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HomeMy WebLinkAbout91-132 - Resolutions RESOLUTION NO. 91-132 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING ENTERTAINMENT PERMIT NO. 91-02, A REQUEST TO CONDUCT LIVE ENTERTAINMENT IN CONJUNCTION WITH A 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 an application for an Entertainment Permit No. 91-02 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment 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, the Planning Commission of the City or Rancho Cucamonga does hereby find, determine, and resolve 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; and (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. 91-132 EP 91-02 - SAM'S PLACE September 11, 1991 Page 2 (c) 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 as contained in Resolution Nos. 83-117 and 91-007 for Conditional Use Permit No. 78-03 and Ordinance No. 290 pertaining to Entertainment Permits. (d) The City received a written complaint in June of 1991 objecting to the lateness of the hours of operation and the live entertainment. (e) The current limitation on hours of operation to 11:00 p.m. and the elimination of live entertainment were established as a direct result of a history of public safety and public nuisance problems associated with this location. (f) The former problems have not occurred since the curtailment of the hours to 11:00 p.m. and the elimination of live entertainment. (g) The extension of hours of operation together with live entertainment may be detrimental to the surrounding single family residences because of their close proximity and because of the nature of bar facilities. (h) The extension of hours of operation together with live entertainment for a bar facility would be incompatible with the surrounding residential area. 3. Based upon 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) The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals, or welfare; and (b) The premises or establishment is likely to be operated in an illegal, improper, or disorderly manner; and (c) That granting the application would create a public nuisance; and (d) That the normal operation of the premises would interfere with the peace and quiet of the surrounding residential neighborhood. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies Entertainment Permit No. 91-02. PLANNING COMMISSION RESOLUTION NO. 91-132 EP 91-02 - SAM'S PLACE September 11, 1991 Page 3 APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 1991. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA / Suzann- C lea, Vice Chairman ATTEST: 4_!..��.!_ii!iiii� BraW', 11109Fry 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