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HomeMy WebLinkAbout91-352 - Resolutions NOT~ RESOI33rIONNO. 91-352 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DfIqYING ~HE APPFAL AND UPHOLDING ~HE PIANNING GC~IISSION'S DfX/ISION TO Df~Y ~ PERMIT 91-02 FOR THE Rt~UEgr TO ~ LIVE ~- THE NEIGHBORPXX)D ~ DIgrRICT AT 6620 ~IAN STREET, NORTHWEST ~ OF 19TH AND CARN~IAN STRF~TS AND MAKINGFINDINGSINSUPPORP~DF -APN: 201-811-56 THRDUGH60 A. R~citals. (i) John Mannerino, on behalf of Sam Pellegrino, has 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 Ccmmtission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and following the conclusion of said public hearings, adopted Resolution No. 91-132 thereby reco~ending to this City Council that said application be denied. (iii) ~ne decision represented by said Planning Cx~,m,~ssion Resolution was t~mely appealed to this Council. (iv) On October 16, and continued to November 20, 1991, the City Council of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B. R~lution. NOW, ~REFORE, 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. 2. Based upon substantial evidenoe presented to this Council during the above-referenced public hearings including written staff reports, the minutes of the above-referenced Planning Cc~mtdssion meeting, and the contents of Planning O~,,,aission 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. 91-352 Page 2 (b) ~ne 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) Tb~ applicant b~ 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) ~ne City received written c~laints objecting to the late- ness of the hours of operation and the live enterta~t. (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 nuisanoe problems associated with this location. (f) The former problems have not occurred since the curtailment of the hours to 11:00 o'clock p.m. and the elimination of live entertainment. (g) The exter~ion of hours of operation together with live entertainment may be detrimental to the surrounding single family residences because of their close proximi~ and because of the nature of bar facilities. (h) The extension of hours of operation together with live entertainment for a bar facility would be inc~t~atible with the surrounding residential area. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearings, including written and oral staff re~z~, this Council hereby finds and concludes as follows: (a) The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals, or welfare; and (b) The premises or establishment is likely to be operated in an illegal, improper, or disorderly manner; and (c) That granting the application would create a public (d) That the normal operation of the premises would interfere with the peace and quiet of the surrc~a~/r~ residential neighborhood. 4. The City Council of the City of Rancho Cucamonga hereby denies the application. All conditions of approval contained in City Council Resolution No. 91-007 shall remain in full force and effect. 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 Prooedure Section 1094.6. Resolution No. 91-352 Page 3 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 oopy 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.