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HomeMy WebLinkAbout08-60 - Resolutions RESOLUTION NO. 08-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 974019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-011-10. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Pepper's Mexican Restaurant filed an application for the issuance of Entertainment Permit No. 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." 3. On the 22nd day of October 2008, 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. 4. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above-referenced public hearing on October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the existing restaurant and bar located in a commercial center at 9740 19th Street; b. The property to the north of the subject site is the I-210 Freeway;the properties to the south consist 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 bars in the City, including Pepper's Mexican Restaurant. The compliance check resulted in one patron being arrested for public intoxication, the bartender being cited for serving alcohol to an intoxicated person and Pepper's Mexican Restaurant manager being cited for having an expired business license. The Police Department contacted the City and informed them of the results of the compliance check including Pepper's expired business license and the extensive history of police calls-for-service to the business; and PLANNING COMMISSION RESOLUTION NO. 08-60 EP89-04 — PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 2 d. The Development Code requires that businesses operate in a way that is not detrimental to the public health, safety or welfare and/or 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 with 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 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 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. 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 applicant's business for crimes including assaults and public drunkenness; and b. That the establishment has been operating 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 applicant's business. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 21 exemption under State CEQA Guidelines Section 15321 which covers actions by regulatory agencies including the revocation of entitlements adopted by the regulatory agency. Since the action is to deny an existing Entertainment Permit because of violations of the agencies regulations and the approved Conditions of Approval, there is no substantial evidence that the revocation may have a significant effect on the environment. The PLANNING COMMISSION RESOLUTION NO. 08-60 EP89-04 — PEPPER'S MEXICAN RESTAURANT October 22, 2008 Page 3 Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby revokes Entertainment Permit EP89-04. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: 2. J es R. Troyer, AICP, Secr tary I,James R.Troyer, AICP,Secretaryof the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: STEWART