Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Conditional Use Permit CUP2001020 - Supporting Documents
Carvalho, Wa ne From: Caraig, Gerald Sent: Tuesday, August 05, 2003 1:37 PM To: Carvalho, Wayne Subject: RE: "Special" Development Review Request Building Conditions: 1 Plans shall be submitted for review and a permit shall be required for the proposed alteration. 2 Alteration to meet all provisions of the current California Building Code and applicable municipal ordinances pertaining to building. 3 An architect of record is required to stamp the plans as it impacts the egress requirements for A3 occupancy. gerald caraig 714.374.1575 ---Original Message---- From: Carvalho, Wayne Sent: Tuesday, August 05, 2003 11:19 AM To: McGrath, Matt; Caraig, Gerald; Claudio, Jonathan Subject: "Special" Development Review Request I scheduled an item for the DRB next week and needed your timely response (via email) on the proposed request. The request involves a modification to the storefront at Arriba Baja Cantina at 126 Main Street (corner of Main and Walnut). The second floor entry was removed at the top of the stairway and replaced with a new glass entry at the bottom on the first floor. In addition, a new glass front was installed on the second floor near the building exterior. If you need to see the plans, please let me know, or you're welcome to come by anytime. If you have no comment, please email me anyway. Thanks Wayne Carvalho Associate Planner X5595 1 Carvalho, Wa ne From: Claudio, Jonathan Sent: Tuesday, August 05, 2003 11:36 AM To: Carvalho, Wayne Subject: RE: "Special" Development Review Request Wayne- Typically, PW will not have any special conditions on projects involving only facade improvements. In this case, the adjacent pedestrian path of travel would have to be protected and/or blocked off (w/ pedestrians detoured) as necessary. As usual, any work impacting the public right-of-way will require an encroachment permit. If you need anything else, let me know. Thanks - jo -----Original Message----- From: Carvalho, Wayne Sent : Tuesday, August 05, 2003 11:19 AM To: McGrath, Matt; Caraig, Gerald; Claudio, Jonathan Subject: "Special" Development Review Request I scheduled an item for the DRB next week and needed your timely response (via email) on the proposed request. The request involves a modification to the storefront at Arriba Baja Cantina at 126 Main Street (corner of Main and Walnut). The second floor entry was removed at the top of the stairway and replaced with a new glass entry at the bottom on the first floor. In addition, a new glass front was installed on the second floor near the building exterior. If you need to see the plans, please let me know, or you're welcome to come by anytime. If you have no comment, please email me anyway. Thanks Wayne Carvalho Associate Planner X5595 1 I NOTICE OF EXEMPTION From: Office of Planning and Research City of Huntington Beach 1400 Tenth Street , Room 121 Planning Department Sacramento, Ca 95814 2000 Main St., 3rd Flr. Orange County Clerk Recorder's Office Public Services Division P.O. Box 238 Santa Ana, CA 92702 Project Title : Conditional Use Permit 01-20 Huntington Beach , CA 92648 Project Location-Specific: 126 Main Street Suite #201 - Southeast corner of Main Street and Walnut Avenue Project Location -City: HUNTINGTON BEACH Project Location -County: ORANGE Project Description: To ermit the establishment and o eration of an outdoor dinin area in con'unction with a reviousl a roved restaurant use within an existin second floor deck to allow the sale of eneral alcohol sales in con unction with the restaurant use and to ermit live entertainment within the existin restaurant. Public Agency Approving Project : Ci of Huntin ton Beach Person or Agency Carrying Out Project : Chris Fredriksen Exempt Status: Ministerial (Sec. 21080(b)(1); 15268). Declared Emergency (Sec. 21080(b)(3); 15269(a)). Emergency Project (Sec. 21080(b)(4); 15269(b)(c)). Categorical Exemption (Class 1; Section 15301). Statutory Exemption (State Code Number Other (Govt. Code Sec. . )• Recorded in Official Records , County of Orange Gary Granville, Clerk -Recorder 1 i!I I DJ II II'I11III111111!111 Iliil ii i! II i !II J I1! 43.00 170 52 Z012001 8500072712:43pm 07109101 0.00 43 .00 0.00 0.00 0 .00 0.00 0 .00 0.00 Reasons why the project is exempt : The ro'ect consists of the licensin or ermittin of a use consistent with zonin and involvin no ex ansion of use be and that existin at the time of the lead a enc 's determination. Fee: Exempt per Govt. Code Section 6103 Lead Agency Contact Person : Paul Da Vei a Assistant Planner Telephone : (714) 374-5394 If filed by applicant: 1. Attach certified document of;xemption finding. 2. Has a Notice of Exempti Si Signed by ea Agcy---- G:\DaVeiga\CUP's\CUP 01-20-CatEx.doc en filed by the Public Agency approving the project? Yes No Title: Signed by Applicant POSTE JUL 09 2001 GARY L. GRANVILLE, Clerk•Recorderf=A 1111:x11'1 Date:"T G'c 1 JUL092001 GARY L. GRANViLLE, Clark-Recorder By 1=A DEPUTY I'm STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE C 'H RECEIPT 5 97DFG 753.) -a (9-x.I.i Rr- A 44of}Uk orC Lead Agency:f County/State Agency of Filing: Project Title:C.U..o1--2G Project Applicant Name:c I-' r is Project Applicant Address: ' E U- V3 1GP;1 E C l X C L-'El Project Applicant (check appropriate box): Local Public Agency CHECK APPLICABLE FEES: ( ) Environmental Impact Report Negative Declaration 1071136 Date: 7 1 U ( Document No.: C) I -?5O to-7Z 7 Phone Number:LI - .fir-41UN-TIpb t"tc1.1 -11- b415 School District Other Special District Private Entity '__ Application Fee Water Diversion (State Water Resources'Control8dard-Only) Projects Subject to Certified Regulatory Programs County Administrative Fee Project that is exempt from fees; Signature and title of person receiving payment : $850.00 $ $1,250.00 $ $850.00 $ $850.00 $ 625-00-$$ f L1 /( y RECEIVED FIRST COPY-PROJECT APPLICANT SECOND COPY-DFG/F SB THIRD COPY-LEAD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FILING TATE OF' CALIFORNIA 10 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE ON-SALE BEER AND WINE - EATING PLACE VALID FROM JUL 06, 2001 TYPE NUMBER DUP 41 375332 AREA CODE 3010 11 BUSINESS ADDRESS (IF DIFFERENT) OWNERS CHALK ART DESIGNS INC 505 PIERSIDE CIR HUNTINGTON BEACH,CA 92648 DBA ARRIBA BAJA CANTINA 126 MAIN ST 201 HUNTINGTON BEACH, CA 92648 CHALK ART DESIGNS INC IMPORTANT INFORMATION JUN 30, 2002 ORIG Conditions 7 EFFECTIVE PERIOD This license Is effective only for'thg operating period shown above A new license will be sent to you within 30 days of the expiration date on your license if payment,is timely.' POSTING Cover this license with glass or other transparent material and post It on premises in a conspicuous place RENEWAL NOTICES Renewal notices are sent to premises address unless a specific mailing address Is' requested if a notice is not received 30 days before expiration date shown above, contact the nearest ABC office To assure receipt of notices, advise your local ABC office of any change in address RENEWAL DATES It is he licensee 's res onslbili to a the re uired renewal fe b for late renewal and the license can be automatically revoked for failure to pay EXPIRES the ex irate n"data h wn above A penalty is charged SEASONAL LICENSES I i th ic s e' r' nsibili o a the re fired r new I fee rior o he ne o eratin er d CONDITIONS A copy of all applicable conditions must be kept on premises LICENSEE NAME Only 10 names will be punted on each license If there are more names associated with the license , they will be indicated by AND XX OTHERS". All names are on file and available upon request from your local ABC office , , ` , ' , , , ' , DBA If you change your business name please notify your local ABC'office. If you have any questions regarding this license, contact your local ABC office NOTE CONTACT YOUR LOCAL ABC OFFICE IF YOUR LICENSED PREMISES WILL BE TEMPORARILY CLOSED FOR MORE THAN 15 DAYS OR WILL BE PERMANENTLY CLOSED. Page # 8 -License Serial # 2019020766 "41-375332 CHALK-ART DESIGNS INC. Page 2 04. During normal meal hours, at least 50% of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. 05. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed, including no promotional drink specials or reduced drink specials. 06. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 07. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including the sale of drinks. 08. Service of alcoholic beverages on the patio shall be restricted to waiter/waitress service and only to patrons seated in said patio area. 09. A sign shall be posted at eye level and at all the entrance and exit points of the patio, as indicated on the attached ABC-257 dated 3/23/01 and ABC-253 dated 3/23/01, which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT". Said sign shall measure no less than 7" x 11", and contain lettering no less than one inch in height. 10. Sales, service and consumption of alcoholic beverages on the patio area shall be limited to disposable plastic cups not exceeding 12 ounces in size. 11. During all hours of entertainment, all exterior doors and windows shall be kept closed except in cases of emergency, to allow patron ingress/egress and to permit deliveries. 12. There shall be no more than two (2) amusement machines or video game devices in the premises at any time. 13. There shall be no requirement to purchase a minimum number of drinks. This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the applicant-premises: Petitioner(s) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The petitioner(s) understand(s) that any violation of the foregoing condition(s) shall be grounds for the suspension or revocation of the license(s). DATED THIS 30 k DAY OF A Ir 1 Applicant/Petitioner F ^ } Applicant/Petitioner M / ' Y R260 F ,2001 . ABC-172 (2/00) DIAGRAM OF LICE.ED PREMISES • STATE OF CALIFORNIA - DEPARTMENTOF ALCOHOLIC BEVERAGE CONTROL I. FULL NAME ;Last First MiOCIe/TYPE OF LICENSE .1 S 1 - Cii:EQ' WiN 4. Nearest Cross Street2 PREMISES ADDRESS (Number 8 Street City. Zip) %2 b MPAN ST *20 t ',NVJ MN6Ta1J gL36A . C1t CQ_(04 W VALNV'C" The diagram below is a true and correct description of the entrances, exits, interior watts and exterior boundaries of the premises to be licensed, inclu i d' ensions DIAGRAM ... ....................... ............ :.:...... :::::::: ::::::: :: •:)SI:G:Po sr E:::::::: ........................................................................ ........................................................................ . . . . . . . .fY: d '.i"ra y`. F.,y•,.t '-t' fit -:e ;=:rc""-=1+!C7•;, `:{7' t9w:.... y)k. -e: i :'M1 • •'`"..-"_ . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ". STIfS. .. .. ...... .....SA(L . .. ..... . . . .... . . W A4rr ... . M i l o . . .. .. . .. . G . itJ. . 5'TREeT . .. . . . ... .. ... . . . .. ..... . ... . . . . ... . p . .. ... . . ........... ......................... . ............................. ... ....... ................................... oM s: ::::::. ........141,f`iEN .. ...... ..................................... . .. ...... U410Tat . . . .. . . . ...... .... . .............AREA ................. ...........•....... ............................... /.. .............. ............ ..... ............................. ........ ............. ....... ........................................................................ Please read carefully and sign below. It is hereby declared that the above -described boundaries , entrances and planned operation as indicated on the reverse side, will not be changed without first notifying and securing prior written approval of the Department of Alcoholic Beverage Control . I declare under penalty of perjury that the ore oin is true and correct. 5. APPLICANT SIGNATURE 6. DATE c_,_:_ o3f - Ifo 9 - . . • 6 INSPECTION DA CE C !i A01 ABC-257 (5191)EO OSP 99 21259 SUPPLEMENTAL WA RAM 2 PAJrIUENT OF KCOMOl1C A Z ee A 1. FLU. NAME Mst Fist AAMR)C r .• _ . TYPE OF LICENSE APPLIED FORe. C11 ! 41-Selz AIJO wins 2. PREIaSES ADDRESS&OCATUON OF EVENT` (Mv, & SOwt cry; Z V) 4 Mss- Cross Street 1'2-110vV\1A:ty SC 201 v '11 EpGN Zlo t4%.N113 The diagram below is a true and correct description of the property owned or otherwise controlled by me/us on which the licensed premises described on Form ABC-257 is located or on which an event for a daily type license , catering authorization-or miscellaneous use will occur. DIAGRAM .......... ........................ .. ............................................J *.......................... ... _ ......................... .............................................. ......................... ........................................................................ .............................................. ....................................................................... . iZb.!`n!oiw:`3T ............................. ......................... quiCo+a 1 bd2 QE';Pit t ............. .. .... .. ... ....... ........ . .3D Plow 't:s,q - .. .- .- - -. .. . . . .... .. ... ...... ::.... :::::::::::::::::.... :IZU:tMmust.:'k2oj:: :::.::.::::: ..................... ..................... ..................... .................... ... ......................... ................................................. ............................. ............................. ....................................................................... ......................... WPC.NT ......................................... .................... W........................ .................... .................... ..................... ..................... ................... ........... S. N ............. .................... .................... ..................... ..................... ..................... .................... ..................... ... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ........................ ......................... .......................................................................: POST A COPY OF DIAGRAM WITH DAILY LICENSE OR CATERING AUTHORIZATION WHERE THE EVENT IS HELD. Please read carefully and sign below. It is hereby declared that the above-described property is owned or otherwise controlled by me/us and it is agreed and understood that the only area therein in which alcoholic beverages will be sold. served, consumed, possessed or stored is that portion designated above and/or on Form ABC-257 as the Licensed premises. If this is an event for a daily license, catering authorization or miscellaneous use, it is understood that sales and consumption of alcoholic beverages will be confined to an area designated in the diagram and supervised to prevent violations of the Alcoholic Beverage Control Act. I declare under penalty of perjury that the foregoing is true and correct. 