HomeMy WebLinkAbout10-13 - Resolutions RESOLUTION NO. 10-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT
PERMIT DRC2007-00284R, A REQUEST TO ALLOW LIVE
ENTERTAINMENT AND DANCING AT AN EXISTING RESTAURANT USE
IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK DISTRICT,
SUBAREA 7, LOCATEDAT 11815 FOOTHILL BOULEVARD;AND MAKING
FINDINGS IN SUPPORT THEREOF —APN: 0229-011-38.
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 January 13, 2010, and continued to February 10, February 24, and March 10, 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. 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 Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission 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 this Commission during the
above-referenced public hearing on January 13, February 10, February 24, and March 10, 2010,
including written and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. The operations associated with this application have 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 canceling of uniformed security was a violation of the Entertainment Permit
Conditions of Approval and;
d. The Public Safety Records demonstrate that the business is being operated in a
manner contrary to the peace, health, safety and general welfare of the public; and
'e. 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 Commission .during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows:
PLANNING COMMISSION RESOLUTION NO. 10-13
ENTERTAINMENT PERMIT DRC2007-00284R — EL LOCO CANTINA & GRILL
March 10, 2010
Page 2
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 canceling of uniformed security was a violation of the Conditional Use Permit
Conditions of Approval and;
d. The Public Safety Records demonstrate that the business is being operated in a
manner contrary to the peace, health, safety and general welfare of the public and;
e. The video evidence indicates the area used for dancing exceeds the maximum 150
square foot limitation.
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 and bar uses
must terminate within 30 days of the Planning Commission action.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2010
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:<\� � � S -
Richard B. Fletcher, Chairman
ATTEST:
Jam7AICP,
. Troyer, AICP, Secr ary
es
I, JarR. Troye , Secretary of the Planning Commission 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 Commission held on the 10th day of March 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL,MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE