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HomeMy WebLinkAbout94-004 - ResolutionsRESOLUTION NO. 94-004 A RESOLUTION OF THE CITY O0t~CIL OF THE CITY OF RANCHO (I~ISSION'S D~IISION IN PAR~ IN D~TT/NG A MODIFICATIC~ TO ~ Pf~MIT NO. 91-02, TO EXPAND ~{E ~ON WITH A ~ AND BAR ~ AT 6620 AND MAKING FIND~ IN ~ TH~R~DF - APN: 201-811-56 THROOSH 60. A. Recitals. (i) Luanne Pellegrino has filed an applicatic~ for the issuance of Entertainment Permit No. 91-02, as described in tb~ title of this Resolution. Hereinafter in this Resolution, the subject ~tertainment Permit request is referred to as "the application." (ii) On November 10, 1993, the Planning Cu.,~ission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. The Cx,,,,,~.~ion adopted a Resolution of Denial at the meeting on November 23, 1993. (iii) ~ne decision represented by said Plannirg C~m,,~ssion resolution was timely appealed to this Council. (iv) On January 5, 1994, the city Council of the City of ~ Cucamonga conducted a duly noticed public hearirg on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution have oocurred. B. Resolution. NOW, ~7{fREFORE, the City Council of the City of Rancho Q~an~nga does hereby find, determine, and resolve as follows: 1. This Council 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 Council during the above-referenced public hearing, including written staff reports, the minutes of the Planning C~mt,~ssion meeting, and the contents of Planning Cxa~lssion Resolution No. 93-101, this Council hereby specifically finds as follows: a. ~he application applies to property located at 6620 Carnelian Street and is presently improved with a shopping center; and Resolution No. 94-004 Page 2 b. ~ne property to the north is vacant and planned for a future freeway, the prope~ to the south is a shopping center, the property to the east is a shopping center; and the properties to the west are single family c. ~ne original Enterta~t Permit was granted for a duet and allowed enterta~ on Mor~__ay through Saturday, between 8 p.m. to 2 a.m.; d. The applicant expanded the types of erfcerta~t to include live bands, disc jockey with karaoke, and lingerie shows and the days for enterta~ to include Sur~__ay, in violation of Ordinance No. 290 and City CouncilResolution No. 91-382; and e. After repeated contacts with City staff regarding the violations, the applicant continued the violations, which ultimately led to the issuance of the City's Notice of Violation. Upon receiving the Notice of Violation, the applicant sukm%itted an application requesting modification to the Entertainment Permit to allow entertainment on Sunday and to add live bamd~, disc jockey, and karaoke for enterta~t; and f. The City received cu,~L~nts frc~ adjacent residents objecting to the loud ~usic from the entertainment in the bar and loud noise frc~ the loitering activities in the parking lot in the late evening and early morning hours, during the months the applicant illegally expanded the entertainment; g. The proposed entertainment with the exception of karaoke will continue the land use conflict previously described with the westerly residential neighborhood because of the adverse impact of excessive noise cc~ing frc~ Sam's Place in the late evening and early morning hours; and h. The applicant has not demonstrated that he can be a good neighbor nor comply with the City's codes and conditions of approval because the City b~-~ previously received complaints frc~ residents of the same w~-terly neighborhood objecting to the loud music, noise, and loitering activities oc~ng frc~ Sam's Place and because the applicant continued to violate the city's ordlna~ces and conditions of approval under the permit despite repeated notices frc~ the City to og~.~e the violations and to address 3. Based upon the substantial evidence presented to this Oouncil during the above-referenced public hearing and upon the specific findings of facts set f~rth in paragraF~s 1 and 2 above, this Oouncil hereby finds and concludes as follows: a. That the conduct of the est_~_blishment and the granting of the application would be contrary to the public health, safety, morals, or welfare. Resolutic~No. 94-004 b. That tb~ establishment is likely to be operated in an illegal, improper, or disord_evly~. c. That that granting of the applicatic~ would create a public nuisance e d. ~nat the normal operation of the premises %~uld interfere with the normal peace and quiet of any surrounding residential neighborhood. 