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HomeMy WebLinkAbout10-039 - Resolutions RESOLUTION NO. 10-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ON APPEAL REVOKING ENTERTAINMENT PERMIT DRC2004-00327R, A REQUEST FOR ENTERTAINMENT INCLUDING LIVE MUSIC AT A FULL-SERVICE RESTAURANT WITH BAR AND MICROBREWERY, WITHIN A 8,794 SQUARE FOOT RESTAURANT IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN THE MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-011-39. A. Recitals. 1. On December 9, 2009, the Planning Commission initiated a review of the existing Conditional Use Permit. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 13th day of January 2010, and continued to the 10th day of February 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. On the 17th day of February 2010, the City Council voted 4-1 to appeal the Planning Commission action of February 10, 2010. 4. On the 17th day of March 2010, the City Council held a public hearing of the appeal the Planning Commission action of February 10, 2010. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City 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 the substantial evidence presented to the City Council during the above-referenced public hearing on March 17, 2010, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The operations associated with this application has resulted in significant Public Safety Responses; and b. The owners and operators of this business have not complied with the Conditions of Approval; and C. The Public Safety Records demonstrate the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public; and d. The overall record of documentation demonstrates that the applicant is unfit to be trusted with the privileges granted by such a permit. 3. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The existing business operation 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. The existing business operation, has demonstrated, that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The Public Safety Records demonstrate the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public. 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby revokes the application and directs all entertainment activities to terminate and equipment must be removed within 30 days of the City Council action. 6. This Council hereby provides notice to Mike McCarthy and Ron VandenBroeke, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to McCarthy and Ron VandenBroeke, the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to at the address identified in City records. 8. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 10-039 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 17`h day of March 2010. AYES: Kurth, Michael, Spagnolo NOES: Gutierrez, Williams ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: nice C. Reynolds, City Clirk I, JANICE C. REYNOLDS, CITY CLERK 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 17th day of March 2010. Executed this 18`h day of March 2010, at Rancho Cucamonga, California. ,o G c� ice C. Reynolds, City O erk Resolution No. 10-039 - Page 3 of 3