4. APPUCANT SIGNATURE 5. DATE 01 /,Z-3 to WSPECTS OA CERTiND - o aye yy6¢P (/// A8-253 (491)E-R OSP 99 242U' STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3810 ROSIN COURT, SUITE 150, SACRAMENTO, CA 95834 (916) 263-6858 GRAY DAVIS, Governor The enclosed license is issued conditionally, pursuant to the petition for a conditional license filed with the original application. A copy of that condition is also attached. The condition must be retained upon the premises at all times, and you should be prepared to produce it immediately upon the request of any peace officer. Sincerely, Judy Gabrielli Licensing Officer Enclosure ABC-233 (1/99) •BEFORE THE • DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA In the Matter of the Application of: File: 41-375332 CHALK ART DESIGNS INC. dba: Arriba Baja Cantina Reg: 126 Main St. #201 Huntington Beach, CA 92648 PETITION FOR _CONDITIONAL LICENSE For issuance of an On Sale Beer and Wine Eating Place License Under the Alcoholic Beverage Control Act WHEREAS , petitioner(s) has/have filed ' an application for the issuance of the above-referred-to license (s) for the above-mentioned premises; and, WHEREAS, pursuant to Section 23958 of the Business and Professions Code, the Department may deny an application for a license where issuance would result in or add to an undue concentration of licenses; and, WHEREAS, the proposed premises are located in Census Tract 0993 .02 where there presently exists an undue concentration of licenses as defined by Section 23958.4 of the Business and Professions Code; and, WHEREAS , the petitioner (s) stipulate(s) that by reason of .the aforementioned over concentration of licenses, grounds exist for denial of the applied-for license (s); and, WHEREAS , the local policing .agency has expressed an objection to the issuance of the applied-for license without the below-listed conditions; and, WHEREAS , the aforementioned objection is based on the police problems which exist within the vicinity of the applicant-premises; and, WHEREAS , the undersigned applicants(s) is/are desirous to allay the policing agency's concerns; and, WHEREAS , the issuance of an unrestricted license would be contrary to public welfare or morals; NOW THEREFORE , the undersigned petitioner(s) do/does hereby petition for a conditional license as follows, to-wit: 01. The use of any amplifying system or device is prohibited on the patio, and the use of any such system or device inside the premises shall not be audible beyond the exterior of the premises more than fifty (50) feet in any direction. 02. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business . Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 03. At all times when the premises are open for business, food from the regular menu must be available to patrons up to 1/2 hour before closing. ABC-172 (2/00)PAY 0 1 2001 ` . L• everage Control -.,., Ana 6 MICHAEL C. ADAMS ASSOCIATES May 21, 2001 Mrs. Connie Mandic Chairperson Huntington Beach Planning Commission City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Conditional Use Permit No.01-20 Arriba Baja Cantina Dear Mrs. Mandic: This letter is to address the staff report for our request for outdoor dining, alcohol sales and live entertainment at 126 Main Street, Suite 201. We appreciate the staff recommendation for approval and are prepared to comply with all the recommended conditions of approval, except as discussed below. We were not aware that our request would trigger the need for two additional parking spaces. Enlight of this, we would like to modify our request by reducing the outdoor dining area from 514 square feet to 400 square feet . We understand that section 4.2.33(d) of the Downtown Specific Plan allows up to 400 square feet of Outdoor dining without a requirement for additional parking. The parking requirement for our request would then be based on the 3,650 square feet of interior space resulting in a parking requirement of 24.3 spaces . This requirement when combined with the parking required for the retail space on the first floor (4,411 square feet ) of 17.6 spaces creates a total parking requirement of 41.9 spaces . The Downtown Parking Master Plan recognizes 43.5 spaces for the building ; as stated in the Entitlement Plan Amendment No. 00-04 staff report. This modified request will result in a minor surplus of available parking for the building . We are therefore requesting that Suggested Condition of Approval 4 (a) and 4 (b) be eliminated. We are also requesting clarification on Suggested Conditions of Approval 1 (a) and I (b). We do not understand the need to modify the tenant improvement floor plans to address these issues. We do intend to comply with the intent of the conditions , which is to allow the general public to have access to the outdoor patio area. In addition conditions 4 (h) and 4 (i) were addressed at the time of building construction and should be removed from this request. We would appreciate the Commissions consideration on these items and we will be prepared to discuss them at the Public Hearing. Cc: Scott Hess Paul DaVeiga P. O. Box 382, Huntington Beach, CA 92648-0382 (714) 376-3060 e-mail: AdamsAssoc@webtv.net 126 Main Ste. #201 CUP 01-20 - Outdoor Dining , Alcohol Sales , & Live Entertainment Presentation Outline GUS 955vet-1t+Jv N1is -f'l-!L' . Gil I. Location A. Southeast corner of Main Street & Walnut Avenue B. Currently developed with a 9,432 square foot 3-story commercial building First Floor (4,411 s.f.) - Retail Uses Second Floor (4,164 s.f.) - Approved for Restaurant Use under CU 95-84 Third Floor (857 s.f.) - Approved for t under EPA 00-04 C. Surrounding uses are mainly retail commercial uses with multi-family residential located in Pierside Pavilion 5sAFf the subject site. t,tGV,6G e,W6 C.II. Project Description - Request for a Conditional Use Permit to d ©V A. Establish Outdoor Dining in an existing 514 square foot second story deck Will seat approximately 39 persons B. Allow the sale of alcohol within the restaurant & proposed outdoor dining area C. Allow Live Entertainment including amplified & non amplified music consisting of a 1 to 3 piece band or disc jockey performing reggae, jazz, Latin, and contemporary music for restaurant patrons D. The proposed hours of operation for the restaurant are: o Monday - Wednesday 11:00 am to 12:00 am o Thursday 11:00 am to 1:00 am Friday & Saturday 11:00 am to 1:30 am w/ entertainment from a disc jockey from 9:00 pm to closing Sunday 11:00 am to 12 am w/ entertainment from a 3-piece band from 3 pm - 7 pm & DJ 7 pm - 10pm III. Project Analysis A. titlem t Pl n Am ndm t 00 -04 allowed artici ion in th' n-Lid Par ing ee pro am j r"GL(t(0 6F 1 2 GIJD ,,,1 - Esta lishe that cups cy of th se oor an outdoor 1eck w/ re aurant use quires two dditi hal p ng spac to be p id for by he ap lic t 2) suant to the Downtown Specific Plan, occupancy of the second floor deck' subject to public open space requirements./ The scant will be required to allow for general public access to the o/ A door dining area in compliance with the Downtown Specific Plan. F,GA 545 square feet of public open space is required on site, most of which is currently being provided for within the second story deck. 6' B. 1) Alcohol Conditions regarding the sale of alcohol have been incorporated in to the CUP to minimize impacts to adjacent properties Staff has recommended that alcohol shall only be served while the kitchen is in operation 4 And that servers of alcoholic bevera ges are re quired to attend trainin g offered by the State Alcoholic Beverage Control. 2) As part of the entertainment permit the Police Department has included conditions to prohibit drink minimums and is requiring a security guard to be present during live entertainment. Live Entertainment shall remain inside the building and shall not be audible beyond 50 feet in any direction. Dancing was not proposed by the applicant and the Police Department has included a condition prohibiting dancing. Recommendation Staff is recommending approval of CUP 01-20 and has determined that the proposed use of the property: Provides additional entertainment and open-air commercial activity to the Downtown It complied with the public open space and parking requirements. The 2nd floor outdoor dining use will not impact pedestrian or vehicular circulation And Noise concerns have been addressed by the proposed conditions in the CUP and Entertainment permit B. This concludes staff's presentation. I will answer any further questions from the Commission 05/09/2001 11:17 7149696843 ROCKIN SAKE s • A RR/BA/ BAJA CANTINA FAX COVER SHEET DATE : 05/09 /01 TO! CITY OF H .H. / PAUL DEVIGLIA FAX #: (714) 374-1540 FROM. CHRIS FREDRIKSEN FAX# (714) 969-6843 PH. (714) 960.6162 # OF PAGES: I Arrlba Baja Cantl a a 16 Math St. # ?,"I noun of Pr.poird En is T OF R M RS: MON. PIPED IN MUSIC a T.Y. SPORTS 1 1 AM 10 PM TUBS . PIPED IN MUSIC & T.V. SPORTS 1 1 AM - 1 1 PM WED. PIPED IN MUSIC & Y.V. SPORTS I I AM - I I PM THURS . PIPED IN MUSIC & T.V. SPORTS 1 1 AM - 1 AM FRIDAY PIPED IN music & T.V SPORT S 1 1 AM - 9 PM & D.J. MUSIC 9 PM - CLOSE SAT. PIPED IN MUSIC & T.V. SPORTS 10 AM -- 9 PM. LIVE BAND 9PM - CLOSE SUN. PIPED IN MUSIC & T.V. SPORTS 10 AM - 3 PM LIVE REGGAE BAND 3 PM - 7 PM D.J. MUSIC & PIPED IN MUSIC 7 PM - 10 PM IT I R FRIDAY 7!00 PM - CLOSE SATURDAY 7:00 PM -- CLOSE SUNDAY 2:00 PM -- CLOSE PACE 01 State of California • DepaOnt of Alcoholic Beverage Control DECLARATION OF SERVIC BY MAIL ABC 207F (6/99) INSTRUCTIONS TO THE APPLICANT(S): This Declaration of Service by Mail must be completed and returned within 15 days of the posting of the premises to: Department of Alcoholic Beverage Control 28 Civic Center Plaza, Room 369 Santa Ana , CA 92701 Section 23985 .5 of the Business and Professions Code requires that you mail notification of the application to every resident within a 500 -foot radius of the applied-for premises. This Declaration may serve as proof of compliance . (The 500 -foot radius is to be calculated by straight line measurement from the closest exterior wall of your premises to the residential structures). The name(s) of the applicant(s) is/are: CHALK ART DESIGNS INC Premises Address: 126 MAIN ST 201 HUNTINGTON BEACH, CA 92648 DECLARATION OF SERVICE BY MAIL I, cuczis RE i1cs,.s do hereby declare that on 04 IOL,(01 ,I served by mail upon each resident of real property within a 500-foot radius of the above-designated premises, by depositing in the United States Mail, with postage fully prepaid, a sealed envelope containing a true copy of the Notice of Intention to Engage in the Sale of Alcoholic Beverages (ABC-207E), a copy of which is attached hereto, giving the name(s) of the applicant(s), the type(s) of license(s) applied for, the address of the premises where the business is to be conducted, addressed to the resident/occupant for each of the following addresses: (If more space is needed, use reverse or attach a separate sheet). ADDRESS: oS 1i1 l .SitF C'rc .LE CITY '6UN1iN "rte cl .Ck ZIPCODE176 I declare under the penalty of perjury that the foregoing is true and correct. Executed at 10OO c^^ , California, this (0 day of A! (Signature) State of California •BY MAILDECLARATION OF SERVIC ABC 207F (6/99) Depart of Alco- oI`ic Beverage Control y / - PO/1V INSTRUCTIONS TO THE APPLICANT(S): This Declaration of Service by Mail must be completed and returned within 15 days of the posting of the premises to: I Department of Alcoholic Beverage Control 28 Civic Center Plaza , Room 369 CA 92701Santa Ana , Section 23985 .5 of the Business and Professions Code requires that you mail notification of the application to every resident within a 500-foot radius of the applied-for premises. This Declaration may serve as proof of compliance. (The 500-foot radius is to be calculated by straight line measurement from the closest exterior wall of your premises to the residential structures). The name(s) of the applicant (s) is/are: CHALK ART DESIGNS INC Premises Address: 126 MAIN ST 201 HUNTINGTON BEACH, CA 92648 DECLARATION OF SERVICE BY MAIL I, C .t iS FREh t1_5f=_,J , do hereby declare that on 04 (Oto(OI ,I served by mail upon each resident of real property within a 500-foot radius of the above-designated premises, by depositing in the United States Mail, with postage fully prepaid, a sealed envelope containing a true copy of the Notice of Intention to Engage in the Sale of Alcoholic Beverages (ABC-207E), a copy of which is attached hereto, giving the name(s) of the applicant(s), the type(s) of license(s) applied for, the address of the premises where the business is to be conducted, addressed to the resident/occupant for each of the following addresses: (If more space is needed, use reverse or attach a separate sheet). ADDRESS: SOS ? E2t%V1F C'rc-t-E- CITY \AUNrN '-a--)c3c11,-c4 ZIP CODE "k-Z (0 I declare under the penalty of perjury that the foregoing is true and correct. Executed at IC):OO V" , California, this Cow day of /ac1;I (Signature) 024 150 06 Ci gton Beach PO Box 190 Huntington Beach , CA 92648 -- CASH RECEIPT 0 • BUILDING - SAFETY / PLANNING HUNTINGTOr$IEACH RECEIVED FROM ADDRESS FOR RECD BY ClTy OF hUNTINGTON I3EACh Address All Correspondence To P.O BOX 190 HUNTINGTON BEACH CALIFORNIA 92648 OR CALL (7141 536-5241 h.jlt)' DATE 3O t) l * S - r( 0. 2-Z CASH CHECK [] CREDITElCARD $ ^cD DESCRIPTION LINE AMOUNT BUILDING PERMIT BUILDING PLAN REVIEW 2 CERTIFICATE OF OCCUPANCY 3 DOWNTOWN SPECIFIC PLAN (DTSP)4 ELECTRICAL PERMIT/PLAN REVIEW 5 LIBRARY DEVELOPMENT ,6 MECHANICAL PERMIT/PLAN REVIEW 7 MICROFILM COPY OF PLANS 8 MICROFILM COPY OF RECORDS 9 PARK & RECREATION 10 PERMIT ISSUANCE/STAFF RESEARCH 11 PLANNING PLAN REVIEW 12 PLUMBING PERMIT/PLAN REVI9N 13 SWIMMING POOL PERMIT 14 TRAFFIC IMPACT 15 ZONING APPLICATIONS 160=1D041 OTHER 17 ch #3143 TOTAL $3089/48 3 $2840.00 DevSvc Fri Mar 30 , 2001 11:34 AM £297927 1 No. CD 3-16409 CUSTOMER COPY . HUNTINGTON BEACH FIRE DEPARTMENT DEVELOPMENT PLAN REVIEW DESCRIPTION:Arriba Baja- To allow live entertainment and alcohol GRID #451 ADDRESS:126 Main St. #201 PLAN CHECK #CUP 01-20 DATE:4/24/01 PLANNER:Paul Da Viega EXT #:5394 The items listed below indicate Huntington Beach Fire Department (HBFD) development condition of approval requirements. Compliance is required prior to building permit issuance and all applicable items must meet Huntington Beach Municipal Code (HBMC), Huntington Beach Fire Code (HBFC), and/or Uniform Building Code (UBC) standards. 1. An Automatic fire sprinkler and fire alarm system shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. 2. Food preparation fire protection systems shall be submitted as separate plans for permits to Building for routing to Fire. 3. Address numbers shall be installed to comply with City Specification 428. 4. Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions are 6'8" wide by 4'3" deep with a 42-inch wide (min) right or left side opening. Center opening doors require a 54-inch depth. 5. Exit signs and exit path markings shall be provided in compliance with the HBFC and the California Administrative Code, Title 24. Plans should also show how patrons will exit using the flow routes rovided. 6. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification #424. Fire Department City Specifications may be obtained by mail or in person at the Fire Department Administrative Office, Huntington Beach City Hall (fifth floor), 2000 Main Street, Huntington Beach. If you have any questions , please contact the Fire Prevention Division at (714) 536-5411 SIGNED DATE 01/08/98 /Document2 7 COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Terri Elliott, Public Works Tim Greaves, Fire Khanh Nguyen , Building Jim Lamb, Economic Development Jim Lawrence , Building Jim Engle, Community Services David Biggs, Redevelopment Paul D 'Alessandro, City Attorney Ron Hagan , Community Services Det. Erik Krause, Police Department Janet Perez, Crime Prevention Mike Dolder, Fire Chief FROM: Paul Da Veiga Ext: 5394 DATE: April 2, 2001 ZA: PC: X DRB:- PETITION(S): Conditional Use Permit 01-20 (Arriba Baja - Live Entertainment & Alcohol) REQUEST(S): Approval of a Conditional Use permit to allow live entertainment and the serving of alcohol at a proposed restaurant location within the Downtown Specific Plan. LOCATION: 126 Main St. #201 (Northeast corner of Main and Walnut) ZONE: Sp-5-3-CZ GENERAL PLAN: CV EXISTING USE: Commercial Please submit your concerns and recommended changes or conditions in writing on or before, April 23, 2001 COMMENTS: Set ffa.c. RESPONSE BY:Extension /S 3 $ Attachments: 1. Narrati lans k%MrrSFSOI\COMMDEV\DaVeiga\CUP's\CUP 01-20-transmittal.doc 0 0 CITY OF HUNTINGTON BEACH r9 HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION From: Joe Stagner Ext.: 1538 4/2/01 To: Paul Da Veiga Project Location: 126 Main, #201 Building Safety comments for: PETITION: Conditional Use Permit No. File# 01-20 The following are comments to the file (petition) identified above. This list is not a plan check correction list. General information is provided to help facilitate the development by giving you up front information on building code issues, City policies, and other codes or laws as they apply to your project. Please review the comments below before you submit for plan check. If you incorporated the information below then submit for plan check of structural and code requirements. You may obtain all required forms and information for plan check review and permit applications on the 3rd floor of City Hall. Please include the following issues in the design of your project. ®Type of construction of all buildings need to be stated. This project will require one-hour construction minimum. ®Occupancy classification of all areas needs to be stated. ®Provide Building Code Analysis on the plans (Title Sheet) to show compliance with Uniform Building Code ©, 1997 edition for: ®Occupancy requirements (Chapter 3). ®Allowable Area (Chapter 5). Exiting (Chapter 10).: 2 exits required from the seating area located at corner of main and walnut. Two stairs to grade will be required. Revise project to show a second stair to grade with required exit separation of 27.5'. ®Other: "Band Stand" must be removed from floor plan. Engineer to verify original floor live load used was 100 psf minimum for all dining areas. Structural calculations shall be prepared to comply with the with Uniform Building Code ©, 1997 edition. ®This facility needs to provide bathrooms for each sex when classified an assembly use or retail use. Proposed does not meet Uniform Plumbing Code-97 for required number of facilities. UPC chapter 4, table 4-1 requires two water closet fixtures and one urinal for male bathroom (3 total fixtures) and female bath room needs 3 water closet fixtures to be equal to the required number of male fixtures. Modify plans to meet the plumbing code. Major Concerns: ®Need to meet with the designer to review project so that we can be assured that the project is buildable or will not necessitate major changes after the project is submitted to plan check. C:\My Documents\PCHECK\Dev Review Requests 2001\DRR CUP 01-20 126 Main-201 Arriba Baja.doc Conditional Use Permit No. 01-20 Accessibility Standards: All areas of newly designed or newly constructed buildings and facilities shall be made accessible to persons with disabilities as required. T24 sec. 1101 B.1 4.1.1(1) Your design must include all seating areas for the disabled and all required locations to be shown on the seating plan. C:1My Documents\PCHECK\Dev Review Requests 2001\DRR CUP 01-20 126 Main-201 Arriba Baja.doc Conditional Use Permit No. 01-20 4o COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Terri Elliott , Public Works Tim Greaves, Fire Khanh Nguyen , Building Jim Lamb, Economic Development 9roj Jim Lawrence, Building Jim Engle, Community Services David Biggs , Redevelopment Paul D 'Alessandro , City Attorney Ron Hagan, Community Services Det. Erik Krause, Police Department Janet Perez, Crime Prevention Mike Dolder, Fire Chief FROM: Paul Da Veiga Ext: 5394 DATE: April 2, 2001 ZA: PC: X DRB:- PETITION(S): Conditional Use Permit 01-20 (Arriba Baja - Live Entertainment & Alcohol) REQUEST(S): Approval of a Conditional Use permit to allow live entertainment and the serving of alcohol at a proposed restaurant location within the Downtown Specific Plan. LOCATION: 126 Main St. #201 (Northeast corner of Main and Walnut) ZONE: Sp-5-3-CZ GENERAL PLAN: CV EXISTING USE: Commercial Please submit your concerns and recommended changes or conditions in writing on or before, April 23, 2001 COMMENTS: RESPONSE BY: Extension Attachments: 1. Narrative/P s \\HBITSFSO1\COMMDEV\DaVeiga\CUP's\CUP 01-20-transmittal.doc * 0 PROPOSED ENTERTAINMENT CONDITIONS CONCEPTUALLY APPROVED PURSUANT TO FILING A CONDITIONAL USE PERMIT This document DOES NOT allow entertainment at the listed establishment. Listed are the proposed conditions for your entertainment permit pursuant to the approval of a conditional use permit allowing entertainment at your establishment. ISSUED TO: ARRIBA RAJA CANTINA 126 Main #201 Huntington Beach , CA 92648 EFFECTIVE DATE : UPON APPROVAL OF CONDITIONAL USE PERMIT CONDITIONS: 1. Hours of Entertainment: Sunday - Wednesday 11:00 AM to 12:00 AM Thursday - Saturday 11:00 AM to 1:30 AM 2. Types of Entertainment: Entertainment, amplified, and non-amplified, not otherwise prohibited or regulated by City Ordinance or City Permit Process, or any conditions set forth by the A.B.C., is approved. 3. Patron dancing is not allowed. 4. Patio entertainment will be limited to ambient music only (no live entertainment) and will not be audible beyond the control of the business. 5. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 6. Entertainment will not be audible beyond 50 feet of the building in any direction. (HBMC 8.40.112, ABC License) 7. All doors and windows shall be closed during times of entertainment. All entertainment must remain inside the establishment at all times. 8. Security Guards: At least (1) when entertainment is present. The guards must be clearly identifiable as security guards. 9. This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises. 10. This permit must be posted in a conspicuous place on the premises described above. 11. Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your A.B.C. License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. 12. Per section 5.28.030 HBMC, No person conducting, maintaining or carrying on a business, or having charge or control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. 