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HomeMy WebLinkAbout94-199 - ResolutionsRESOLUTIf~ NO. 94-199 A RESOLUTI~ OF THE CITY ~ OF ~HE CITY OF RANOK) ~, CAT.TFf~N/A, D~Y~.~mgs TO REV(~E O~DITIC~AL ~ ~ ~. 78~3 ~ ~'~ ~ ~~'S P~.~~ OF ~ ~ ~ ~ ~~ OF A ~ ~ ~ ~ OF 1~ ~ ~,T~ W~ ~ ~ ~ ~F - ~: 201-811-56 ~ 60. A. Recitals. 1. O~ D~D~mber 27, 1978, the Planning ~.m;,{.~ic~ adopted Resolutio~ No. 78-40 conditionally app=ov~ a restaurant with a bar an~ enterrainsoft at 6620 Carnelian Street, formerly known as the Boar's Head and presently Sam's Place. 2. On October 27, 1982, the Planning O~.,,u{.~io~ adopted Resolutic~ No. 82-98 modifyir~ the permit by adding conditions of approval to alleviate public nuisance problems as a result of cc~sistmnt compla~ from adjacent residents. TWo conditic~ls of approval required the applicant to install '~o Parking' signs at the ~ parking area to p~d~bit employees and pa~ frc~ parking in that area and to place large trees and chain barriers across the drive aisles to block access into this parking area. The applicant failed to c~ply with these two conditions. 3. On September 28, 1983, the Planning O,,,,,{.~io~ adopted P~solution No. 83-117 modifying the permit to re~,i~e the implementatic~ of a dinner menu, additional noise attenuation measures, and the hours of operation to close at 11 p.m. 4. On July 10, 1985, the Planning (ka,i~d~sion adopted ~%esolution No. 83-117A modifying the permit by prohibiting ~ uses. ~he coDd~tions of approval in Planning C~,~H~ion Resolution No. 82-98, as referenced in Section A. 2, w~re to r~ain in effect. 5. On Jar~,a~y 2, 1991, the Oour~il adopted Resolution No. 91-007 denying the applicant's request to extend the hours of operation. conditions of approval in Planning C~,,m~-~ion Resolutions No. 78-40, 82-98, and 83-117A, as referenoed in Sections A.1 through A.4, were to r~main in effect. 6. On December 4, 1991, the Council adouted Resolution NO. 91-381 to modify the permit by ~ing the extension of the hours of operation frc~ 11 p.m. to 2 a.m., Monday through Saturday and eliminating the oondition of approval pxDhibiting entertainment uses. The City Council also adopted_ Resolution NO. 91-382 to ap~x~ve the associated Entertainment Permit 91-02 to allc~ enterta~ uses oc~s~ of a duet. The oonditions of approval in Planning C~dssion Resolution NO. 82-98, as referenced in Section A.2, were Resolution No. 94-199 P e2 7. On Jar~mvy 12, 1994, the City of Pancho Cucamonga gave notice to Sam's Place for {,~ed~ate compliance with the oo~itions of approval as 8. On Jar~y 24, and Feh~mry 14, 1994, site ir~ions were conducted and the site was found to be in nc~-om~oliance with the conditions of approval. 9. On March 23, 1994, the Planning C~.,,,,~.~sion of the City of Rancho Cucamonga conducted a duly noticed public hearing for the revocation of the Oonditic~al Use Permit for non-cce~liance of conditions of approval, and following the conclusion of said hearing, adopted Resolution No. 94-21, th~ revoking said permit. ~he decision re~ by said Planning C~.,.,,~.~ion Resolution was timely appealed to this Council. 10. On May 4, 1994, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and continued it to September 21, 1994, with the condition that the applicant cc~ply with all conditic~s of approval withi~ one week frc~ the May 4, 1994 date, and that the hours of operation cease at midnight effective immediately. 11. On June 1, 1994, the City Council reopened the public hearing to check for compliance with those terms imposed on May 4, 1994, and continued the hearing to September 21, 1994. 12. On September 21, and continued to October 5, 1994, the City Council of the City of Rancho Cu~ conducted and cu~cluded the hearing. 13. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THtREFORE, it is hereby found, determined, and resolved by the City (kmm~cil of the City of Rancho Cucamonga as follows: 1. This Oouncil hereby specifically finds that all of the facts set forth in the I%ecitals, Part A, of this Resolution are true and correct. Council hereby specifically finds as follows: a. ~ permit a~plies to property located at 6620 Carnelian is with a o b=; b. The p~pe~ty to the north is vacant and planned for a future and the ~'opex Ly to ~ ~ is single family residences; and Besolutio~ No. 94-199 C. In response to cc~pla~nts frc~ adjacent residents, the applicant was sent a notJoe by letter, dated May 7, 1992, r~m{nd{ng him to c~ply with and adhere to all the _~3D~_ ~tio~s of appxDval as cu~ta/ned in City Council Besolutions No. 91-381 and 91-382, ard Planning O.-,.,,~-~ion Resolution No. 82-98. Conditions of approval included: ~ =~nent '~o Parking" signs at the northwest parking area; installing ~hysical barriers with landscaping and chains to block aooess into the ~ parkir~ area cloeest etc.;and 1994, A.2. d. Site inspections on January 6, Jalamary 23, and F~h~uary 14, imd~cated non _-cc~__~lianoe with the conditions referenced in Section ~he applicant was given notices of ~liance; and e. At tb~ meeting on March 23, 1994, the P~ C~,..~ic~ revoke~__ the Entertainment Permit, which was timely appealed by the applicant. At the appeal hearing on May 4, 1994, the City Council directed the applicant to comply with all conditions of approval within c~e week from said date and continued the hearing to Se~ 21, 1994; an~ f. Based on City Ommcil action of May 4, 1994, inspections were conducted on May 12, May 18, and May 24, 1994, to _c~gc__k the site for oc~pliance with all conditi~%s of approval. ~he iraices indicated that the applicant b~s failed to post "No Parki~' signs and put up the lockable chain across the drive aisle to urevent access and parking in the ~ g. On May 17, 1994, the applicant was given notice of the permit violations and the scheduling of the June 1, 1994 revocation hearing. At the meeting on June 1, 1994, tb~ City (kxu~il determ~ _n~d that the applicant has, with a good faith effort, attempted to oc~ply with them. The City Council allowed him to cont'n~e the operation of his bar and entertair~ent, subject to the oonditions described in Section A. 10, until his lease of the premises expires on September 17, 1994; and h. At the meeting on September 21, 1994, the applicant stat_~d_ that he wishes to withdraw frc{n conducting his business as a bar and relinquishes his CY3P for the serving of alcohol. 3. Based on the applicant's desire and ~_ action to relinquish his <~3P, this Oouncil does not need to take action on the revocation hearing and adopts this resolution accepting the relin~fu~m~t of the ~3P frc~ the applicant. 4. ~3e City Clerk shall certify to the adoption of this Resolution. Resolution No. 94-199 Page4 P~, APPROq~D, and ADOPlOD this 5th day of October, 1994. Alexander, Buquet, Stout, Williams uenn~s L. Stout, l~ayor ~s, City Clerk I, DEMRA J. ADAMS, CITY ~.~RK of the city of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by tb~ City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 5th day of October, 1994. Executed this 6th day of October, 1994, at Ran~ Cucamonc~a, California. ~ams, City Clerk