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HomeMy WebLinkAbout91-351 - Resolutions NOT APPROVED RESOLUTION NO. 91-351 A RESOLUTION OF ~{E CITY OC~CIL OF ~HE CITY OF PJtNC~O THE PLANNING CC~4ISSION'S D~CISION TO D~Y THE~ TO CONDITIONAL USE P~%MIT 78-03 FOR THEP~3ESTTO EXT~qD THE 5~URS OF OPerATION AND AM~D ~{E fI~DITION OF DISTRICT AT 6620 ~WAN STREET, NO~THWq~T CORN~{ OF THEREOF -APN: 201-811-56 ~ 60 A. Recitals. (i) John Mannerino, on behalf of Sam Pellegrino, ba.~ filed a petition to modify the Conditions of Approval for Conditional Use Permit 78-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit is referred to as the "application." (ii) On July 10, 1991, and continued to July 24, August 14, and September 11, 1991, the Planning C~,~,~ssion of the City of Rancho Cuc~_monga conducted duly noticed public hearings on the application and following tb~ conclusion of said public hearings, adopted Resolution No. 91-131 thereby rec~u~er~ to this City Council that said application be denied. (iii) The decision represented by said Planning C~m~,4ssion Resolution was timely appealed to this Council. (iv) On October 16 and continued to November 20, 1991, the city Council of the city of Rancho Cucamonga conducted duly notice public hearings on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution B. Resolution. NC~, THEREFORE, the City Council of the city of Rancho Cucamonga does hereby find, determine, and resolve as follows: 1. ~nis Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Pmsolution are true and correct. 2. Based upon substantial evidence presented to this Oouncil during the above-referenced public hearings including written staff reports, the minutes of the above-referenced Planning C~,,,,,~ssion meeting, and the contents of Planning C~,,,L,~ssion Resolution No. 91-131 this Council hereby specifically finds as follows: (a) The application applies to property located at tb~ 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 Resolution No. 91-351 Page 2 (b) The property to the north of the subject site is a future freeway; the property to the south of that site is an existing shopping center; the property to the east is an existing shopping center; and the property to the west is existing single family residences. (c) The proposed amendment cont~-~plates extending the hours of operation to coincide with those established by the applicant's alcoholic beverage control license; that is, fr~m 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 ~iting live entertainment. (d) The applicant 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 Development Code, Section 17.04.030H, states that following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use of the same or substantially the same site shall be filed within one year fr~m the date of denial or revocation. (f) The applicant has been operating the business beyond the 11:00 o'clock p.m. limitation and offering live entertainment in violation of the conditions of approval and in violation of Ordinance No. 290 pertaining to (g) The current limitation on hours of operation to 11:00 o'clock p.m. was established as a direct result of a history of public safety and public nuisance problems associated with this location. (h) The former problems have not occurred since the curtailment of the hours to 11:00 o'clock p.m. and the elimination of related live (i) The extension of hours of operation together with the live entertainment may be detrimental to the su~r~und~g single family residences because of their close proximity and because of the nature of bar facilities. (j) The extension of hours of operation together with the live entertainment would be ~tible with the surrounding residential area. 3. Based upon the substantial evidence presented to this Council during the above-ref~ public hearings, including written and oral staff reports, this Council hereby finds and concludes as follows: (a) That the p~oposed use is not in aocord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use will be detrimental to the public health, safety or welfare, or mterially injurious to properties or improve- merits in the vicinity. ~ssolutionNo. 91-351 Page 3 4. ~ne City Council of the City of Rancho Cucamonga hereby denies the application. All oonditions of approval contained in City ~ouncil Resolution No. 91-007 shall remain in full force and effect. 5. This Council hereby provides notice to John Mannerino that the time within which judicial review of the decision represented by this Resoluti~ 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 adoptio~ of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, 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 ADOPI~D this 20th day of November, 1991.