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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