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HomeMy WebLinkAbout91-007 - Resolutions RESOLUI~ON NO. 91-007 A RESOLUI~(~ OF THE CITY COUNCIL OF THE CITY OF RANCHO Ctk?AM05k?~, CALIFORNIA, Df~gYING THE ~ TO CONDITIONAL USE Pf~MIT NO. 78-03 FOR AN EXISTING BAR/RESTAURANT, SAM'S PIACE, LOCATED AT THE NORFHWEST CORNf~ OF 19TH AND C.~Z~:~Tk'~,T~9' STREET~ IN ~ N'EI~~ TH~RfDF- APN: 201-811-56, 58, 59, AND 60. A. Recitals. (i) Sam's Place, Luanne R. Pellegrino, has filed an application for the amendment to Conditional Use Permit No. 78-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (ii) On the 22nd day of August 1990, the Planning C~mt,~ssion of the City of Rancho Cucamorga conducted a duly noticed public hearing on the application and concluded said hearing on September 12, 1990. ~ne C~mtdssion conditionally adopted its Resolution No. 90-111, approving the amendment and extend/rg the hours of operation. (iii) The decision represented by said Plar~ C~,m,~ssion Resolution was timely appealed to this Council. (iv) On November 7, 1990, the City Council of the City of Rancho Cucamonga conducted a duly noticed Public Hearing and continued it to December 5, 1990. The City Council concluded said hearing on December 19, 1990. (v) All legal prerequisites prior to the adoption of this Resolution B. Resolution. NOW, THfREFORE, t/he City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: 1. ~nis Oour~il 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-referenoed public hearings including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) The application applies to property located at the north- west corner of 19th Street and Carnelian with a street frontage of 1,037 feet and lot depth of 240 feet and is presently improved with a shoppirg center; Resolution No. 91-007 pm~2 (b) The property to the north of the subject site is a future freeway, the property to the south is an ex~-~Ling shoppir~ center, the pro~ to the east is an existing shopping oenter, and the property to the ~ is existing single family residences. (c) The proposed amendment contemplates extending the hours of operation to coincide with those established by the applicant's alcoholic beverage control license; that is, frum the current closing hour of 11:00 p.m. to a new closing hour of 2:00 a.m., Monday through Saturday. (d) The current limitation on hours of operation to 11:00 p.m. was estm_blished as a direct result of a history of public safety and public nuisance problems associated with this location. (e) The former problems have not occurred since the curtailment of the hours to 11:00 p.m. and the elimination of related entertainment. (f) The extension of hours of operation may be detrimental to the surrounding single family residences because of their close proximity and because of the nature of bar facilities. (g) The extension of hours of operation for a bar facility would be inccmpatibile with the s~rour~d~g residential area. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearings and upon the specific findings of facts set forth in tkaragraphs 1 and 2 above, this C~mLd~sion hereby finds and concludes as follows: (a) That the proposed use is not in accord 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, together with the conditions applic- able thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusicms set forth in paragr~ 1, 2, and 3 above, this C~uncil hereby denies the amendment to the Ccnditior~l Use Permit 78-03 for the extension of hours of operation. 5. This Oouncil hereby provides notice to Sam's Place, Luanne R. Pellegrino, that the time within which judicial review of the decision 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 mail, return - receipt requested, to Sam's Plaoe, Luanne R. Pellegrino, at the address identified in city records. Resolution No. 91-007 p e3 PASSFD, ~, and ADOPI~D this 2nd day of Jar~y, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None ABS~T: None ~__ Dennis L. Stout, Mayor E~_b~-a J. Adams~./City Clerk I, DEBRA J. ADAMS, CITY C~.FRK of the City of Rancho Cuca~or~3a, 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 rec3ular meeting of said City Council held on the 2nd day of Jan, ~m~y, 1991. Executed this 3rd day of January, 1991 at Rancho Cucamonga, California. ~D~-_hra J. ~-Ci~y ~l~-~