HomeMy WebLinkAbout91-132 - Resolutions RESOLUTION NO. 91-132
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING ENTERTAINMENT
PERMIT NO. 91-02, A REQUEST TO CONDUCT LIVE ENTERTAINMENT
IN CONJUNCTION WITH A BAR AND RESTAURANT, 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 THROUGH 60.
A. Recitals.
(i) John Mannerino, on behalf of Sam Pellegrino, has filed an
application for an Entertainment Permit No. 91-02 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Entertainment
Permit request is referred to as "the application."
(ii) On the 10th day of July 1991 and continued to the 24th day of
July and the 14th day of August 1991, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and continued that hearing to the September 11, 1991, meeting.
(iii) On the 11th day of September 1991, the Planning Commission of the
City of Rancho Cucamonga received public testimony and concluded said hearing
on that date.
(iv) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, the Planning Commission of the City or Rancho
Cucamonga does hereby find, determine, and resolve 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, 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 and Carnelian Streets 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. 91-132
EP 91-02 - SAM'S PLACE
September 11, 1991
Page 2
(c) The applicant has been operating the business beyond the
11:00 p.m. limitation and offered live entertainment in violation of the
conditions of approval as contained in Resolution Nos. 83-117 and 91-007 for
Conditional Use Permit No. 78-03 and Ordinance No. 290 pertaining to
Entertainment Permits.
(d) The City received a written complaint in June of 1991
objecting to the lateness of the hours of operation and the live
entertainment.
(e) The current limitation on hours of operation to 11:00
p.m. and the elimination of live entertainment were established as a direct
result of a history of public safety and public nuisance problems associated
with this location.
(f) The former problems have not occurred since the
curtailment of the hours to 11:00 p.m. and the elimination of live
entertainment.
(g) The extension of hours of operation together with live
entertainment may be detrimental to the surrounding single family residences
because of their close proximity and because of the nature of bar facilities.
(h) The extension of hours of operation together with live
entertainment for a bar facility would be incompatible with the surrounding
residential area.
3. Based upon 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) The conduct of the establishment or the granting of the
application would be contrary to the public health, safety, morals, or
welfare; and
(b) The premises or establishment is likely to be operated
in an illegal, improper, or disorderly manner; and
(c) That granting the application would create a public
nuisance; and
(d) That the normal operation of the premises would
interfere with the peace and quiet of the surrounding residential
neighborhood.
4. Based upon the findings and conclusions set forth in
paragraphs 1, 2, and 3 above, this Commission hereby denies Entertainment
Permit No. 91-02.
PLANNING COMMISSION RESOLUTION NO. 91-132
EP 91-02 - SAM'S PLACE
September 11, 1991
Page 3
APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 1991.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
/
Suzann- C lea, Vice Chairman
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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 11th day of September 1991, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, VALLETTE
NOES: COMMISSIONERS: MELCHER
ABSENT: COMMISSIONERS: TOLSTOY
ABSTAIN: COMMISSIONERS: MCNIEL