HomeMy WebLinkAbout91-133 - Resolutions RESOLUTION NO. 91-133
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE
PERMIT NO. 78-03 FOR "SAM'S PLACE", A BAR FACILITY,
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) On the 27th day of December 1978 the City of Rancho Cucamonga
approved Conditional Use Permit 78-03 for a restaurant with related bar
facilities and musical entertainment permitting hours of operation from 11:00
a.m. to 2:00 a.m. On the 10th day of July 1985 the City of Rancho Cucamonga
modified Conditional Use Permit 78-03 to restrict the hours to 11:00 a.m. to
11:00 p.m. and eliminate the provision for entertainment at the facility.
(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 compliance
review of Conditional Use Permit No. 78-03.
(iii) On 14th day of August 1991, the Planning Commission of the City
of Rancho Cucamonga received public testimony and concluded said compliance
hearing on that date and set a new public hearing on September 11, 1991 for
the consideration of a suspension and/or revocation of Conditional Use Permit
No. 78-03.
(iv) On September 11, 1991, the Planning Commission of the City of
Rancho Cucamonga concluded said hearing.
(v) 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 business location is 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.
PLANNING COMMISSION RESOLUTION NO. 91-133
CUP 78-03 - SAM'S PLACE
September 11, 1991
Page 2
(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.
(c) The owner has requested an amendment to extend the hours of
operation to coincide with those established by the applicant's alcoholic
beverage control license; that is, from the current closing hours of 11:00
p.m. to a new closing hour of 2:00 a.m. , Monday through Saturday; and
eliminating the conditions of approval prohibiting live entertainment.
Concurrently with the revocation review this Planning Commission has denied
such modification request.
(d) The owner filed the same application to extend the hours of
operation on May 22, 1990, and the application was denied on appeal by City
Council on January 2, 1991 by adoption of their Resolution No. 91-007.
(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 owner 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 Resolutions No. 83-117, 83-117-A, and 91-007 for
Conditional Use Permit No. 78-03 and Ordinance No. 290 pertaining to
Entertainment Permits.
(h) The City received a written complaint in June of 1991
objecting to the business operation, specifically the hours of operation and
the live entertainment.
(i) Such hours of operation beyond 11:00 p.m. together with live
entertainment is detrimental to the surrounding single family residences
because of their close proximity and because of the nature of bar facilities.
(j) Such hours of operation beyond 11:00 p.m. together with live
entertainment for a bar facility is 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:
PLANNING COMMISSION RESOLUTION NO. 91-133
CUP 78-03 - SAM'S PLACE
September 11, 1991
Page 3
(a) The Conditional Use Permit is not being conducted in an
appropriate manner and modifications are not available to mitigate the
impacts. Therefore, the permit should be revoked which requires the operation
to cease and desist in the time allotted by the Commission.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby revokes Conditional Use Permit No.
78-03 and the use shall cease and desist within 30 days from the date of the
adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 1991.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
/ ' •
Suzanne Chit.iea, Vi e Chairman
6 S
� /� � S't
_L
ATTEST: _
BrafPr,' t ary
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: NONE
ABSENT: COMMISSIONERS: TOLSTOY
ABSTAIN: COMMISSIONERS: MCNIEL, MELCHER