HomeMy WebLinkAbout10-070 - Resolutions - NOT APPROVED *NOT ADOPTED*
See Resolutions 10-080 and 10-081, adopted 6-02-10
RESOLUTION NO. 10-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL
AND UPHOLDING THE PLANNING COMMISSION'S
REVOCATION OF CONDITIONAL USE PERMIT DRC2007-00283R
EL LOCO CANTINA & GRILL, AN EXISTING RESTAURANT
WITHIN THE MASI PLAZA SHOPPING 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 considered an appeal of the Planning Commission's
revocation of the existing Conditional Use Permit DRC2007-00283R Hereinafter, in this Resolution,
the subject Conditional Use 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 subject appeal 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 imposed pursuant to Conditional Use Permit DRC2007-00283R, and
c The existing restaurant opened at the subject location in the year 2000 pursuant to
the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages
(Type 47 ABC License) in conjunction with meals, and
d The existing business does not convey a restaurant use atmosphere but is
operating as a night club that requires a change to the Conditional Use Permit and a Type 48 ABC
License, and
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, this Commission hereby finds and concludes as follows
a The Planning Commission revoked Conditional Use Permit DRC2007-00283R after
making the required finding pursuant to Municipal Code Section 17 04 030(G)(3) that the
Conditional Use Permit was not being conducted in the appropriate manner and that modifications
to the conditions imposed by the Commission in 2008 did not mitigate the violations, and
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 as it
is a use that is exceeding the scope of the current Conditional Use Permit, 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 based
on police reports and other public safety records, and
d The canceling of uniformed security was a violation of the Conditional Use 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 Conditional Use Permit and directs the restaurant and bar use 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 10-070 *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 10-070 *NOT ADOPTED* - Page 3 of 3