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HomeMy WebLinkAbout08-245 - Resolutions - (not adopted) **NOT ADOPTED-SEE RESOLUTION NO.09-146** RESOLUTION NO.08- ZA G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT NO. EP89-04,WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET;AND MAIONG FINDINGS IN SUPPORT THEREOF—APN: 1076-011-10. A. Recitals 1. Peppers Mexican Restaurant filed an application for the issuance of Entertainment Permit EP89-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request Is referred to as"the application.' 2. On the 22nd of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date, revoking Entertainment Permit EP89-04. 3. On the 22nd of October 2008,the Planning Commission Secretary of the City of Rancho Cucamonga issued the determination letter based upon the Planning Commission's revocation of Entertainment Permit EP 89-04 on October 22, 2008, and informed the applicant of their right to appeal under prescribed procedures. 4. The decision by the Planning Commission is contained in their Resolution No.08-60 was appealed in a timely manner to the City Council. 5. On the 3rd day of December 2008,the City Council of the City of Rancho Cucamonga conducted a hearing to review said appeal prior to the adoption of this Resolution. 6. All legal prerequisites 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 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 this Council during the above-referenced meeting on December 3, 2008, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 974019th Street; and b. The propeFyipdw north of the subject site is the 1-210 Freeway;the properties to the south consists of existing single-family residences; the property to the east is an existing multi-family development;and the property to the west is an existing multi-family development;and C, On August 8, 2008, deputies from the Rancho Cucamonga Police Department, along with the Alcohol Beverage Control (ABC), conducted an ABC compliance check of multiple CITY COUNCIL RESOLUTION NO.08- OUP87-04—PEPPER'S MEXICAN RESTAURANT December 3, 2008 Page 2 bars in the City, including Pepper's Mexican Restaurant The compliance check resulted in one patron's arrest for public intoxication,the bartender being cited for serving alcohol to an intoxicated person, and Pepper's Mexican Restauranrs manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance cd-eclk Including Pepper's Mexican Restaurants expired business license and the extensive history of police calls-for-service to the business;and d. The Development Code requires that businesses operate in a way that is not detrimental to the public health,safety or welfare andlor are materially injurious to properties In the vicinity. There have been more than 80 calls-for-service by the Police Department and Fire Department to the subject business over the last two years;and e. The approved Entertainment Permit limits entertainment to a live band with up to four members and dancing. The business currently offers music provided by a disk jockey(DJ)and has table top video games in violation of the approved Entertainment Permit; and f. The existing Entertainment Permit prohibits the intensification of the type or quantity of entertainment without modification of the existing permit and failure to do so,Is grounds for revocation of the Entertainment Permit; and g. The Municipal Code (Section 5.12.115) requires that all holders of an Entertainment Permit must file and pay a yearly renewal of their Entertainment Permit The applicant has not filed a renewal for the years of 2007 or 2008;and h. The Municipal Code requires that all businesses have a valid business license and that they pay business license taxes. Pepper's Mexican Restaurant has not had a valid business license or paid their license taxes since January 1, 2005. 3. Based upon the substantial evidence presented to this 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. That the conduct of the establishment and the granting of the application has been contrary to the public health,safety,morals or welfare in that over the last two years there have been extensive calls-for-service to the applicants business for crimes including assaults and public drunkenness; and b. That the establishment has been operated in an illegal, improper and disorderly manner in that the applicant has been operating the business without a business license and there have been have been extensive calls-for-service to the business by the Police Department; the applicant has violated the Conditions of Approval of the existing Entertainment Permit by offering entertainment not covered by that approval;and, the applicant has not renewed their Entertainment Permit on a yearly bases as required by the Municipal Code; and C. That granting the application will create a public nuisance in that the Police Department have made extensive calls-for-service to the site for criminal activity on both the inside and outside of the applicants business. CITY COUNCIL RESOLUTION NO. EP89-04—PEPPER'S MEXICAN RESTAURANT December 3, 2008 Page 3 4. Based upon the findings and conclusions set forth in Paragraphs 1,2 and 3 above,this Council upholds the Planning Commission's revocation of Entertainment Permit EP89.04 and denies the applicant's appeal of the Planning Commission's revocation. 5. . This Council hereby provides notice to Pepper's Mexican Restaurant 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. 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 copy of this Resolution,by certified mail, return-receipt requested,to Pepper's Mexican Restaurant at the addresses identified in City records.