HomeMy WebLinkAbout93-101 - Resolutions RESOLUTION NO. 93-101
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO
ENTERTAINMENT PERMIT NO. 91-02, TO EXPAND THE
ENTERTAINMENT TO ALLOW A LIVE BAND, DISC JOCKEY, AND
KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED
AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD COMMERCIAL
DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 201-811-56 THROUGH 60.
A. Recitals.
1. Luanne Pellegrino has filed an application for the issuance of
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. "
2. On November 10, 1993, 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. At that time, the Commission
directed staff to prepare a Resolution of Denial for adoption on November 23,
1993.
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 substantial evidence presented to this Commission
during the above-referenced public hearing on November 10, 1993, 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 6620 Carnelian
Street and is presently improved with a shopping center; and
b. The property to the north is vacant and planned for a future
freeway, the property to the south is a shopping center, the property to the
east is a shopping center; and the property to the west is single family
residences; and
c. The original Entertainment Permit was granted for a duet and
allowed entertainment on Monday through Saturday between 8 p.m. to 2 a.m. ; and
PLANNING COMMISSION RESOLUTION NO. 93-101
EP 91-02 DENIAL - SAM'S PLACE
November 23, 1993
Page 2
d. The applicant expanded the types of entertainment to include
live bands, disc jockey with karaoke, and lingerie shows and the days for
entertainment to include Sunday in violation of Ordinance No. 290 and City
Council Resolution No. 91-382; and
e. After receiving the City's notice of violations, the
applicant submitted an application requesting modification to the
Entertainment Permit to allow entertainment on Sunday and to add live bands,
disc jockey, and karaoke for entertainment; and
f. The City received comments from adjacent residents objecting
to the loud music from the entertainment in the bar and loud noise from the
loitering activities in the parking lot in the late evening and early morning
hours, during the months the applicant illegally expanded the entertainment;
and
g. The proposed entertainment will create land use conflict with
the westerly residential neighborhood because of the adverse impact of
excessive noise coming from Sam's Place in the late evening and early morning
hours; and
h. The applicant has not demonstrated that he can be a good
neighbor nor comply with the City's codes and conditions of approval because
the City has previously received complaints from residents of the same
westerly neighborhood objecting to the loud music, noise, and loitering
activities coming from Sam's Place and because the applicant continued to
violate the City's ordinances and conditions of approval under the permit
despite repeated notices from the City to cease the violations and to address
the nuisance problems.
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:
a. That the conduct of the establishment and the granting of the
application would be contrary to the public health, safety, morals, or
welfare.
b. That the establishment is likely to be operated in an
illegal, improper, or disorderly manner.
c. That that granting of the application would create a public
nuisance.
d. That the normal operation of the premises would interfere
with the normal peace and quiet of any surrounding residential neighborhood.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby denies the application.
PLANNING COMMISSION RESOLUTION NO. 93-101
EP 91-02 DENIAL - SAM'S PLACE
November 23, 1993
Page 3
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 1993.
PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA
BY: //./1 . _-. Q /"'
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Larr ' McNie ✓"aaii/rmmaa
ATTEST: � a
Bra• : �' e , Sec. -tary
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 23rd day of November 1993, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, VALLETTE
NOES: COMMISSIONERS: MELCHER
ABSENT: COMMISSIONERS: TOLSTOY