HomeMy WebLinkAbout10-148 - Resolutions - Not Adopted *NOT ADOPTED-See Resolution No. 10-147*
RESOLUTION NO. 10-148
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA GRANTING THE
APPEAL OF THE DECISION OF THE PLANNING COMMISSION
OF THE CITY OF RANCHO CUCAMONGA TO REVOKE
CONDITIONAL USE PERMIT 99-43, AND REVERSING
THE REVOCATION OF THAT CONDITIONAL USE PERMIT
A. Recitals.
(i) Conditional Use Permit 99-43 ("the CUP" hereinafter) was approved by the
adoption of Resolution 99-26 of the Planning Commission of the City of Rancho Cucamonga
("the Planning Commission" hereinafter) on November 23. 1999.
(ii) The CUP provides discretionary approval for the sale and consumption of beer,
wine and distilled spirits in conjunction with the operation of a restaurant at 12809 Foothill
Boulevard, Rancho Cucamonga, California, Suite C1-C4 ("the Site" hereinafter).
(iii) During part of 2009 and throughout 2010, the CUP has been utilized by Mr. Jesus
Roig and ROIG Restaurant Group, Inc. ("the Permit Holders" hereinafter) through the operation
of an establishment named the Beer Mug.
(iv) On March 24, 2010, in response to a request from the San Bernardino County
Sheriffs' Department (the City of Rancho Cucamonga's contract police services provider), the
Planning Commission directed its staff to set the CUP for review and possible modification or
revocation.
(v) The hearing described in Recital (iv) was set to occur on June 9, 2010.
(vi) In accordance with a request made by counsel for the Permit Holders, the hearing
referred to above was continued to occur at the Planning Commission meeting of July 14, 2010.
(vii) The Planning Commission conducted a duly noticed public hearing on the review
and possible modification or revocation of the CUP and, after concluding that hearing, revoked
the CUP.
(viii) The Permit Holders' timely appealed of the Planning Commission's decision to
revoke the CUP to this Council.
(ix) On September 1, 2010 and October 6, 2010, this Council conducted and
concluded a duly noticed public hearing of the appeal of the Planning Commission's revocation
of the CUP.
(x) All legal prerequisites to the adoption of this Resolution have occurred.
B.
Resolution.
NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby find,
determine, conclude and resolve as follows:
1. This Council hereby specifically finds that all of the facts stated in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the evidence presented to this Council during the hearing referenced
above, this Council hereby further finds and concludes as follows:
a. The Permit Holders have not operated the Beer Mug in a manner
detrimental to the public health, safety and welfare;
b. The Permit Holders have not operated the Beer Mug utilizing a modified
floor plan never reviewed by the City of Rancho Cucamonga staff or the Planning Commission,
thereby facilitating the operation of a night club at the Beer Mug Site;
C. The Permit Holders have not provided live entertainment at the Beer Mug
without obtaining a valid and applicable live entertainment permit from the City of Rancho
Cucamonga; and
d. The Permit Holders have not conducted a night club use at the Beer Mug
during which alcoholic beverages have been sold and consumed in the Beer Mug without
obtaining a Conditional Use Permit which authorizes the sale of alcoholic beverages in
conjunction with that use.
3. Based upon the findings and conclusions referenced and contained in paragraphs
1, 2, and 3 of this Resolution, this Council finds and concludes that the CUP is being conducted
in an appropriate manner by the Permit Holders.
4. Based upon the findings and conclusions referenced and contained in paragraphs
1. 2, and 3 of this Resolution, this Council hereby reverses the action of the Planning
commission revoking the CUP.
5. The City Clerk shall certify to the adoption of this Resolution and forthwith
transmit a certified copy of this Resolution, by certified mail to the Permit Holders at their
address identified in City Records.
ADOPTED AND APPROVED this 6`h day of October, 2010.
Mayor
Resolution No. 10-148—NOT ADOPTED— Page 2 of 3
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was introduced at a regular meeting of the City Council of
the City of Rancho Cucamonga held on the day of October, 2010, and was finally passed
at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day
of October, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
Resolution No. 10-148-NOT ADOPTED-Page 3 of 3