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HomeMy WebLinkAbout91-380 - Resolutions RESOLUTION NO. 91-380 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF RAN(~O ~, CAT./FO~NIA, S%T~EA~qIN~ THE APPEAL OF THE PLANNING CCtStISSION'S DECISION TO REVOKE CONDITIONAL USE PERMIT NO. 78-03 FOR THE OPerATION OF A BAR IN OONJUNC- O28~MERCIAL DISTRICT AT 6620 CARNI~T.TAN STREET, OORNER OF 19TH AND CARNk'ff',TAN STREETS, AND MAKING FINDINGS IN SUPPO~ THEREOF - APN: 201-811-56 THROUGH 60 A. Recitals. (i) On December 27, 1978, the City of Rancho Cucamonga approved Conditional Use Permit 78-03 for a restaurant with related bar facilities and musical entertainment permitting hours of operation frc~ 11:00 o'clock A.M. to 2:00 o'clock A.M. On July 10, 1985, the City of Rancho Cucamonga modified Conditional Use Permit 78-03 to restrict the hours to 11:00 o'clock A.M. to 11:00 o'clock P.M. and eliminate the provision for enterta~t at the facility. (ii) On July 10, 1991, continued to July 24 and August 14, 1991, the Planning (kxmnission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the campliance review of Conditional Use Permit No. 78-03. (iii) On August 14, 1991, the Planning C~m,dssion of the City of Rancho Cucamonga received public testimony and concluded said campliance hearing on that date and set a new public hearing on Se~ 11, 1991, for the consideration of a suspension and/or revocation of Conditional Use Permit No. 78-03. (iv) On September 11, 1991, the Planning C~m,,~ssion of the City of Rancho Cucamonga concluded said hearing and adopted Resolution No. 91-133 thereby revoking Conditional Use Permit 78-03 for a bar facility. (v) The decision represented by said Planning C~,,,,~ssion Resolution was timely appealed to this Council. (vi) On October 16 and continued to November 20, 1991, the City Council of the City of Rancho Cucamonga conducted duly noticed public hearing on the revocation of Conditional Use Permit 78-03 and concluded said hearing on that date. (vii) 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. ~nis Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Resolution No. 91-380 Page 2 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~ssionmeetings, and thecontents of the Planning C~Lm~ssion Resolution No. 91-133, this Council hereby specifi- cally finds as follows: (a) The business location is at the northwest 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. (b) The property to the north of the subject site is a future freeway; the property to the south 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 owner has requested an amendment to extend the hours of operation to coincide with those established by the applicant's alcoholic beverage control license; that is, frc~ 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 prc~_ibiting live entertainment. (d) The owner filed the same application to extendthe 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 current limitation on hours of operation to 11:00 o'clock P.M. and the elimination of live entertainment were established as a direct result of a history of public safety and public nuisance problems associated withthis location. (f) The owner has been operating the business beyond the 11:00 o'clock P.M. limitation and offered live entertainment in violation of the conditions of approval as contained in Resolutions No. 83-117, 83-117-A, and 91-007 for Conditional Use Permit No. 78-03 and Ordinance No. 290 pertaining to EntertainmentPermits. (g) The Cityhas only received threewrittenc~mplaints object- ing to the business operation, specifically the hours of operation and the liveentertainment. (h) The City bsn not received evidence that the former problems have occurred since the owner's original request in May of 1990. (i) The applicant ban sukEitted 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 substantial evidence presented to this Council during the above-referenced public hearings and upon the specific findings of facts set forth in paragra~hs 1 and2 above, this Council hereby finds and concludes as foll~s: Resolution No. 91-380 Page 3 (a) The Conditional Use Permit is being conducted in an appropriate manner and modifications are available to mitigate the impacts. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby declines to revoke Conditional Use Permit No. 78-03 and sustains the appeal. 5. This 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. 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 Resolution. PASS~D, AP~, and ADOPI~D this 4th day of December, 1991. AYES: Alexander, Buquet, Williams NOES: Stout, Wright ABSENT: None Dennis L. Stout, Mayor I, D~'~ J. AD31~, ~ o'.k'~ of tho City of Rancho Cucamoncya, Califorrd. a, cio herel:~ certify that the forogoir~j Rosolution w~ duly ~, approved, and adopted by tho City Council of the City of Rancho Cucam:~a, California, at a ro:jular m~ting of said City O:a.mcil held on tho 4th day of ~, 1991. Exocut~d this 5th day of ~, 1991 at ~o Cucamor~a, California.