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HomeMy WebLinkAbout94-21 - Resolutions RESOLUTION NO. 94=21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. 78-03 FOR THE OPERATION OF A BAR IN CONJUNCTION WITH A RESTAURANT, SAM'S PLACE, 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. 1. On December 27, 1978, the Planning Commission adopted Resolution No. 78-40 conditionally approving a restaurant with a bar and entertainment at 6620 Carnelian Street, formerly known as the Boar's Head and presently Sam's Place. 2. On October 27, 1982, the Planning Commission adopted Resolution No. 82-98 modifying the permit by adding conditions of approval to alleviate public nuisance problems as a result of consistent complaints from adjacent residents. Two conditions of approval required the applicant to install no parking signs at the northwest parking area to prohibit employees and patrons from parking in that area and to place large trees and chain barriers across the drive aisles to block access into this parking area. The applicant failed to comply with these two conditions. 3. On September 28, 1983, the Planning Commission adopted Resolution No. 83-117 modifying the permit to require the implementation of a dinner menu, additional noise attenuation measures, and the hours of operation to close at 11 p.m. 4. On July 10, 1985, the Planning Commission adopted Resolution No. 83-117A modifying the permit by prohibiting entertainment uses. The conditions of approval in Planning Commission Resolution No. 82-98, as referenced in Section A.2, were to remain in effect. 5. On January 2, 1991, the Council adopted Resolution No. 91-007 denying the applicant's request to extend the hours of operation. The conditions of approval in Planning Commission Resolutions No. 78-40, 82-98, and 83-117A, as referenced in Sections A.1 through A.4, were to remain in effect. 6. On December 4, 1991, the Council adopted Resolution No. 91-381 to modify the permit by approving the extension of the hours of operation from 11 p.m. to 2 a.m. , Monday through Saturday and eliminating the condition of approval prohibiting entertainment uses. The City Council also adopted Resolution No. 91-382 to approve the associated Entertainment Permit 91-02 to allow entertainment uses consisting of a duet. The conditions of approval in Planning Commission Resolution No. 82-98, as referenced in Section A.2, were to remain in effect. 7. On January 12, 1994, the City of Rancho Cucamonga gave notice to Sam's Place for immediate compliance with the conditions of approval as referenced above and attached hereto. PLANNING COMMISSION RESOLUTION NO. 94-21 CUP 78-03 - SAM'S PLACE March 23, 1994 Page 2 8. On January 24, and February 14, 1994, site inspections were conducted and the site was found to be in non-compliance with the conditions of approval. 9. On March 23, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the revocation of the Conditional Use Permit for non-compliance of conditions of approval, and concluded said hearing on that date. 10. 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 March 23, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. This permit 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 properties to the south and east are existing shopping centers, and the property to the west is single family residences; and c. As a result of receiving complaints, a letter dated May 7, 1992, was sent to the applicant reminding him to comply with, and adhere to, all the conditions of approval as contained in City Council Resolutions No. 91-381 and 91-382 and Planning Commission Resolution No. 82-98. Conditions of approval include posting permanent no parking signs at the northwest parking area, installing physical barriers with landscaping and chains to block access into the northwest parking area closest to the adjacent residences, keeping the front and back door closed during business hours except for emergencies, providing security personnel outside to monitor the parking area and to assist in averting public nuisance problems, etc. ; and d. Based on the site inspection on January 6, 1994, City staff observed that the conditions of approval as referenced in Section A.2, had not been complied with; and e. Site inspections on January 23, and February 14, 1994, indicated non-compliance with the conditions referenced in Section A.2. Notices of non-compliance were given to the applicant on these two inspection dates; and PLANNING COMMISSION RESOLUTION NO. 94-21 CUP 78-03 - SAM'S PLACE March 23, 1994 Page 3 f. A notice regarding the violations of the permit and a notice of the scheduling of the March 23, 1994, revocation hearing were sent to the applicant on March 4, 1994; and g. To date, the applicant has not installed the permanent no parking signs at the northwest parking area nor placed landscaping (trees) and a chain barrier across the drive aisle to block access into the parking area. 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 Conditional use Permit is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts. Therefore, the permit should be revoked which requires the operation to cease and desist in the time allotted by the Commission. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby revokes Conditional Use Permit 78-03 and the use shall cease and desist within 10 calendar days from the date of the adoption of this Resolution. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 1994. PLANNING CO �SSION OF E ' I Y OF RANCHO CUCAMONGA BY: 4.1_01 ,..1 1�1__ _'n∎ E. David :• - ,- rman I ATTEST: �(� Ar (1".1 A/ Bra•4f r, ry 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 March 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • T H E C T Y 0 F Q A Y C H O C U C A M O N C A January 12, 1994 Mr. Sam Pellegrino - 6620 Carnelian Avenue Rancho Cucamonga, CA 91701 SUBJECT: MODIFICATION TO ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE Dear Mr. Pellegrino: At the January 5, 1994 meeting, the City Council denied your appeal and upheld the Planning Commission's decision in denying your request to expand the entertainment with the exception of karaoke. The approval of karaoke does not include the use of a disc jockey or competition among your patrons. A copy of the Resolution 94-004 is attached. The conditions of approval contained in City Council Resolution No. 91-382 and Planning Commission Resolution No. 82-98 are still in effect and must be fully complied with. Copies of these two Resolutions are also attached. Please note the several conditions of approval that require your immediate attention in order to bring your business into full compliance with all conditions of approval. 1. Your patrons shall not park at the northwest parking area as marked on the attached site plan. Permanent signs shall be posted immediately. Staff will conduct a compliance inspection within 10 calendar days from the date of this letter. 2. A minimum of two security guards shall be on the premises from 6 p.m. until two hours after the cessation of entertainment and the serving of alcohol. One of the security guards shall remain on duty outside the facility in the parking lot and shall conduct periodic monitoring of the parking lot as well as the adjacent areas to assist in averting nuisances and disturbances from the patrons. Compliance shall begin immediately. 3. The front and back doors of the business shall remain closed during evening hours beginning at 6 p.m. except in the event of an emergency. Compliance shall begin immediately. 4. The northwest parking area as marked on the attached site plan shall be blocked off by placing large trees in containers along the edge of the drive aisle. Also, a chain or breakaway barrier shall be installed to block the access from the rear/service driveway into this northwest parking area during the evening hours beginning at 6 p.m. Staff will conduct a compliance inspection 30 days from the date of this letter. Mayor Dennis L. Stout -s / 'Councilmember William J. Alexanc ' Mayor Pro-Tem Charles J. Buquet II 'r`7 t>' Councilmember Diane Williams Jack Lam. AICP• City Manager Councilmember Rex Gutierrez 10500 Civic Center Drive • P.O. Box 807 • Rancho Cucamonga. CA 91 729 • (909)989-1851 • Mr. Sam Pellegrin EP 91-02 January 12, 1993 Page 2 In addition to the above, there are several outstanding code enforcement issues that need to be corrected. The barrel of cooking grease stored outside your back exit door, the flyers or other advertising materials posted on utility poles, and the excess window neon signs must be removed immediately. Your voluntary compliance with the above requirements and within the time period specified will be appreciated. Should you fail to do so, the City has no alternative but to proceed with the citation process immediately. If you have any questions regarding the conditions of approval, or need further clarification on complying with them, please do not hesitate to call me or Nancy Fong at (909) 989-1861 . Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANN DIVISION Brad -tiller City Planner BB:NF:mlg Attachments: City Council Resolution No. 94-004 City Council Resolution No. 91-382 Planning Commission Resolution No. 82-98 Site Plan cc: John Mannerino, Attorney Doug Gorgen, Property Owner Joe Fabis, Resident Luella Fims, Resident Richard Alcorn, Code Enforcement Supervisor Nancy Fong, Senior Planner