HomeMy WebLinkAbout88-143 - Resolutions RESOLUTION NO. 88-143
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENTERTAINMENT
PERMIT 87-01 FOR HARRY C'S RESTAURANT/NIGHTCLUB LOCATED
AT 10877 FOOTHILL BOULEVARD
A. Recitals.
(i ) On June 24, 1987, this Commission adopted its Resolution No. 87-
102, thereby approving, subject to specified conditions, vocals for dancing in
the Harry C's Restaurant on the southwest corner of Foothill Boulevard and
Spruce Avenue. A true and complete copy of said Resolution is attached hereto
as Exhibit "A" and is incorporated herein by this reference.
(ii ) On June 7, 1988, the Public Safety Commission for the City of
Rancho Cucamonga publicly conducted a hearing to review the reports of law
enforcement, fire safety, and related public safety problems and reports of
expansion of the scope of entertainment beyond that approved by this
Commission and recommended that additional conditions of operation be imposed
on Entertainment Permit No. 87-01. A true and complete copy of the Public
Safety Commission findings are attached hereto as Exhibit "B" and is
incorporated herein by this reference.
(iii ) On June 24, 1988, Harry H. Chan applied for an annual renewal
of the Entertainment Permit, as required by Rancho Cucamonga Municipal Code
Section 5.12.110, which included a request for expansion of the nature and
scope of the entertainment.
(iv) On July 13, 1988, this Commission conducted and concluded a
duly noticed public hearing to determine whether substantial evidence existed
to support revocation of Entertainment Permit No. 87-01.
(v) All legal prerequisites 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, including written staff reports
and further testimonial evidence presented by the Sheriff's Department and
Foothill Fire Protection District during the public hearing described in
paragraph A. (iv), above, this Commission specifically finds that violations
of Condition No. 4a of Planning Commission Resolution No. 87-102, violations
of Rancho Cucamonga Municipal Code Section 5.12.100, subsections (2), (4) , and
(5) , and violations of Rancho Cucamonga Municipal Code Section 3.36.050, have
occurred since the adoption of Planning Commission Resolution No. 87-102,
contrary to the peace, health, safety and general welfare of the public.
PLANNING COMMISSION RESOLUTION NO.
RE: EP 87-01 - HARRY C'S
July 27, 1988
Page 2
3. Based upon violations identified above, this Commission declines
to revoke Entertainment Permit No. 87-01; however, in order to insure future
compliance with the conditions and City regulations identified in paragraph 2,
above, this Commission hereby modifies Entertainment Permit No. 87-01 by
adding the following conditions:
a. The Secretary of this Commission is hereby directed to set a
public hearing for a regular meeting of the Commission, approximately 120 days
after the date of adoption of this Resolution, to further consider
modification, suspension, or revocation of Entertainment Permit No. 87-01. At
such time, this Commission shall review the operation of the permittee's
business to determine whether it is being operated consistent with the
conditions of approval and all other City regulations.
b. No expansion of the entertainment permit is allowed.
c. 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.
4. This Commission further finds that all conditions previously
imposed by Entertainment Permit No. 87-01, and Planning Commission Resolution
No. 87-102, attached hereto as Exhibit "A", shall continue in all respects and
with full force and effect.
5. The Secretary of this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988.
PLANNING COMM
a./. SSION OF THE)CITY OF RANCHO CUCAMONGA
BY: .d a l///..`)ta
arry A . ' `7, airm.
ATTEST: I�l__ _
:r7112)► e , c •pu y '•cre ary
I, Brad Buller, Deputy 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 27th day of July, 1988, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, BLAKESLEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EMERICK, TOLSTOY-
ABSTAIN: COMMISSIONERS: MCNIEL
RESOLUTION NO. 87-102
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
APPROVING ENTERTAINMENT PERMIT NO. 87-01 TO OPERATE AND
CONDUCT ENTERTAINMENT BY A DISC JOCKEY FOR DANCING FOR
HARRY C'S RESTAURANT LOCATED AT 10877 FOOTHILL BOULEVARD
A. RECITALS
(i ) Ranch Cucamonga �adoptedi Ordinance lNo f 290eproviding
for the regulation of entertainment.
(ii ) On June 1, 1987, Harry Chan has filed an application
for the issuance of an Entertainment Permit (EP 87-01)
described above in the title of this resolution.
(iii ) On the 24th day of June, 1987, the Rancho Cucamonga
Planning Commission held a public hearing to consider
the above-described project.
B. RESOLUTION
NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as
follows:
1. This Commission hereby specifically finds that all 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 June 24, 1987
hearing, including the written staff report, and the
written, signed and verified application of the
applicant, this Commission hereby specifically finds
as follows:
a. The application applies to property located on
the southwest corner of Foothill and Spruce on
a lot presently improved with structures and
parting areas which constitute Harry C's
Restaurant;
b. The surrounding property is undeveloped,
vacant land;
c. The proposed entertainment, as conditioned
hereby, complies with City of Rancho Cucamonga
code requirements;
PLANNING COWISSION RESOLUTION NO.
