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HomeMy WebLinkAbout90-13 - Resolutions RESOLUTION NO. 90-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLINING SUSPENSION OF ENTERTAINMENT PERMIT 89-02 FOR POLO GROUNDS RESTAURANT/NIGHT CLUB, LOCATED AT 10877 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-382-10. A. Recitals. ( i ) On April 26, 1989, the Planning Commission adopted Resolution No. 89-53 declining revocation of Entertainment Permit 87-01 for the entertainment use of disc jockey doing vocals and dancing for Harry C' s (Polo Grounds) Restaurant and adopted Resolution No. 89-54 approving Entertainment Permit 89-02 expanding the entertainment uses for said restaurant to allow live comedy acts, concerts , and jazz. The two approvals were subject to specified conditions and a monitoring review period of 180 days. (ii ) On October 25 , 1989, this Commission conducted a meeting to review the compliance of the conditions of approval for Entertainment Permit 89-02. During the 180-day monitoring period, numerous physical changes, in addition to a change of ownership, occurred. The Commission determined that the applicant, John Ramsey of the Polo Grounds , had not complied with the Minor Development Review process and the Fire Protection District requirements. The Commission directed the applicant to comply within 30 days; and, directed staff to set public hearing for suspension of the Entertainment Permit 89-02. ( iii ) On November 29, 1989, this Commission conducted a duly noticed public hearing on Entertainment Permit 89-02 and found that the applicant had complied with the requirements of the Minor Development Review but had not complied with all the requirements of the Fire Protection District. The Commission gave the applicant an additional 45 days to comply, and continued the public hearing to January 10, 1990. ( iv) On January 10, 1990, the Commission, after hearing testimony from the Fire Protection District and examining all facts during this continued public hearing, determined that the applicant had not complied with all the requirements. The Commission directed the applicant to resolve the outstanding issues with the Fire District and continued this public hearing to the January 24 , 1990 meeting. (v) On January 2.4, 1990, this Commission concluded a duly noticed public hearing and determined that there is substantial evidence that the entertainment is being operated in conformance with City requirements and Entertainment Permit 89-02, in particular, compliance with the Fire District requirements. (vi) All legal prerequisites prior to the adoption of this Resolution have occurred. PLANNING COMMISSION RESOLUTION NO. 90-13 EP 89-02 - POLO GROUNDS January 24, 1990 Page 2 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 substantial evidence including written staff report and further testimony and written evidence presented by the Rancho Cucamonga Fire Protection District during the hearings described in the Recitals, Part A, above, this Commission hereby specifically finds since April 26, 1989, the applicant has established a record of operation in compliance with conditions of approval of Entertainment Permit 89-02. 3. Based upon substantial evidence presented to this Commission and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby declines to suspend Entertainment Permit 89-02 . 4. This Commission further finds that all conditions previously imposed by Entertainment Permit Nos. 87-01 and 89-02 and Planning Commission Resolution Nos. 87-102 and 89-54, shall continue in all respects and with full force and effect. 5. The Secretary of this Commission shall certify to adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY, 1990. PLANNING COMMI SION OF THE CITY OF RANCHO CUCAMONGA BY: /j Mellkf L ry . Mc iel , Chairman ATTEST: : ad B `l :r, S•cretary I , Brad Buller, 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 24th day of January, 1990, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 90-13 EP 89-02 - POLO GROUNDS January 24, 1990 Page 3 AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE