HomeMy WebLinkAbout94-22 - Resolutions RESOLUTION NO. 94-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT
PERMIT NO. 91-02 FOR A BAR AND RESTAURANT, SAM'S PLACE,
LOCATED A THE NORTHWEST CORNER OF CARNELIAN AND 19TH
STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56
THROUGH 60.
A. Recitals.
1. On December 4, 1991, the City Council adopted Resolution No.
91-382 approving Entertainment Permit 91-02, to allow entertainment uses
consisting of a duet.
2. On March 8, 1994, the City of Rancho Cucamonga gave notice to the
applicant that he violated the Entertainment Permit with the use of a disc
jockey.
3. On March 23, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing for the revocation of the
Entertainment Permit, 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 substantial evidence presented to this Commission
during the above-referenced public hearing on March 23, 1994, 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 6620 Carnelian
Street and is presently improved with a shopping center; and
b. The property to the north of the subject site is vacant and
planned for a future freeway, the properties to the south and east are
existing shopping centers, and the property to the west is single family
residences; and
c. As a result of receiving complaints, a letter dated May 7,
1992, was sent to the applicant reminding him to comply with, and adhere to,
all the conditions of approval as contained in City Council Resolution No.
91-382; and
PLANNING COMMISSION RESOLUTION NO. 94-22
EP 91-02 - SAM'S PLACE
March 23, 1994
Page 2
d. Newspaper advertisements in the Inland Valley Daily Bulletin
indicated that entertainment such as live bands, disc jockeys with karaoke,
and lingerie shows were offered at Sam's Place. On June 22, 1993, the
applicant was notified to cease all illegal entertainment except for the
approved duet. Despite repeated contacts, the violations continued as
evidenced by the newspaper advertisement for entertainment such as live bands
and disc jockeys dated August 25, 1993, and verified by site inspections on
September 19 and 21, 1993; and
e. In response to the City's citation process, the applicant
submitted an application to modify the permit to legalize the added
entertainment on September 23, 1993; and
f. On January 5, 1994, the City Council adopted Resolution No.
94-004 denying the applicant's request, except for karaoke. The approved
entertainment consists of a duet and karaoke; and
g. Site inspections on January 24, and 26, 1994, and illegal
signs retrieved in the City on March 10, 1994, indicated that the applicant
continued to violate this permit with the use of disc jockeys; and
h. A notice regarding the violations of the permit and a notice
of the scheduled revocation hearing for March 23, 1994, were sent to the
applicant on March 8, 1994; and
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 applicant violated provisions of the Chapter 5.12
RCMC and the permitted activity under Entertainment Permit 91-02; and
b. That the applicant violated the Development Code by
displaying illegal signs; and
c. That the applicant violated the conditions of approval
adopted by Council Resolutions No. 91-382 and 94-004.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby revokes Entertainment Permit 91-04
and the entertainment shall cease and desist within 10 calendar days from the
date of the adoption of this Resolution.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 94-22
EP 91-02 - SAM'S PLACE
March 23, 1994
Page 3
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BY:
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ATTEST: irt4!..t ., -,f_
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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 23rd day of March 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE