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HomeMy WebLinkAbout94-22 - Resolutions RESOLUTION NO. 94-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT NO. 91-02 FOR A BAR AND RESTAURANT, SAM'S PLACE, LOCATED A THE NORTHWEST CORNER OF CARNELIAN AND 19TH STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60. A. Recitals. 1. On December 4, 1991, the City Council adopted Resolution No. 91-382 approving Entertainment Permit 91-02, to allow entertainment uses consisting of a duet. 2. On March 8, 1994, the City of Rancho Cucamonga gave notice to the applicant that he violated the Entertainment Permit with the use of a disc jockey. 3. On March 23, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the revocation of the Entertainment Permit, and concluded said hearing on that date. 4. 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. 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 of the subject site 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 Resolution No. 91-382; and PLANNING COMMISSION RESOLUTION NO. 94-22 EP 91-02 - SAM'S PLACE March 23, 1994 Page 2 d. Newspaper advertisements in the Inland Valley Daily Bulletin indicated that entertainment such as live bands, disc jockeys with karaoke, and lingerie shows were offered at Sam's Place. On June 22, 1993, the applicant was notified to cease all illegal entertainment except for the approved duet. Despite repeated contacts, the violations continued as evidenced by the newspaper advertisement for entertainment such as live bands and disc jockeys dated August 25, 1993, and verified by site inspections on September 19 and 21, 1993; and e. In response to the City's citation process, the applicant submitted an application to modify the permit to legalize the added entertainment on September 23, 1993; and f. On January 5, 1994, the City Council adopted Resolution No. 94-004 denying the applicant's request, except for karaoke. The approved entertainment consists of a duet and karaoke; and g. Site inspections on January 24, and 26, 1994, and illegal signs retrieved in the City on March 10, 1994, indicated that the applicant continued to violate this permit with the use of disc jockeys; and h. A notice regarding the violations of the permit and a notice of the scheduled revocation hearing for March 23, 1994, were sent to the applicant on March 8, 1994; and 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 applicant violated provisions of the Chapter 5.12 RCMC and the permitted activity under Entertainment Permit 91-02; and b. That the applicant violated the Development Code by displaying illegal signs; and c. That the applicant violated the conditions of approval adopted by Council Resolutions No. 91-382 and 94-004. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby revokes Entertainment Permit 91-04 and the entertainment 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 COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 94-22 EP 91-02 - SAM'S PLACE March 23, 1994 Page 3 441111a"- BY: E. Da" ATTEST: irt4!..t ., -,f_ At Bra. r, Wry 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