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HomeMy WebLinkAbout90-111 - Resolutions RESOLUTION NO. 90-111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-03 FOR AN EXISTING BAR/RESTAURANT, SAM'S PLACE, LOCATED AT THE NORTHWEST CORNER OF 19TH AND CARNELIAN STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 , 58, 59, AND 60. A. Recitals. ( i ) Sam's Place, Luanne R. Pellegrino, has filed an application for the amendment to Conditional Use Permit No. 78-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application. " (ii ) On the 22nd day of August 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to September 12 , 1990. ( iii) On September 12 , 1990, the Planning Commission concluded said hearing. ( iv) 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 substantial evidence presented to this Commission during the above-referenced public hearings on August 22 and September 12, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northwest corner of 19th Street and Carnelian with a street frontage of 1 ,037 feet and lot depth of 240 feet and is presently improved with a shopping center; and (b) The property to the north of the subject site is a future freeway, the property to the south is an existing shopping center, the property to the east is an existing shopping center, and the property to the west is existing single family residences. PLANNING COMMISSION RESOLUTION NO. 90-111 AMENDMENT TO CUP 78-03 - SAM'S PLACE September 12, 1990 Page 2 (c) The proposed amendment contemplates extending the hours of operation to coincide with those established by the applicant' s alcoholic beverage control license, that is from the current closing hour of 11 p.m. to a new closing hour of 2 a.m. seven days a week. (d) The current limitation on hours of operation to 11 p.m. was established as a direct result of a history of public safety and public nuisance problems associated with the former tenant, the Boar' s Head. (e) The former problems have not occurred since the curtailment of the hours to 11 p.m. and the elimination of related entertainment. (f) The Sheriff' s Department records indicate no calls for service at this address under the current tenant, Sam' s Place, since they opened for business. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearings 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 proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division 1) The hours of operation for the bar and restaurant shall be between 11 a.m. to 12 p.m. (midnight) Sunday through Thursday and between 11 a.m. to 2 a.m. Friday and Saturday. 2) This approval is granted subject to a full food menu being offered during all business hours. 3) Extension of hours of operation is granted for a six-month period, unless extended by the Planning Commission. PLANNING COMMISSION RESOLUTION NO. 90-111 AMENDMENT TO CUP 78-03 - SAM'S PLACE September 12, 1990 Page 3 4) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances. 5) If the operation of the facility causes adverse effects upon the surrounding residents, adjacent businesses and tenants, including but not limited to, noise, loitering, or disturbances, the Conditional Use Permit shall be brought before the Planning Commission for the consideration and possible termination of use. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 1990. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA BY: At,i/ ' / L.a.:s_, or Larr f'Niel , Chairman ATTEST: Aa�:ear ____ Brad :u Wry I , Brad Buller, Secretary of 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 12th-day of September 1990, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, WEINBERGER NOES : COMMISSIONERS : CHITIEA ABSENT: COMMISSIONERS : NONE