HomeMy WebLinkAbout95-61 - Resolutions RESOLUTION NO. 95-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING ENTERTAINMENT
PERMIT NO. 95-01 FOR THE REQUEST TO HAVE ENTERTAINMENT
CONSISTING OF A DISC JOCKEY AND A 3-TO 4-PIECE LIVE BAND IN
CONJUNCTION WITH AN EXISTING RESTAURANT AND BILLIARD HALL
LOCATED AT 6620 CARNELIAN STREET, IN THE NEIGHBORHOOD
COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 208-811-56, 59, 60, & 61.
A. Recitals.
1. Mr. Sam Pellegrino has filed an application for the issuance of Entertainment Permit
No. 95-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Conditional Use Permit request is referred to as "the application."
2. On the 13th day of December 1995, 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.
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 December 13, 1995, 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 Camelian Street and is presently
improved with a shopping center.
b. The property to the north is vacant and planned for a future freeway, the properties
to the south and east are shopping centers, and the properties to the west are single family homes.
c. The proposed use is to offer entertainment consisting of a disc jockey and a 3- to
4-piece live band within an existing restaurant and billiard hall with a leased space of 4,200 square
feet. A related proposed use under separate application is to serve hard liquor. The hours of
operation for the full bar are 11 a.m. to 2 a.m. The hours for entertainment are 9 p.m. to 1 a.m.,
daily.
d. West of the shopping center are single family residences. They have been
adversely impacted by nuisance problems such as, loud music from entertainment, loitering activities
and loud noise within the parking lot in the late evening and early morning hours before by the same
business that previously had a full bar service and entertainment.
e. Because of the nuisance problems and non-compliance with conditions of approval,
the City conducted a revocation hearing in 1991 and 1994. On October 5, 1994, the applicant
relinquished his Entertainment Permit.
PLANNING COMMISSION RESOLUTION NO. 95-61
EP 95-01 - SAM PELLEGRINO
December 13, 1995
Page 2
f. The City did not receive complaints from adjacent residents after Sam's Place
stopped having entertainment as of October 5, 1994.
g. The nature of the business will have the potential for nuisance problems such as
loud music from the entertainment, loud noise and loitering activities within the parking lot in the late
evening and early morning hours. These types of nuisance problems will adversely impact the
adjacent single family residences. Therefore, the granting of the Entertainment Permit would be
inconsistent with Ordinance No. 290 because the nuisance problems would interfere with the peace
and quiet in the residential neighborhood and would be contrary to the public health, safety and
welfare.
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. The Conduct of the establishment and the granting of the application would be
contrary to the public health, safety, morals, or welfare.
b. The granting of the application would create a public nuisance.
c. 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, 3, and 4 above,
this Commission hereby denies the application.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTE' - H DAY OF DECEMBER 1995:
PLANNI',_�__O\, - SION OF THE CITY •F - • CHO CUCAMONGA
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BY: Asallantry
ATTEST: arrali
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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 13th day of December 1995, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE