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HomeMy WebLinkAbout10-038 - Resolutions "NOT ADOPTED"* See Resolution No. 10-039 RESOLUTION NO. 10-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT DRC2004-00326R, FOR A FULL- SERVICE RESTAURANT WITH BAR AND MICROBREWERY WITHIN A 8,794 SQUARE FOOT SPACE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN THE MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-011-39. A. Recitals. 1. On December 9, 2009, the Planning Commission initiated a review of the existing Conditional Use Permit. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 13th day of January 2010, and continued to the 10th day of February 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. On the 17th day of February 2010, the City Council voted 4-1 to appeal the Planning Commission action of February 10, 2010. 4. On the 17th day of March 2010, the City Council held a duly advertised public hearing of the appeal the Planning Commission action of February 10, 2010. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City 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 the substantial evidence presented to the City Council during the above-referenced public hearing on March 17, 2010, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The operations associated with this application have resulted in significant Public Safety Responses; and b. The owners and operators of this business have not complied with the Conditions of Approval; and C. The Public Safety Records demonstrate that the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public; and d. The overall record of documentation demonstrates that the applicant is unfit to be trusted with the privileges granted by such a permit. 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Commission hereby finds and concludes as follows: a. The existing business operation is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The existing business operation has demonstrated that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The Public Safety Records demonstrate that the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public. 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the City Council hereby revokes the application and directs all uses must terminate within 30 days of the City Council action. 6. This Council hereby provides notice to Mike McCarthy and Ron VandenBroeke, 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. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to McCarthy and Ron VendenBroeke, the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to at the address identified in City records. 8. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 10-038 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 17th day of March 2010. AYES: None NOES: None ABSENT: None ABSTAINED: None Donald J. Kurt M.D., Mayor ATTEST: J ice C. Reynolds, Cit Clea I, JANICE C. REYNOLDS, CITY CLERK 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 17`h day of March 2010. Executed this 18`h day of March 2010, at Rancho Cucamonga, California. tt —2 A/l w Ja ce C. Reynol s, City CI rk Resolution No. 10-038 - Page 3 of 3