HomeMy WebLinkAbout91-131 - Resolutions RESOLUTION NO. 91-131
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING THE AMENDMENT TO
CONDITIONAL USE PERMIT NO. 78-03 TO EXTEND THE HOURS OF
OPERATION AND TO ELIMINATE THE CONDITION OF APPROVAL
PROHIBITING LIVE ENTERTAINMENT FOR AN EXISTING BAR AND
RESTAURANT, LOCATED AT THE NORTHWEST CORNER OF 19TH AND
CARNELIAN STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT,
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56
THROUGH 60.
A. Recitals.
(i) John Mannerino, on behalf of Sam Pellegrino, has filed a petition
to modify the conditions of approval for 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 10th day of July 1991 and continued to the 24th day of
July and the 14th day of August 1991, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and continued that hearing to the September 11, 1991, meeting.
(iii) On the 11th day of September 1991, the Planning Commission of the
City of Rancho Cucamonga received public testimony and concluded said hearing
on that date.
(iv) 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 substantial evidence presented to this Commission
during the above-referenced public hearings, including written and oral staff
reports together with public testimony, this Commission hereby specifically
finds as follows:
(a) The application applies to property located at the 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 center.
(b) The property to the north of the subject site is a future
freeway, the property to the south 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.
PLANNING COMMISSION RESOLUTION NO. 91-131
CUP 78-03 - SAM'S PLACE
September 11, 1991
Page 2
(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, from 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 prohibiting 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 from the date of denial or revocation.
(f) The applicant has been operating the business beyond the
11:00 p.m. limitation and offered live entertainment in violation of the
conditions of approval and in violation of Ordinance No. 290 pertaining to
Entertainment Permits.
(g) The current limitation on hours of operation to 11:00 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 p.m. and the elimination of related live entertainment.
(i) The extension of hours of operation together with the live
entertainment may be detrimental to the surrounding 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 incompatible with the surrounding residential area.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearings and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission 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 will be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 91-131
CUP 78-03 - SAM'S PLACE
September 11, 1991
Page 3
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby denies the request to amend the
Conditional Use Permit No. 78-03 for the extension of hours of opelation and
the elimination of the conditions of approval prohibiting live
entertainment. All conditions of approval contained in City Council
Resolution No. 91-007 shall remain in full force and effect.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 1991.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY •
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Suzanne Chiti-- , ice C airman
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ATTEST: t► ____ , _
Brad' ' , ' ary
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 11th day of September 1991, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, VALLETTE
NOES: COMMISSIONERS: MELCHER
ABSENT: COMMISSIONERS: TOLSTOY
ABSTAIN: COMMISSIONERS: MCNIEL