HomeMy WebLinkAbout88-237 - Resolutions RESOLUTION NO. 88-237
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DENYING,
WITHOUT PREJUDICE, A REQUEST FOR THE ISSUANCE OF AN
ENTERTAINMENT PERMIT, NO. 88-01, FOR EXPANSION OF
ENTERTAINMENT AT HARRY C'S RESTAURANT/NIGHTCLUB LOCATED
AT 10877 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 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.
(iii ) 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.
(iv) On July 27, 1988, this Commission adopted its Resolution No.
88-143 modifying the specified conditions of Entertainment Permit No. 87-01.
(v) The decision represented by Planning Commission Resolution No.
88-143 was timely appealed by the applicant to the City Council .
(vi ) On August 17, 1988, the City Council conducted and concluded a
duly noticed public hearing on the appeal and rejected the appeal , thus
upholding this Commission's decision.
(vii ) 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. Hereinafter in this Resolution, the subject
Entertainment Permit No. 88-01 is referred to as "the application."
(viii ) 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.
(ix) All legal prerequisities to the adoption of this Resolution
have occurred.
PLANNING COMMISSION RESOLUTION NO. 88-237
December 14, 1988
Page 2
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 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/nightclub that is currently
approved for an Entertainment Permit No. 87-01
for a disc jockey doing vocals for dancing
nightly;
b. The application contemplates the significant
expansion of the nature and scope of
entertainment to include live comedy acts,
sports celebrity promotions, lip-sync contests
and hair and clothing fashion shows;
c. That the conduct of the establishment has
resulted in violations of Condition No. 4a of
Planning Commission Resolution No. 87-102, and
violations of Rancho Cucamonga Municipal Code
Section 5.12. 100, subsections (2) , (4), and
(5) , have occurred since the adoption of
Planning Commission Resolution No. 87-102,
contrary to the health, safety, morals and
general welfare of the public.
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 be contrary
to the public health, safety, morals or
welfare;
b. That the premises or establishment is likely to
be operated in an illegal , improper or
disorderly manner;
PLANNING COMMISSION RESOLUTION NO. 88-237
December 14, 1988
Page 3
c. That the granting of the application would
create a public nuisance.
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 denies,
without prejudice, the application for Entertainment Permit No.
88-01.
5. The Secretary of this Commission shall certify to
the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14th DAY OF DECEMBER, 1988.
PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA
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BY: 7A/. . ... att. . .
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ATTEST: aI S7
:r:9U7l' •r,'Jary
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 14th day of December 1988, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, MC NIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CHITIEA, EMERICK