ENTERTAINMENT PERMIT 87-01 - HARRY C'S
June 24, 1987
Page 2
3. Based upon substantial evidence presented to this
Commission during the above-referenced June 24, 1987
hearing and upon the specific findings of facts set
forth in Paragraphs 1 and 2 above, this Comiission
hereby finds and concludes 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 or welfare;
and
(b) That the praises or establishment are not
likely to be operated in an illegal , improper or
disorderly manner; and
(c) That the applicant has not 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; and
(d) That granting the application would not
create a public nuisance; and
(e) That the normal operation of the praises
would not interfere with the peace and quiet of
any surrounding residential neighborhood; and
(f) The applicant has not made any false,
misleading or fraudulent statement of material
fact in the required application.
4. Based upon the findings and conclusions set forth in
Paragraphs 1, 2 and 3 above, this Commission hereby
approves the application subject to the following
conditions;
a. This approval is for a disc jockey doing
vocals and playing records for listening
pleasure and/or dancing• Expansion of the
dance floor area, increase in the scale or
intensity, or other modification of
entertainment shall require application for
modification of this permit.
b. 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
F+-3
PrPLANNING COMMISSION RESOLUTION N0.
ENTERTAINMENT PERMIT 87-01 - HARRY C'S
June 24, 1987
Page 3
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.
APPROVED AND ADOPTED THIS 24TH DAY OF JUNE, 1987.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
lV p
BY: . ( Az- t[.
r emir= aarrsa
ATTEST: ` gee�a"i /
:n er 'srrrnr— . re ary
I, Brad Buller, Deputy 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 Caaission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 24th day of June, 1987, by the following vote-to-wit:
AYES: COMMISSIONERS: TOLSTOY, EMERICK, 8LAKESLEY, CHITIEA, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
'5/
CITY OF RANCHO CUCAMONGA
MEMORANDUM irk.
DATE: June 16, 1988
TO: Planning Commission �1�
FROM: Public Safety CommissioneQt `f1
SUBJECT: HARRY C'S RESTAURANT - ENTERTAINMENT PERMIT
At the request of the Mayor, the City staff presented to the Public Safety
Commission reports of law enforcement, fire safety and related public safety
problems that have plagued Harry C' s since its opening. On June 7, a hearing
was conducted on this matter. A copy of the staff reports presented to us on
that date are attached.
The Commission learned of the following areas of concern:
1. Excessive law enforcement resources that are being expended to police the
establishment, particularly in connection with the providing of
entertainment.
2. Repeated fire code violations and failure to comply with public safety
provisions relating to crowd control .
3. The licensee's expansion of the scope of entertainment beyond that approved
in their permit, without the consent or approval of the Planning Commission
or Planning staff.
4. The habitual failure to pay city admission taxes in a timely manner.
5. The failure to comply with landscaping requirements of the Planning
Division.
II.
The Commission, after review of the staff reports, response by the licensee, his
attorney and landlord, and after discussion, unanimously adopted by motion the
following findings:
45k494,e;y7r
Harry C's Restaurant - Entertainment Permit
June 16, 1988
Page 2
FINDINGS OF FACT
1. The licensee has been the subject of persistent and repeated fire code
violations which endanger the public welfare. Specifically, the repeated
blocking of hallways and exits, excessive occupancy beyond capacity limits,
inoperative fire sprinkler gauge equipment, and failure to report a fire
that occurred during business hours.
2. The licensee has personally been previously and repeatedly advised of fire
code requirements and violations.
3. The licensee has wilfully and repeatedly allowed an excessive and
prohibited number of patrons within the entertainment area (bar/disco) ,
creating a public safety crowd control and fire safety hazard.
4. An excessive and disproportionate amount of police time, manpower and
resources have been expended to police patrons at the licensee's facility
and to respond to calls for service. This drain on resources is above and
beyond that normally expected in such an establishment, and has resulted in
patrol deputies having to leave their assigned beats in the City, thus
leaving service levels in those areas with an unacceptable level of
protection in order to adequately deal with law enforcement problems at the
licensee' s establ ishment.
5. The licensee's plainclothes "security" guards are grossly inadequate and
inappropriate for both the nature of the licensee ' s business and the
excessive amount of people attracted to the facility, both inside and
outside the premises.
6. The above matters have been brought to the attention of the licensee by the
police and fire service on numerous occasions, and a satisfactory level of
cooperation and compliance has not been achieved.
CONCLUSIONS
The Public Safety Commission concludes that action by the Planning Commission
to modify, suspend or revoke the licensee's entertainment permit is needed
inasmuch as the permitted business activity is being conducted in a manner
contrary to the peace, health, safety and general welfare of the public.
And, further, that the licensee is operating a permitted activity in violation
of fire ordinances and the conditions of his entertainment permit.
III.
RECOMMENDATIONS
It is therefore recommended that the Planning Commission take action to impose
the following conditions on licensee's entertainment permit:
Harry C' s Restaurant - Entertainment Permit
June 16, 1988
Page 3 _
1. A minimum of two uniformed, duly licensed and regularly employed security
guards from a reputable security firm 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.
2. The hours and scope of entertainment permitted be restricted to reduce the
number of patrons who loiter after hours in parking and outside areas of
the facility.
3. Such further conditions as the fire and police specifically request to'
eliminate, minimize or mitigate the public safety problems associated with
the providing of entertainment by the licensee.
4. It is further recommended that the Planning Commission not grant additional
grace time or delay the licensee for the purposes of code compliance with
fire regulations and other public safety requirements, and that the
continued failure to maintain the minimum public safety requirements of the
licensee ' s entertainment permit result in the permanent revocation
thereof.
CAB/dja
Enclosed
7