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HomeMy WebLinkAbout91-382 - Resolutions RESOLUI~ON NO. 91-382 A RESOI33TION OF THE CITY OOUNCIL OF THE CITY OF RAN(]~O C%3CAMONGA, CALIFORNIA, SUSTAINING ~HE APPEAL OF THE PLANNING C~4ISSION' S D~CISION TO D~qY ~ PERMIT 91-02 FOR THE RMQUEST TO OONDUCT LIVE ~TER~AIN- THE NEIGHBORHOOD CC~4~CIAL DI~fRICT AT 6620 CA.RNk~,TAN STREET, NORI~Nq~C ~0RNER OF 19TH AND CARNk~.TAN STREETS, AND MAKING FINDINGS IN SUPPOR~ THER~0F - APN: 201-811-56 THROUGH 60 A. Recitals. (i) John Mannerino, on behalf of Sam Pellegrino, b~ filed an application for Entertainment Permit 91-02 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit is referred to as the "application." (ii) On July 10, 1991, and continued to July 24, August 14, and September 11, 1991, the Planning Cx~u~,~ssion of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and following the conclusion of said public hearings, adopted Resolution No. 91-132, thereby denying said application. (iii) The decision represented by said Planning C~mHssion Resolution was timely appealed to this-Council. (iv) On October 16, and continued to November 20, 1991, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) Ail legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga 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 hearings including written staff reports, the minutes of the above-referenced Planning C~am,dssion meeting, and the contents of Planning Co~m~ssion Resolution No. 91-132, this Council hereby specifically finds as follows: (a) The application applies to property located at the north- west corner of 19th and Carnelian Streets with a street frontage of 1,037 feet and lot depth of 240 feet and is presently improved with a shopping center. Resolution No. 91-382 Page 2 (b) The property to the north of the subject site is a future freeway; the property to the south of that site is an existing shopping center; the property to the east is an existing shopping center; and the property to the west is existing single family residences. (c) The applicant has been operating the business beyond the 11:00 o'clock P.M. limitation and offering live entertainment in violation of the conditions of approval as contained in Resolution Nos. 83-117 and 91-007 for Conditional Use Permit No. 78-03 and Ordinance No. 290 pertaining to (d) The City has received three written complaints objecting to the lateness of the hours of operation and the live entertainment. (e) The current limitation on hours of operation to 11:00 o'clock P.M. and the elimination of live entertainment were est~_blished as a direct result of a history of public safety and public nuisance problems associated with this location. (f) The City ba~ not received evidence that the former problems have occurred since the owners original request in May of 1990. (g) The applicant ba~ suhnitted a petition of approximately 1,600 signatures in support of extending the hours of operation and providing live entertainment for Sam's Place. 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 conduct of the est~_blishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; and (b) The premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; and (c) That granting the application, together with the conditions of approval, would not create a public nuisance; and (d) That the normal operation of the premises would not inter- fere with the peace and quiet of the surro~2~ residential neighborhood. 4. The City Council of the city of Rancho Cucamonga hereby approves the application with the following conditions: 1) All pertinent conditions of approval as contained in Planning C~L/~,~ssion Resolution No. 82-98, a copy of which has been attached hereto, shall apply. 2) The Enterta~t Permit is granted for a duet only, consisting of an acoustical guitarist and a singer. Resolution No. 91-382 Page 3 3) Any live entertainment shall be provided between 8:00 o'clock P.M. and 2:00 o'clock A.M. Monday through Saturday. 4) The front and beck doors of t_he business shall remain closed during evening hours (after 6:00 o'clock P.M.) except in the event of an emergency. 5) The northwest parking area shall not be used by patrons from Sam's Place and shall be appropriately posted. 6) A minimum of two regularly employed security guards shall be required to be c~ the premises from 6:00 o'clock P.M. until two hours after the cessation of the serving of alcohol and any live entertainment. At least one of the ~,ards shall remain on duty in t_he parking lot and outside adjacent areas of the facility. 7) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances. 8) If the operation of the facility causes adverse effects upon the surrounding residents, adjacent businesses and tenants, including but not limited to, noise, loitering, or disturbances, the Conditional Use Permit shall be brought before the Planning C~,dssion for the consideration and possible termination of use. 5. This Council hereby provides notice to John Mannerino 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 John Mannerino at the address identified in City records. 7. The City Clerk shall certify to the adoption of this I~msolution. PASS~D, APPRO~, and ADOPTED this 4th day of December, 1991. AYES: Alexander, Buquet, Williams NOES: Stout, Wright ABS~I~T: None -~nnis L. Stout, Mayor Resolution No. 91-382 Page 4 I, D~3RA J. ADAMS, CITY ~T.FRK 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 4th day of Deceraber, 1991. Executed this 5th day of December, 1991 at Rancho Cucamonga, California. Debra J. _Ad_a_~, City Clerk Resolution No. 91-382 Page 5 RESOLUTION 82-98 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, 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 Commission 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 Commission held a public hearing to consider the above item. NOW, THEREFORE, the Rancho Cucamonga Planning Commission 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: 2. 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. 3. 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. 4. 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 improvements shall consider the use of sound attenuation material as well as some additional landscaping between the new wall and the existing wall. The plans should be prepared as soon as possible and insta]latiion, with the cooperation of all property owners and before the January 26, 1982 meeting scheduled by the Commission. 5. Speed bumps shall be placed throughout the center. Resolution No. 91-382 Page 6 Resolution No. 82-98 Page 2 6. An analysis of the building shall be conducted to determine the needs for sound insulation. Appropriate insulation shall be installed, if needed. 7. The rear door of the business shall remain closed during evening hours, except in the event of an emergency. 8. The northwest parking area shall not be used by Boar's Head patrons or employees and shall be appropriately posted. 9. This Conditional Use Permit shall be brought before the Planning Commission 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. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982. PLANNINGT~7~/~DN OF ~Y OF RANCHO CUCAMONGA ATT~:'~ ' ~', Secret a~,r. 7 the~P.~Fann i fi~$ i on I, JACK LAM, 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 27th day of October, 1982, by the following vote-to-wit: AYES: COMMISSIONERS: McNiel, King, Rempel NOES: COMMISSIONERS: Barker, Stout ABSENT: COMMISSIONERS: None