1 ou have'the rightto-appeal.the`conditions on thispermit-to the City Council in;the,manner provided by Section - 248.20Aof.the Huntington Beach Zoning` rtd Subdtvtston Ordmince except thatjthe written appeal must be°filed'with the`'City'Clerk swithin five (5) days'ofservice of this w;itfen-notice. ONALD E. LOWENB RG Chief of Police COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Terri Elliott , Public Works Tim Greaves, Fire Khanh Nguyen , Building Jim Lamb, Economic Development Jim Lawrence, Building Jim Engle, Community Services David Biggs, Redevelopment Paul D'Alessandro, City Attorney Ron Hagan , Community Services Det. Erik Krause , Police Department Janet Perez, Crime Prevention Mike Dolder, Fire Chief FROM: Paul Da Veiga Ext: 5394 DATE: April 2, 2001 ZA: PC: X DRB: PETITION(S): Conditional Use Permit 01-20 (Arriba Baja - Live Entertainment & Alcohol) REQUEST(S): Approval of a Conditional Use permit to allow live entertainment and the serving of alcohol at a proposed restaurant location within the Downtown Specific Plan. LOCATION: 126 Main St. #201 (Northeast corner of Main and Walnut) ZONE: Sp-5-3-CZ GENERAL PLAN: CV EXISTING USE: Commercial Please submit your concerns and recommended changes or conditions in writing on or before, April 23, 2001 COMMENTS: 3. gc s.s oo2.ssvaa1 /t,fc RESPONSE BY: %40AL- _.= Extension Attachments: 1. Narrative/Plans \\HBITSFSO1\COMMDEV\DaVeiga\CUP's\CUP 0I-20-transmittal.doc COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Terri Elliott, Public Works Tim Greaves, Fire Khanh Nguyen, Building Jim Lamb, Economic Development Jim Lawrence , Building Jim Engle, Community Services David Biggs, Redevelopment Paul D'Alessandro, City Attorney Ron Hagan, Community Services Det. Erik Krause, Police Department Janet Perez, Crime Prevention Mike Dolder, Fire Chief FROM : Paul Da Veiga Ext: 5394 DATE: April 2, 2001 ZA: PC: X DRB: PETITION (S): Conditional Use Permit 01-20 (Arriba Baja - Live Entertainment & Alcohol) REQUEST(S): Approval of a Conditional Use permit to allow live entertainment and the serving of alcohol at a proposed restaurant location within the Downtown Specific Plan. LOCATION: 126 Main St . #201 (Northeast corner of Main and Walnut) ZONE: Sp-5-3-CZ GENERAL PLAN: CV EXISTING USE: Commercial Please submit your concerns and recommended changes or conditions in writing on or before , April 23, 2001 COMMENTS: //P 1 ilr0 vrs, RESPONSE BY:XZ7 Extensions/ Attachments: 1. Narrative/Plans .a \\HBITSFSOI\COMMDEV\DaVeiga\CUP's \CUP 01-20-transmittal.doc 0 0 COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Terri Elliott, Public Works Khanh Nguyen , Building Jim Lawrence, Building David Biggs, Redevelopment Ron Hagan , Community Services Janet Perez, Crime Prevention Tim Greaves, Fire Jim Lamb, Economic Development Jim Engle, Community Services Paul D'Alessandro, City Attorney Det. Erik Krause , Police Department Mike Dolder, Fire Chief FROM: Paul Da Veiga Ext: 5394 DATE: April 2, 2001 ZA: PC: X DRB: PETITION(S): Conditional Use Permit 01-20 (Arriba Baja - Live Entertainment & Alcohol) REQUEST(S): Approval of a Conditional Use permit to allow live entertainment and the serving of alcohol at a proposed restaurant location within the Downtown Specific Plan. LOCATION: 126 Main St. #201 (Northeast corner of Main and Walnut) ZONE: Sp-5-3-CZ GENERAL PLAN: CV EXISTING USE: Commercial C't _c I 112 APR-6 2001 Please submit your concerns and recommended changes or conditions in writing on or before, April 23, 2001 COMMENTS: RESPONSE BY: -e, Attachments: 1. Narrative/Plans Extension S 53o \UMITSFSO1 \COMMDEV\DaVeiga\CUP's\CUP 01-20-transmittal.doc CITY OF HUNTINGTON BEACH 2,000 MAIN STREET CALIFORNIA 92648 P. O. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 e RONALD E. LOWENBERG Chief of Police March 29, 2001 ARRIBA BAJA CANTINA ATTN: Chris Fredrickson 505 Pierside Cir. Huntington Beach, CA 92648 Mr. Fredrickson, This letter is to advise you a "Conceptually Approved Entertainment Permit" has been completed by the Police Department and forwarded to the Planning Department. This is a necessary process to the completion of the Conditional Use Permit, but does not yet entitle your business to provide entertainment. An approved Entertainment Permit will be issued upon completion of the Conditional Use Permit process. Please find enclosed a copy of the Conceptually Approved Entertainment Permit; return this copy to the Planning Department when you apply for the Conditional Use Permit. If you have any questions, feel free to contact Det . Krause at (714) 536-5994. Sincerely, RONALD E. LOWENBERG Chief of Police qq- M.RE DS Sergeant, Vice Unit February 28, 2001 Planning Department City of Huntington Beach Huntington Beach, CA 92648 Apr% nft A3V%:XA CrkWrTANa, Subject: Reelen-ice Restaurant To whom it may concern: I am the property owner of the new Zeidan Commercial Building located at 126 Main Street. I hereby authorize Chris Fredricksen to process applications to city in order to obtain permits for the proposed " ," felt- A lease has been executed and will be affective upon the city's issuance of the necessary permits. If you have any questions or request any further information, please contact me at the Standard Market or Mike Adams (714) 374-5678. Thank You,k Mohammed Zeidan Owner 0 s ENTERTAINMENT PERMITS RRCF'VSO ,MA,29 2001 ESTABLISHMENT ADDRESS RENEWAL CUP Out of Bounds 21022 Brookhurst January Grandfathered Sam's Seafood 16278 PCH January Grandfathered Waterfront Hilton 21100 PCH January 97-46 New Orleans Cafe 18552 Beach January 99-58 Center Pub 16651 Gothard F&G January 00-56 Tap House 8082 Adams February 94-3 Romanos' Macaroni Grill 7901 Edinger March 99-76 The Long Board 217 Main March 96-78 Huntington Harbor Bay Club 4121 Warner March Grandfathered Chimayo's 315 PCH April 00-1 Perq's 117 Main April Grandfathered Restaurant Kikuya 8052 Adams April 94-9 Centerfield Sports Bar 17296 Beach May 91-53 Don Jose's 9093 Adams June Grandfathered Fitzgerald's Sport Pub 19171 Magnolia June 96-77 TC's 18528 Beach June Grandfathered Gallagher's Grill & Pub 300 PCH #113 July 96-63 Ts Firehouse 19047 Bushard July 93-26 Seacliff Country Club 6501 Palm July Grandfathered Streetlight Expresso Cafe 201 Main #D July 92-28 Arbor's Steak & Seafood 6060 Warner August 94-21 J Dee's Landing 16400 PCH #103 August 97-19 Rathskeller,7561 Center #48 August Grandfathered Tumbleweed's Saloon 21094 Beach August Grandfathered Duke's Surf City 317 PCH September 97-28 Liquid Den 5061 Warner September 99-10 Moulin Rouge 10142 Adams September 98-39 Old World 7561 Center #49 September Grandfathered Old World Oktoberfest 7561 Center #49 September 94-12 One Eyed Parrot 7862 Warner #B September 98-54 Gecko's 7887 Center September 93-18 Sunset Mediterranean Grill 221 Main #A October 99-32 Benny's Place 7402 Edinger November 99-38 Chicago Grill 16450 PCH November 00-10 Lotus Lounge 17208 PCH November Grandfathered Hurricane's Bar & Grill 200 Main #201 November 92-24 Majestic Dancing 18582 Beach# 7 November Grandfathered Meadowlark Golf Course 16782 Graham November 93-5 / 93-8 Mr. K's Karaoke 300 PCH #112 November 97-23 Rhino Room 7979 Center November 92-26 Doson Beach 8901 Warner November 94-19 Avila's El Ranchito 318 main December 90-32 HB Beer Co.201 Main #F December 99-2 Rev.12-00 Huntington Beach Department of Community Development STAFF REPORT TO: Planning Commission11 FROM: Howard Zelefskv. Planning: Dire BY: Susan Pierce. Associate Planner, DATE. April 9, 1996 ''// SUBJECT: CONDITIONAL USE PERMIT NO. 95-84.WITII SPECIAL PERMITS/ COASTAL DEVELOPMENT PERMIT NO. 95-25/NEGATIVE DECLARATION NO 95-11 (STANDARD MARKE'T') LOCATION: 126 Main St. (Southeast corner of Main Street and Walnut Avenue) STATEMENT OF ISSUE: Conditional Use Permit No. 95-84 and Coastal Development Permit No, 95-25 represent a request to demolish a historic structure built in 1928 and construct a 9,475 square foot two-story commercial building with special permits for waivers from code required alley dedication, rear yard setback, and build-to line on Main Street and on Walnut Avenue. The applicant also requests participation in the in-lieu parking fee program. The proposed Mediterranean designed building will consist of approximately 4,584 square foot restaurant area and 4,890 square foot retail commercial area Parking will be provided pursuant to the Downtown Parking Master Plan and payment of in-lieu parking fees. Staff recommends approval of the project with modifications that delete and/or modify the special permit requests based upon the following • The project layout with modifications will create a better development, be consistent with the intent of the Downtown Specific Plan. The proposed project with modifications will reduce the canyon effect along Main Street, provide additional view, light, and air corridors, and improve the pedestrian scale of the building • Outdoor opportunities to encourage pedestrian activity will be provided. • Parking will be provided via the Parking Master Plan and payment of in-lieu parking fees at full cost recovery. The proposed building uses will be compatible with the Visitor Serving Commercial land use designation of the General Plan and surrounding land uses RECOMMENDATION: Motion to A "Approve Negative Declaration No 95-11 with findings and mitigation measures," and 11 "Approve Conditional Use Permit No 95-84 with one (1) Special Permit and Coastal Development Permit No 95-25 with modifications, findings, and suggested conditions of approval " CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 5, 1996 Mohammed and Adel Zeidan 301 17th Street Huntington Beach, CA 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, May 20, 1996 approved the Negative Declaration No. 95-11 with Mitigation Measures, and overturned the Planning Commission's action by approving as amended Conditional Use Permit No. 95-84 with one (1) Special Permit and Coastal Development Permit No. 95-25 with modifications, findings, and suggested conditions of approval. This is a final decision You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from June 5, 1995 to apply to the courts for judicial review. If you have any questions regarding this matter , please contact our office - 536-5227. Sincerely, L;acG i' Connie Brockway, CMC City Clerk -,. CB:cc Enclosure cc: City Attorney Community Development Director Susan Pierce, Community Development City Administrator gifollowup\90dayhr MI 1 (Telephone: 714-536-5227) p1094.5 SI'ECIAi. PItOC•.NGS Part 3 1 Hoto 378 u.nud.•rl fur n.•w In it ite rims.. 1'rt•x(o.l I. I'tdifornin I 'nrutplu>mrut ham..\pprnls It,l. t1971t) 1217 ('ill R1' r. 6-111, iii t'..1.:h1 29. 'rrtel vourt's Judgi i nl tl. avug writ of ntnndnto to cutupct direr for u( ugri,•ultnro In art oxide hi•4 drri•,iun rr nkiutt pvtitinn. er'e tivellse as rain-raft 1,11u1 in I ishtrsx ..f prat rttntrot WA X reversed and tome re tnnntlcd to trial court whit .iirectionx tt) remand n ine to director for purpose of rtwonxtderhtg the petut]ty pre%ioualy list. posed, where it wits found bent some of the chnrges ngninxt petiti6lier were not supported by evidence . Wingfield v. Director of Attr(cultttre (1972) 103 Col. ltptr. 019,'20 C.A.311200. Proceediug fat review of droinl 1.y com- missioner of rnrporntton'i of permit to rGnnro toting rightn of shnrebottlrrn would he rentnndrd to superior court for detertnhuttion whether theta stns suhetan- ttel evideuce to support t..nuniasionet'r fiudings , where court Improperly deter. tnine,l e.unu i. cinlu•r hnd ifu jut shi.Iinn and dill not .hicrndnr nu•ritit. Western Air Lbws Inc. . Soblrski (11)131) 12 Cnlltptr. 710, 1111 V.A. 4 301. hurt that letter dixcharging senior typ- lxt eh•rk in offic e of tuunl ttrrk xh.tcd (hat kil l- tt in guilty of nnstunduet in to. tno ing puht(r recurd,+ trims thn files and urnlihrtint; flint serrettng them on varlourr (latex. wherenm lu hcnring before county rhil ser i(r cnntmisslon r itlrnte wns in- trn.luced only not to whnt took place on Alto of the elutes, flit) tint require fire die- trtrt court of nlfprnl on ni.prnl from jul . -tncnt uwurdin {; senior t.ipb.t clerk writ of mandnte. nftci reversing the Judaracut of Mtime superior rnurt , to rentnnd the matter to the toutnrisiJon for re. ousideration, whcrn tln•re nos a sitttilarit ) of fuels stir. rounding reutmal of file ilixi nnentu on till of the dntrs . I'rslt v. bin .ttm eles Coon- ty Chii St•nivn (bnttnisriou (1852) 238 1' :'d 3.1O,Y C.A2d 114. 1094 .6. Judicial review; decisions of local agertcies; petition; filing; time; record ; decision and Marty defined; or- dinnne ct or resolution (a) Judicial review of any decision of a local agency. other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thvrcof, may be had pursuant to Section 1094.x) of this code only if i the petition for writ, of mandate pursuant to such section is filed 'within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final . If there is no provision for reconsideration of the decision in any applicable provi- sion of any statute , charter, or rule, for the purposes of this section, the decist,,`I.1 is final on the date it is made. If there is such provision... for reconsideration , the decision is final for the purposes of this sec- tion upon the expiration of the period during which such reconsidera- tion can be sought ; provided, that it reconsideration is sought pursu- ant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The romple tt' r(%-ord of the ))ro('eedinjS shall lx' prepared by Inc local a gency or its volitinia•.ion, board , officer, or agent which made the decision and shall be tirlivercd to the petitioner within Pt) bays lifter he has filed a written request therefor . The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record . Such record shall include the tran- Script of the proceedings, all pleadings , all notices and orders, any proposed decision by a hearing officer, the final declgIon, all admitted 674 1 r ,•t Title 1 • WRIT OF MANDATE 1094.6 exhibits, all rejected exhibits in the possession of the local agency or Its commission , board, officer, or agent , all written evidence , and any other papers In the case. (d) If the petitioner files a request for the record as specified in .stltltlivisittn (e) within 10 days after the date the decision becomes fi- nal as provided In subdivision (b), the time within which a petition pursuant to Section 10:)4.5 may be filed shall he extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec- ord, If he has one. (e) As used In this-section , decision means adjudicatory admin- istrative decision made, after hearing, suspending , demoting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license , or- denying an application for any retire- ment benefit or allowance. (f) In making a final decision as defined in subdivision (e), the local agency shall provide* notice to the party that the time within which judicial review must be sought is governed by this section. As used In this subdivision , "party" means an officer or em- ployee who has been suspended , demoted or dismissed ; a person whose permit or license has been revoked or whose application for a permit or license has been denied ; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall be*applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable. If such ordinance or resolution is adopted, the provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter. .