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HomeMy WebLinkAbout95-60 - Resolutions RESOLUTION NO. 95-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 95-26 FOR THE REQUEST TO SERVE HARD LIQUOR 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 Conditional Use Permit No. 95-26, 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 for the serving of hard liquor within an existing restaurant and billiard hall with a leased space of 4,200 square feet. A related proposed use under separate application is the proposal to offer entertainment, consisting of a disc jockey and a 3 to 4-piece live band. 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, 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. e. Because of the nuisance problems and non-compliance with conditions of approval, the City conducted revocation hearings in 1991 and 1994. On October 5, 1994, the applicant relinquished his Conditional Use Permit for the full bar. PLANNING COMMISSION RESOLUTION NO. 95-60 CUP 95-26 - SAM PELLEGRINO December 13, 1995 Page 2 f. The City did not receive complaints from the adjacent residents after Sam's Place stopped serving hard liquor. g. The nature of the business will have the potential for nuisance problems such as 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. h. The Commercial Section of the Development Code states that the intent of a Neighborhood Commercial District is to have uses that are compatible to and harmonious with the character of surrounding residential area. Also, one of the goals of the General Plan is to avoid creating nuisances among adjacent land uses. Because of the potential for nuisance problems, the proposed use will not be compatible with the adjacent single family residential use. 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 proposed use is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the application identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby denies the application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 1995. PLANNING - ' ISSIO OF THE CITY OF RANCHO CUCAMONGA BY: datilin1ij fug 'WWi\_laid car er, C =irman ATTEST: a/ cdss Brad e1®-'.ecr;tary • PLANNING COMMISSION RESOLUTION NO. 95-60 CUP 95-26 - SAM PELLEGRINO December 13, 1995 Page 3 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