE C-1 ZONE
WHEREAS, on the 22nd day of September, 1982, the Planning Con~nission
determined the need to suspend Conditional Use Permit 78-03 and to conduct a
public hearing; and,
WHEREAS, on the 27th day of October, 1982, the Planning Co~mission
held a public hearing to consider the above item.
NOW, THEREFORE, the Rancho Cucamonga Planning Co~mfiission resolves as
follows:
SECTION 1: Additional conditions and changes are found to be needed
for Conditional Use Permit 78-03 in order to mitigate the past disturbances
and bring the use in accord with the intent and purpose of the neighborhood
shopping district. Therefore, the following conditions are added to those
already in effect per Resolution 78-40:
Periodic policing of the parking lot by the
management of the business should be done on a
nightly basis to assist in averting disturbances
from patrons.
Block access to the northwest parking area from the
main parking area by placing large trees and
planters in the driveway. Additionally, a chain or
breakaway barrier shall be used to block access to
this area from the rear driveway during evening
hours.
A sound attenuation wall shall be built on the three
properties adjacent to the northwest parking area of
the center. The precise height, location and
construction materials shall be determind through
the development of a precise development plan, which
shall be prepared by the shopping center owner and
reviewed and approved by the City Planner. Such
improvemints shall consider the use of sound
attenuation material as well as som~ additional
landscaping between th~ new will and.the existing
wall. The plans should be preparco as soon as
possible and InstallaCtion, with the cooperation of
all property owners and before the January 26, lg82
meeting scheduled by the Cofimmtssion.
5. Speed bumps shall be placed throughout the center.
Resolution No. 94-004
Page 10
Resolution No. 82-98
Page 2
e
An analysis of the building shall be conducted to
determine the needs for sound insulation.
Appropriate insulation shall be installed, if
needed.
The rear door of the business shall remain closed
during evening hours, except in the event of an
emergency.
The northwest parking area shall not be used by
Boer's Head patrons or employees and shall be
appropriately posted.
This Conditional Use Permit shall be brought before
the Planning Con~nission on January 26, 1983, for a
report on the performance of the establishment.
10.
The business shall alter its operation to include
restaurant usage and food service during the evening
hours. This is required to meet the intent of the
original approval and shall be accomplished within
sixty (60} days of this action.
PLANNING
BY:
~ .Jef~
APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982.
OF T~/Y OF RANCHO CUCAMONGA
ATTI
ecret~y"bT"ihe'"PTanni
Oc .....tsston
I, JACK LAM, Secretary of the Planning Co~m~tsston 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 Co~mission held
on the 27th day of October, 1982, by the following vote-to-wit:
AYES:
COMMISSIONERS:
McNiel, King, Rempel
NOES: COMMISSIONERS: Barker, Stout
ABSENT: COMMISSIONERS: None