4. Based upon the findings and ccnclusioms set forth in paracjraphs 1, 2, and 3 above, this Council hereby denies the application in part subject to the following conditions: a. All conditions of approval as -cuntained in City Oouncil Resoluton No. 91-382 and Planning C~,,,,,~-~ion Resolution No. 82- 98, a copy ofwhichhasbeenattachedhereto, shall apply. b. Karaoke without Disc Jockey is allowed. 5. This Council hereby provides notice to Jdun Mannerino that the time within which judicial review of the decision ~ by this Resolution must be sought is governed by the provisioms of California Co de of Civil Procedure Section 1094.6. 6. The City Clrekof the City of Rancho Cucamonga is herebydirected to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by oertified mail, return- receipt requested, to John Mannerino at the address identified in City 7. The City Clerk shall certify to the adoption of this Resolution. PASSe, APPROVED, and ADOPl~ this 5thday of January, 1994 Alexander, Buquet, Stout, Williams NOES: None None Gutierrez Resolution No. 94-004 Page4 I, D~3~A J. ADAMS, CITY ~.~K of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 5th day of January, 1994 ExeoJted this 6th day of January, 1994 at Rancho Cucamonga, California. City Clerk Resolution NO. 94-004 Page5 RESOLUTIC~ NO. 91-382 A RESOLU~ OF THE CITY ~ OF T~ CITY OF RANO~ ~, C..M.?K~A, ~ ~ APPEAL OF ~E PLANNING Oi$~(ISSI(~'S D~CISI(~ TO D~'Y ~ 91-02 ~ THE ~E NEI~80~00~ ~ DISTRICT AT 6620 C:~.~4~.T~ STREET, ~ ~ OF 19~{ A~) C~.T~,.I~ A~) ~ ~~ ~ ~ ~F - ~: 201~11-56 ~ 60 (i) John Mannerino, o~ behalf of Sam Pelle~rino, has filed an ap~licatio~ for Entertainment Permit 91-02 as deecribed in the title of this is referred to as the "application." (ii) On July 10, 1991, and oo~tinue~ to July 24, Aulgust 14, ar~ ~ 11, 1991, the Plann/n~ C~,,-.i~ion of the City of Rancho conducted a duly noticed public hearir~ o~ the a~01icatic~ and follc~ing the cc~clusic~ of said public hearir~s, adopted Resolutic~ No. 91-132, ther~ denying said application. (iii) Th~ d~ision ~ b~ said Plarning Resolution was timely ~]ed to this.Oa~cil. (iv) On October 16, and ~ to November 20, 1991, the City Council of the City of Rancho O~c~,....~m omlducte~ a duly noticed ~ubli¢ (v) All legal prerequisi~ prior to the adoptic~ of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho O~-~3a does hereby find, determine, and resolve as follows: 1. This Council ~ specifically finds that all of the facts set forth i~ the Bs:itals, Part "A," of this Resolution are true and correct. of Plannin~ O~,..Li~ion Resolution No. 91-132, this Council hereby specifically finds as follows: (a) The a~lication a~li~ to ~Ly located at th. no~n- west corner of 19th ar~ ~ia~ ~ with a stree~ fro~age of 1,037 feet and lot de~ of 240 feet and is preemn~ly i~ with a s~ing center. Resolutic~ No. 94-004 Page6 Rmsoluti~ No. 91-382 (b) The property to the north of the subject site is a future freeway; the l~e~Lf to the south of that site is an ~ sho~pir~ ~ to the wrest is existin~ sirule family ~t~- (c) The applicant has been oparatim~ the business beyoral the 11:00 o'clock P.M. limitatic~ and offerir~ live ~ in violaticm~ of the oor~li~ic~s of approval as ~ in Reeolutic$~ No~. 83-117 and 91-O07 for Cor~iitior~l ~ Permit No. 78-03 and ~ No. 290 ~ to (d) ~he City has _r~_~ived three written cc~plaints ~jectin~ to the lateness of the hours of operation and the live e$~f~z~i~t. (e) ~ (:u~m~C limltaticll (xl ~ of c~zatic~l to 11:00 o'clock P.M. and the ~llmi-aticll of live ~fcsrt~i~ ~ mse~_hlishsd as a direct result of a ~ of public safety and public m,~__.c~_ ~-ubl~ (f) The City has not r~oaiv~d evidence that the former problems have oocurred si~ tl~ ~ origin~ ~ in May of 199o. (g) ~he applicant has su~mttX~t a petition of approximately 1,600 si~naturms in sup~ of extendir~ the hours of operatic~ and ~-oviding live ~:sxT~irm~c for Sam's Place. (a) ~he cxaxtuct of the es+~hlimhnmYc or the granting of the application w~uld not be c~rary %0 the pablic health, safety, morals, or (b) ~ pr~ises or ese,,hlish~ent is not likely to be operae~ in an illegal, i~, or di~-C~rly m~mmr; and (c) That 9ran~ the applicat. ton, ~ with the oorditio~ of approval w~uld not create a public ~/sanoa; and (d) That the normal opera~b~n of the prodsee wc~ld not inter- fete with the peace and quiet of the surr~ur~lin~ rmmidential neighLu~loat. 4. ~%e City Council of the City of Rancho Ow'- .... ~a hereby approves the application with the followin~ oo~ittior~: 1) Plannin~ O'~,.,i~ion Resolution No. 82-98, a copy of wkich has beta a~ h~m~o, shall apply. 