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HomeMy WebLinkAbout91-350 - Resolutions NOT~ RESOLUTIO~NO. 91-350 A RESOLUTION OF ]~E CITY OOUNCIL OF ~{E CITY OF RANCh0 THE PIANNING (IX~ISSION'S D~CISION TO REVOKE OONDITIONAL USE P~4IT NO. 78-03 FOR ~E OP~tTION OF A BAR IN O~4~RCIAL DISTRICT AT 6620 CARN~.?AN STRFR?, NORPHWEST ~O~q~ OF 19TH AND ~,T;~'9' ~ ~ l~{l~{]]qG F/]qD~ IN SUPPORF THEREOF - APN: 201-811-56 THRfX~H 60 (i) On the December 27, 1978, the City of Rancho Cucamonga approved Conditional Use Permit 78-03 for a restaurant with related bar facilities and musical enterta~t permitting hours of operation frc~ 11:00 a.m. to 2:00 a.m. On the of July 10, 1985, the City of Rancho Cucamonga modified Conditional Use Permit 78-03 to restrict the hours fr~n 11:00 a.m. to 11:00 p.m. and eliminate the provision for entertainment at the facility. (ii) On the July 10, 1991, continued to the July 24 and August 14, 1991, the Planning C~m,,~ssion of the City of Rancho Cucamonga conducted duly noticed public hearings on the c~;~liance review of Conditional Use Permit No. 78-03. (iii) On August 14, 1991, the Planning C~m,,~ssion 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 C~,,~,~ssion of the City of Rancho Cucamonga concluded said hearing and adopted Resolution No. 91-133 thereby recommending to this Council that Conditional Use Permit 78-03 for a bar facility be revoked. (v) The decision represented by said Planning C~m~-dssion Resolution was timely appealed to this Council. (vi) On October 16 and continued to November 20, 1991, the city Council of the City of Rancho Cucamonga conducted duly noticed public hearings on the revocation of Conditional Use Permit 78-03 and concluded said hearing on Nov-ember 20, 1991. (vii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: Resolution No. 91-350 Page2 1. This Oouncil hereby specifically finds that all of the facts set forth in the ~citals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Om~ncil during the above-referenced public hearings, including written staff reports, the minutes of the above referenced Planning Ccmm~ssion meetings and the contents of the Planning C~LmHssion Resolution No. 91-133, this Oouncil hereby specifically finds as follc~s: (a) The bus~ 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. (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 prope~ 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, frc~ 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 enterta~t. Concurrently with the revocation review this Council 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 estm_blished 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 enterta~t. (g) The owner bm.~ been operating the business beyond the 11:00 p.m. limitation and offered live enterta~t in violation of the conditions of approval as contained in Resolutions No. 83-117, 83-117-A, and 91-007 for C~nditional Use Permit No. 78-03 and Ordinance No. 290 pertaining to (h) The City received written c~L~laints 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 ~tible with the surr~ residential area. Resolution No. 91-350 Page 3 3. Based upon substantial evidence presented to this (k~ncil during the above-referenced public hearings and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council h~reby finds and concludes as follows: (a) The ~onditional 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 Council. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby revokes Conditional Use Permit No. 78- 03 and the use shall cease and desist within ten days from the date of the adoption of this Resolution. 5. This Council hereby provides notice to J~hn Mannerino that the time within which judicial review of the decision represented by this R~solution must be sought is governed by the provisions of California Code of civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mil, return- receipt requested, to John Mannerino at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. NOT PASS~D, APPROVED, OR ADO~ this 20th day of November, 1991.