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HomeMy WebLinkAbout89-53 - Resolutions RESOLUTION NO. 89-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLINING REVOCATION OF ENTERTAINMENT PERMIT 87-01 FOR HARRY C'S RESTAURANT/NIGHTCLUB LOCATED AT 10877 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On June 24, 1987, this Connission adopted its Resolution No. 87-102, thereby approving, subject to specified conditions , a disc jockey doing 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 reconnended that additional conditions of operation be imposed on Entertainment Permit No. 87-01. (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. The Planning Commission declined to revoke the entertainment permit and, instead, determined that the applicant should be permitted to continue the currently approved entertainment for a period of 120 days to demonstrate ability to operate in conformance with the conditions of approval and in a manner that is not contrary to the peace, health, safety and general welfare of the public. The Commission also added the following conditions to Entertainment Permit 87- 01. 1. No expansion of the entertainment permit is allowed. 2. A minimum of two uniformed, licensed security guards. 3. A hearing should be set 120 days later to further consider modification, suspension, or revocation of Entertainment Permit 87-01. PLANNING COMMISSION RESOLUTION NO. 89-53 ENTERTAINMENT PERMIT 87-01 - HARRY C' S April 26, 1989 Page 2 (v) On August 17 , 1988, the decision was appealed to the City Council by the applicant. The City Council conducted a hearing and upheld the Planning Commission 's action of July 13, 1988. (vi) On September 28, 1988, the Planning Commission conducted a hearing for the new Entertainment Permit 88-01. The applicant was requesting approval of the expansion of entertainment uses. The Sheriff's Department testified that there had been 17 calls for service since July 13, 1988, including disturbances, public drunkenness, a fight, and a handgun possession. The Sheriff's Department indicated that although they had been receiving better cooperation (i .e. - uniformed security guards) from Harry C's , they were opposed to expansion of the entertainment use. The Foothill Fire District stated that they had not issued any citations since July 13, 1988 and could support expansion only subject to periodic review. Staff recommended that the Commission not consider any expansion of entertainment until the 120 days were complete. The Planning Commission concurred with staff's recommendation and continued the item to the meeting of November 30, 1988. (vii) On November 30, 1988, the Planning Commission heard testimony and examined the facts during a public hearing for the new Entertainment Permit 88-01. The Commissioners felt that expansion of the entertainment was not appropriate due to public safety concerns as reviewed. The Commission voted unanimously (5-0) to deny the request for a new Entertainment Permit 88-01 and they voted (3-2) to continue Entertainment Permit 87-01 for 120 days to the meeting of April 12, 1989. The purpose of the 120 day continuance was to allow the applicant the opportunity to establish a record of good management and safe operation. (viii) On April 12, 1989, the Planning Commission conducted and concluded a duly noticed public hearing to determine whether substantial evidence existed to support revocation, modification or declining of revocation of Entertainment Permit No. 87-01. The Planning Commission approved a motion to decline revocation of Entertainment Permit 87-01 and instructed staff to prepare a resolution for adoption at the April 26, 1989 meeting. (ix) 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. 2. Based upon substantial evidence, including written staff reports and further evidence by the Sheriff's Department and the Foothill Fire Protection PLANNING COMMISSION RESOLUTION NO. 89-53 ENTERTAINMENT PERMIT 87-01 - HARRY C'S April 26, 1989 Page 3 District described in the staff report (Exhibit "A") , this Commission specifically finds that since November 30, 1988, the applicant has established a record of operation in compliance with conditions of Entertainment Permit 87-01 and City regulations. 3. Based upon the record of operation during a 120 continuance since November 30, 1988, this Commission declined to revoke Entertainment Permit 87- 01. 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 26TH DAY OF APRIL, 1989. PLANNING COMMISSION OF THE CITY'O� F RANCHO CUCAMONGA BY: S�.ataa a 1 - ry .. � s . � n 7. I i ATTEST: IiiiGf�il/«anatt •ra• '1117; , 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 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 ) On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing 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 parking 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; Ag etre/45/r PLANNING COMMISSIGII hoRESOLUTION 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 Commission 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 premises 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 premises 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 PLANNING COMMISSIL)RESOLUTION NO. �J 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 BY: / a C 1c i(_ •r . 'c' elm'. arman ATTEST: `_____ '�� / :u er '.fl1nr ecre 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 24th day of June, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: TOLSTOY, EMERICK, BLAKESLEY, CHITIEA, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE