Loading...
HomeMy WebLinkAbout89-54 - Resolutions RESOLUTION NO. 89-54 A RESOLUTION OF THE RANCHO CUCPMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE ISSUANCE OF AN ENTERTAINMENT PERMIT, NO. 89-02 , FOR EXPANSION OF ENTERTAINMENT AT HARRY C'S RESTAURANT/NIGHTCLUB LOCATED AT 10677 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On June 24, 1988, this Commission adopted its Resolution No. 87-102, thereby approving Entertainment Permit No. 87-01, subject to specified conditions, for a disc jockey doing vocals for dancing in the Harry C's Restaurant on the southwest corner of Foothill Boulevard and Spruce Avenue. (ii) On August 22, 1988, Harry H. Chan filed an application for a new Entertainment Permit No. 88-01, which proposed expansion of the nature and scope of the entertainment. (iii) On September 28, 1988, this Commission conducted a duly noticed public hearing on Entertainment Permit No. 88-01 and continued said hearing to November 30, 1988. (iv) On November 30, 1988, the Planning Commission conducted a public hearing for the continued Entertainment Permit 88-01. The Commission felt that expansion of the entertainment was not appropriate due to public safety concerns. The Commission voted to deny the request for expansion of the entertainment. (v) On March 7 , 1989, Harry Chan filed an application for a new Entertainment Permit 89-02, which proposed expansion of the nature and scope of the entertainment. (vi) On April 12, 1989, the Planning Commission conducted a public hearing. The Commission voted unanimously to decline revocation of Entertainment Permit 87-01 and continued Entertainment Permit 89-02, in order to allow the applicant time to modify the application to delete fashion night and talent night. (vii) All legal prerequisities 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. PLANNING Cg4MISSION RESOLUTION NO. 89-54 ENTERTAINMENT PERMIT 89-02 - HARRY C'S April 26, 1989 Page 2 2. Based upon substantial evidence, including written staff reports and further testimonal and written evidence presented by the sheriff's Department and Foothill Fire Protection District during the hearings described in the Recitals, Part A, above, this Commission hereby specifically finds as follows: a. The application applies to property located on the southwest corner of Foothill Boulevard and Spruce Avenue, and is currently developed with a restaurant/night club that is currently approved for an Entertainment Permit No. 87-01 for a disc jockey doing vocals and for dancing nightly; b. The application contemplates the significant expansion of the nature and scope of entertainment to include: 1) Live jazz: local 4 piece jazz band to play 2 nights a week: 2) Live stand-up comedy: professional comedians, 2 to 3 an evening entertain during a 60 to 90 minute show. Acts are booked through an entertainment agency : 3) Concerts: occasional live entertainment concerts that would feature top name acts in the recording industry, booked through agencies. 3. Based upon the substantial evidence presented to this Commission and upon the specific findings of fact set forth in paragraphs 1 and 2 above, this Commission hereby specifically finds as follows: a. That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals and welfare ; b. That the premises or establishment is not likely to be operated in an illegal , improper or disorderly manner; c. That the granting of the application would not create a public nuisance. d. That the applicant or any other person associated with him as principal or partner, or in a position or capacity involving partial PLANNING COMMISSION RESOLUTION NO. 89-54 ENTERTAINMENT PERMIT 89-02 - HARRY C'S April 26, 1989 Page 3 or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the pre sentation, exhibition or performance of any obscene show of any kind, or of a felony or of any crime involving moral turpitude, nor has had any approval , permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years. e. That the normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. f. That the applicant has not made any false, misleading or fraudulent statement of material fact in the required application. 4. Based upon the substantial evidence presented to this Commission and upon the specific findings set forth in paragraphs 1 , 2, and 3 above, this Commission hereby approves the application for Entertainment Permit No. 89-02, subject to the following conditions: 1) This approval is granted only for live jazz bands, live stand-up comedy and concerts as described in paragraph 2 above. 2) All persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted, shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this condition shall apply only where a dance floor or dance area in excess of one hundred fifty square feet is available or designated for dancing by customers or patrons. 3) A minimum of two uniformed, duly licensed and regularly employed security guards from a reputable security firm shall be required to be on the premises from sunset until two hours after the cessation of any entertainment. At least one of said guards to be and remain on duty in the parking and outside adjacent areas of the facility. PLANNING COMMISSION RESOLUTION NO. 89-54 ENTERTAINMENT PERMIT 89-02 - HARRY C'S April 26 , 1989 Page 4 4) The hours of operation for entertainment shall be limited to Sunday through Saturday, 8:00 p.m. till 2:00 a.m. 5. The Secretary of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF APRIL, 1989. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA /LC() arry err 'ie , . - .n ATTEST: 4 Last at :rai ` r 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 26th day of April , 1989, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY