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HomeMy WebLinkAbout94-200 - ResolutionsRt~OLU~INO. 94-200 A RESOLUTI~ OF ~{E CITY ~ OF ~ CITY OF ~ ~, CALIP~r/A, D_~Y~XNIN~ TO REV(kKE ~ PE~4IT NO. 91~2 ~ ~'~ ~ ~~'S ~'S~, ~~~~OF~~ ~~~~ ~~~F -~: 201~-~ ~ 60. 1. On Decemb~-~ 4, 1991, the City Council adopted Resolutiom No. 91-382 ap~xDvir~ Entertainment Permit 91-02, to all~ ent~Wca/nment uses co~sistingofaduet. 2. On Marcil 8, 1994, the City of Rancho O~amonga gave notice to the applicant that he violated the Entertainment Permit with the use of a disc 3. On March 23, 1994, the Planning C~..,dssic~ of the City of Rancho ~ carducted a duly noticed public hearing for the revocation of the Entertainment Permit, ard followinq the oonclusion of said hearir~, ad~ Resolution No. 94-22 thereby revoking said permit. The decision re~resented by said Planning C~mYdssion Resolution w~s timely appealed to this Oouncil. 4. On May 4, 1994, the City Oouncil of the City of Ranc{~ O~Am~nga cotducted a duly noticed public hearing and continued it to September 21, 1994, with conditionthatthe applicant omplywithall oonditions of ~1 within one week from the May 4, 1994 date and that the hours of operation oeaseatmidnighteffective i~nediately. 5. On June 1, 1994, the City Council reopened the public hearin, to check for compliance with those terms imposed on May 4, 1994, and cont~ t h ringto 21, 1994. 6. On September 21, and continued to October 5, 1994, the City Oouncil of the City ofl~ancho~~andooncludedthehearing. 7. All legal prerequisites prior to the adcution of this Resolution have occurred. B. P~solution. NOW, ~HEREFORE, it is hereby found, determined, and resolved by the City Oouncil of the City of Rancho O~amnnga as follows: 1. ~ Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and oc~rect. Resolutic~ No. 94-200 Page2 2. Based upon substantial evidence p~esented to this Oouncil during the above-referenced public b~arings on June 1 and Se~ 21, 1994, including written staff repcxTs, this Council 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 pr~ 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. In respc~lse to c~L~laints from adjaoent resid_ents, the applicant was sent a notice by letter, dated May 7, 1992, remind/rig him to comply with, and adhere to, all the conditions of approval as conta~ in City Council Resolution No. 91-382; and d. Newspaper advertisements in the Inland Valley Daily Bulletin indicated that entertainment such as live bands, disc jockeys with karaoke, and lingerie show~ w~re offered at Sam's Place. On June 22, 1993, the applicant was notified to cease all illegal entertainment except for the ap~ duet. Despite repeated contacts, the violatic~ continued as evidenced by the ~per advertisement for enterta~ (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 prooess, the applicant suhni~ an application to modify the permit to legalize the added er~certa~ on September 23, 1993; ar~ 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 retrie~ in the City on March 10, 1994, indicated that the applicant continued to violate this permit with the use of d/sc jockeys. A notice of permit violations and a notice of the scheduled March 23, 1994 revocation hearingwas sent totheapplicantonMarch8, 1994; a~d h. At the meeting on March 23, 1994, the Planning O..,,,,~.~sion revoked the Entertainment Permit, whic~ was timely appealed by the applicant. At the appeal hearing on May 4, 1994, the City Oouncil directed the applicant to c~m~lywith all conditions of approval within c~eweekfrcm saiddatea~corfcinuedtheheari~gto~21, 1994; and Resolutic~ No. 94-200 Page3 i. Based c~ city Council action of May 4, 1994, in--ices were ~ on May 12, May 18, and May 24, 1994, to check the site for oc~pliance with .all co~diti~ of ap~. The insectices indicated that the applicant has failed to po~t 'q~o Parking" signs and put up the chain across the drive a~le to urevent ~ and parkin~ in the northwest j. On May 17, 1994, the applicant was given notice of the permit violations and the schedul~ of the June 1, 1994 revocation hearing. At the meeting on June 1, 1994, the City Oouncil det_e_~m~ _~ed___ that the applicant with a good faith effort, at~ to o0~ply with them. ~he City Council allowed him to contim~ the operation of his bar and entsxtairm~nt, su~ect to the oonditio~s described in Section A. 10, until his lease of the pr~m~es expire~ on ~ 17, 1994; k. At the meeting on September 21, 1994, the a~plicant stated that he wishes to withdraw frc~ having entertainment, except for Karaoke for 3. Based on the applicant's desire and intended action to relinquish his Entertainment Permit, this Council does not r~ to take action on the revocation hearing and adopts t_his resolution acoepting the rel'lnquis~m~nt of the ~tertainment Permit fr~ the applicant. 4. The City Clerk shall certify to the adoption of this Resolution. PASS]~, APPROVED, and ADOPlOD this 5th day of October, 1994. Gutierrez Resolution No. 94-200 Page4 I, DFRRA J. ADAMS, CITY ~.FRK of the City of Rancho (~, Califc~%ia, do hereby certify that the foregoing Resolution was duly passed, ap~, and adopted by the City Council of the City of Rancho O~,~d, California, at a regular meeting of said City Oouncil held on the 5th day of October, 1994. Executed this 6th day of October, 1994, at Rand3o Cucamonga, California. ~ J. A~ms, City Clerk