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HomeMy WebLinkAbout91-381 - Resolutions RESOLUTION NO. 91-381 A RESOLUI~ON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNC~, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANN/I~G COMMISSION'S D~CISION TO D~Y ~HE ~ TO OONDITIONAL USE PE~4IT 78-03 FOR THE RBQUEST TO EXT~N~ THE HOURS OF OPerATION AND ~ THE CONDITION OF DISTRICT AT 6620 CARNIe.TAN STREET, ~ OORN~ OF SUPPOR~ THERMOF - APN: 201-811-56 TH~0UGH 60 A. Recitals. (i) John Mannerino, on behalf of Sam Pellegrino, has filed a petition to modify the Conditions of Approval for Conditional Use Permit 78-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use 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 Commi~ion of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and at the conclusion of said public hearing, adopted Resolution No. 91-131, thereby denying said application. (iii) The decision represented by said Planning C~,,mission Resolution was timely appealed to this Council. (iv) On October 16 and continued to N~ember 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) All 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 hearing including written staff reports, the minutes of the above-referenced Planning C~mt,~ssion meeting, and the contents of Planning C~t.,~ssion Rmsolution No. 91-131, 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. 91-381 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 proposed amendment contemplates extending the hours of operation to coincide with those est~_blished by the applicant's alcoholic beverage control license; that is, from the current closing hours of 11:00 o'clock P.M. to a new closing hour of 2:00 o'clock A.M., Monday through Saturday; and eliminating the conditions of approval prohibiting live entertainment. (d) The applicant filed the same application to extend the hours of operation on May 22, 1990, and the application was denied on appeal by City Council ~on January 2, 1991, by adoption of their Resolution No. 91-007. (e) The Development Code, Section 17.04.030H, states that following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use of the same or substantially the same site shall be filed within one year frc~ the date of denial or revocation. (f) The applicant b~ been operating the business beyond the 11:00 o'clock P.M. limitation and offering live enterta~t in violation of the conditions of approval and in violation of Ordinance No. 290 pertainir~ to (g) The current limitation on hours of operation to 11:00 o'clock P.M. was esta_blished as a direct result of a history of public safety and public nuisance problems associated with this location. (h) The City has not received evidence that the former problems have occurred since the owner's original request in May of 1990. (i) There are mitigation measures available to prevent any problems that may be created by the extension of hours of operation and 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearings, including written and oral staff reports, this Council hereby finds and concludes as follows: (a) That the proposed use, together with the conditions imposed as mitigation measures, is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. Resolution No. 91-381 Page 3 (b) That the proposed use, together with the conditions imposed as mitigation measures, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. ~ne City Council of the City of Rancho Cucamonga hereby approves the application with the foll~ing conditions: 1) All pertinent conditions of approval as contained in Planning C~m~ssion Resolution No. 82-98, a copy of which has been attached hereto, shall apply. 2) ~nis approval is granted for a restaurant with incidental serving of alcoholic beverages. A lunch and dinner menu shall be served to maintain the primary restaurant use. 3) The hours of operation shall be between 11:00 o'clock A.M. until 2:00 o'clock A.M., Mo _r~__ay through Saturday. 4) The front door of the business shall remain closed during evening hours (6:00 o'clock P.M.), except in the event of 5) The northwest parking area shall not be used by patrons frc~ Sam's Place and shall be appropriately posted. 6) A minimum of two regularly employed security guards shall be required to be on the premises from 6 o'clock P.M. until two (2) hours after the cessation of the serving of alcohol and any live entertainment. At least one of the guards shall remain on duty in the parking lot and outside adjacent areas of the facility. 7) Approval of this request shall not waive cc~pliance 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~,m,~ssion for the consideration and possible termination of use. 5. ~nis Council hereby provides notice to Jc~n 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. Resolution No. 91-381 Page 4 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this ~msolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mil, return- receipt requested, to John Mannerino at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. PASS~D, ~, and ADOPTED this 4th day of December, 1991. AYES: Alexander, Buquet, Williams NOES: Stout, Wright ABS~I~T: None I, DE~RA J. ADAMS, CITY cLk~RK 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 rec3ular meeting of said City Council held on the 4th day of December, 1991. Executed this 5th day of December, 1991 at Rancho Cucamonga, California. Resolution No. 91-381 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 installatiion, 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. 91-381 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. 77?" ATTD~ST: · Secreta~'r I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify thai 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