2) The ~Ai~nt' P~rmit is 9xant__~ for a duet or/y, Resoluticn No. 94-004 Page7 Resolutic~ No. 91-382 3) Any live esf~x~b~s~X shall Me ~vi~ b~o,~an 8:00 o'clock P.M. ar~ 2:00 o'clock A.M. M~ ~hrou~ Saturck~y. 4) The f~-,.,,t an~ back closed c~rir~ e~gtb~ hours (after 6:00 o'clock P.M.) exce$~ in the empac of an 5) e) Me rm~tre~ ~o Me on ~ ~ frg~ 6:0~ o'clock P.M. a~jace~c arem~ of the facility. 7) s) If the o$~xa~ion of the facility cause~ adverse effect~ tamants, ~1~ ~ ~ ] ~m~ ~, ~, loi~, ~ 5. Th/s O0uncil hereby provides notice to J~n Manmxir~ that the tires within whic~ judicial revie~ o~ the decision zA .v---~.a~ b~ this Civil Procedure Section 1094.6. transmit a certified 0ogy of this B~eolution, b~ om-tifie~ mail, rsO. mn- receipt reques~_~, to John Mar~erino at the ~c kle~g/fie~ in City 7. ~m City Clerk shall certify to the ~on of this Bmsolution. PASSe), ~, ar~ ~ this 4th ~a¥ of D,_- .A~t, 1991. AYES: NOES: ABSB~T: Resolution No. 94-004 Resolutic~ No. 91-382 I, D~H~A J. ~, CITY ~R~( of the City of California, at a r~ mmet/r~ of said City Oma~cil held (a~ the 4t.h ~a¥ of De(L --.a--., , 1991. Exmcut~ this 5th day of ~~', 1991 at Rancho California. city Cl~rk I~solution ~o. 94-004 RESOLUTION 82-98 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCAJqONGA, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT 78-03 FOR BAR AND ENTERTAINMENT FACILITIES WITHIN THE BOAR'S HEAD ESTABLISHMENT LOCATED IN THE RANCHO PLAZA IN THE C-1 ZONE WHEREAS, on the 22nd day of September, 1982, the Planning Con~nission determined the need to suspend Conditional Use Permit 78-03 and to conduct a public hearing; and, WHEREAS, on the 27th day of October, 1982, the Planning Co~mission held a public hearing to consider the above item. NOW, THEREFORE, the Rancho Cucamonga Planning Co~mfiission resolves as follows: SECTION 1: Additional conditions and changes are found to be needed for Conditional Use Permit 78-03 in order to mitigate the past disturbances and bring the use in accord with the intent and purpose of the neighborhood shopping district. Therefore, the following conditions are added to those already in effect per Resolution 78-40: Periodic policing of the parking lot by the management of the business should be done on a nightly basis to assist in averting disturbances from patrons. Block access to the northwest parking area from the main parking area by placing large trees and planters in the driveway. Additionally, a chain or breakaway barrier shall be used to block access to this area from the rear driveway during evening hours. A sound attenuation wall shall be built on the three properties adjacent to the northwest parking area of the center. The precise height, location and construction materials shall be determind through the development of a precise development plan, which shall be prepared by the shopping center owner and reviewed and approved by the City Planner. Such improvemints shall consider the use of sound attenuation material as well as som~ additional landscaping between th~ new will and.the existing wall. The plans should be preparco as soon as possible and InstallaCtion, with the cooperation of all property owners and before the January 26, lg82 meeting scheduled by the Cofimmtssion. 5. Speed bumps shall be placed throughout the center. Resolution No. 94-004 Page 10 Resolution No. 82-98 Page 2 e An analysis of the building shall be conducted to determine the needs for sound insulation. Appropriate insulation shall be installed, if needed. The rear door of the business shall remain closed during evening hours, except in the event of an emergency. The northwest parking area shall not be used by Boer's Head patrons or employees and shall be appropriately posted. This Conditional Use Permit shall be brought before the Planning Con~nission on January 26, 1983, for a report on the performance of the establishment. 10. The business shall alter its operation to include restaurant usage and food service during the evening hours. This is required to meet the intent of the original approval and shall be accomplished within sixty (60} days of this action. PLANNING BY: ~ .Jef~ APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982. OF T~/Y OF RANCHO CUCAMONGA ATTI ecret~y"bT"ihe'"PTanni Oc .....tsston I, JACK LAM, Secretary of the Planning Co~m~tsston 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 Co~mission held on the 27th day of October, 1982, by the following vote-to-wit: AYES: COMMISSIONERS: McNiel, King, Rempel NOES: COMMISSIONERS: Barker, Stout ABSENT: COMMISSIONERS: None