HomeMy WebLinkAbout10-071 - Resolutions - NOT APPROVED *NOT ADOPTED*
See Resolutions 10-080 and 10-081, adopted 6-02-10
RESOLUTION NO. 10-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL
AND UPHOLDING THE PLANNING COMMISSION'S
REVOCATION OF ENTERTAINMENT PERMIT DRC2007-00284R,
FOR LIVE ENTERTAINMENT AND DANCING AT AN EXISTING
RESTAURANT USE IN THE MASI PLAZA CENTER IN THE
INDUSTRIAL PARK DISTRICT,SUBAREA 7, LOCATED AT 11815
FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT
THEREOF —APN: 0229-011-38.
A Recitals
1 On May 19, 2010, the City Council reviewed the Planning Commission's revocation of the
existing Entertainment Permit Hereinafter, in this Resolution, the subject Entertainment Permit is
referred to as "the application "
2 On May 19, 2010, 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
3 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 This 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 May 19, 2010, including written and oral staff reports, together
with public testimony, this City Council 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 canceling of uniformed security was a violation of the Entertainment Permit
Conditions of Approval, and
d 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
e 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 this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows
a The Planning Commission revoked Entertainment Permit DRC2007-00284R after
making the required finding pursuant to Municipal Code Section 5 12 100 that includes, where a
permittee violates any condition related to the permit, conducts a permitted business in a manner
contrary to the peace, health, safety and general welfare of the public, or demonstrates that he/she
is unfit to be trusted with the privileges granted by such permit
b 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
because the evidence demonstrates the business is not operating within the land use and
Development Code purposes of a restaurant with a bar and entertainment, and
c 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
d The canceling of uniformed security was a violation of the Entertainment Permit
Conditions of Approval, and
e 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
f The video evidence indicates the area used for dancing exceeds the maximum 150
square foot limitation
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 denies the appeal and upholds the Planning Commission action and hereby
revokes the application and directs all entertainment and bar uses terminate immediately
6 This Council hereby provides notice to Jose Sambolin, S B Entertainment Ventures, Inc-
DBA Loco Cantina & Grill, and Felipe de la Piedra 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 Jose
Sambolin, S B Entertainment Ventures, Inc- DBA Loco Cantina & Grill, and Felipe de la Piedra 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 10-071 *NOT ADOPTED* - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 19th day of May 2010
Donald J Kurth, M D , Mayor
ATTEST:
Janice C Reynolds, City Clerk
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 19th day of May 2010
Executed this 20th day of May 2010, at Rancho Cucamonga, California
Janice C Reynolds, City Clerk
Resolution No 10-071 *NOT ADOPTED* - Page 3 of 3