(Added by Stats .1976, c. 276, p. 681, § 1.) Forms See \t; cat's Califoruln Code 1:'ormv, Civil Procedure. Library References Adntiuivtrntive Law and 1'roee.lure C T.S. Public Adminlatratlve Bo flee and C-722. l'rocnlurc J 193. Notes of Decisions In general I Ihatt public cntploylnent reinlinnx boned Exhaustion of administrative remedies 2 hod ext-lu,•h•b jurisdiction to determine whither the unfair practice eburgex wore Ji'itifit •tl: nud, In view of texcherx ' failure to P (must their ndntiniatrative remedies 1. In general under list- Itnddn At•I, trial cmlrt erred in S.houl bourd'x 'ltnitalernl frerzint ; of granting writ of mnndutu to compel xnpor- It•;whers' xtthtri es aftt•r l et;iunlug of uew htteudt•nt of dixtriet and othern to ruixr xt•hnr,l year, while .nntnoe l uccotimimis xalarlex of certniu tt•nvherv. Atnntlor vut- wcre l.rtt4iug . nrrttuhly wax an tutfuir ley 5.•t1-.tnhtry Ititluentars Axa'u %. Nowlin pructkt- to vlulutluu of the ituddu Art xo (10701 151 Ca1 .Ilptr . 724, b8 (.A.ZM 251. 675 W • r FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 95-841 SPECIAL2ERMITS / COASTAL DEVELOPMENT PERMIT NO. 95-25 (Standard Market - 126 Main Street) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95- 84: 1. The establishment, maintenance and operation of an aproximately 9,475 sq.ft. two story, retail/restaurant building, as modified by conditions of approval, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because: a. The project layout will be consistent with the.intent of the Downtown Specific Plan (DTSP). b. Outdoor opportunities will be provided to encourage pedestrian activity. c., Parking will be provided by the Downtown Parking Master Plan and payment of in-lieu parking fees. d. The project is consistent with the Visitor Serving Commercial land use designation of the General . Plan. 2. Conditional Use Permit No. 95-84 for an approximately 9,475 sq.ft. two story, retail/restaurant building, as modified by conditions of approval, will be compatible with surrounding uses because : a. Views will not be blocked and light and air corridors will be provided. b. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. The proposed retail/restaurant building, as modified by conditions of approval, will comply with the provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for the proposed use in the district in which it would be located, except for the special permit approved herein. g.\piacc\"302 CCaction\CUP95-84 r 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which . are varied in type and price. d. Preserve and enhance visual resources within the coastal zone FINDING FOR APPROVAL - SPECIAL PERMIT: 1. The requested special permit to allow a zero rear yard setback (in lieu of a minimum three feet) adjacent to the alley promotes a better urban environment and is consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The required four and one-half foot alley dedication increases the alley width to 24 feet. This alley does not accommodate through traffic and will provide adequate access for fire and police safety, deliveries, and trash collection; therefore, no additional setback is necessary. FINDINGS FOR DENIAL - SPECIAL PERMITS: 1. The following requested special permits do not promote a better urban environment: a. Waiver of 4.5 foot alley dedication, w b. Two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of five feet setback ("build-to" line), and c. Half of the building on Walnut Avenue at a zero setback and half of the building on Walnut Avenue at a three foot setback in lieu of five foot setback ("build=W" line). There are no significantly greater benefits, such as greater open space and greater setbacks, from the project to be provided than would occur if all the minimum requirements were met. The special permits reduce opportunities for outdoor dining and pedestrian oriented activity and result in overbuilding of the site. The proposed building does not provide an upper story setback and, therefore, special permits create an increase in building bulk. They are inconsistent with the goals and objectives of the DTSP 2. The requested special permits do not provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The proposed building B.rpieratecM02 cGctica=P93.84 r design does not provide area for signage or outdoor activities. The special permits create a building length that is not compatible with new construction in District 3. 3. The requested special permits are not consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The proposed project blocks view, air, and light corridors and does not provide setbacks compatible with new construction in District 3. FI NDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO . 95-25: 1. The development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development as modified by conditions of approval will conform to all applicable city codes, including height, setbacks, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to (the City's current) standards and specifications. 4 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. g:\pierce'cc\0302 CCaction\CUP95-84 0 SUGGESTED CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 95-84/ COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: w a. A 4.5 square-foot alley dedication shall be provided. b. A minimum five (5) foot front setback shall be provided from the new property line to the building along Main Street and along Walnut Avenue. c. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. d. The second floor deck along Main Street shall be a minimum seven (7) feet wide and shall be located behind the minimum five foot setback requirement. e. Reduce the width of the columns to minimize their interference with the building. f. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community Development Department to include area(s) to accommodate signage. g. 2 Prior, to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. The Design Review Board and the Community Development Department shall review and approve the following: The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue frontages to the property line except in areas designed for landscaping. (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2) Historical plaque language and placement. (3) Planned Sign Program. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not W• g:\pic=\cc 0302 CCacsion\CUP95-94 designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampleg and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. h. Maximum separation between building wall and property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection and b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach . Fire Department and UBC standards. Shop drawings will be submitted to an approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six (6) foot, eight (8) inches wide by four (4) foot, three (3) inches deep with minimum 42 inch opening. (FD) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) " 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included: (FD) 0 g:\piercc cc 0302 CCaction\CUP95-84 w • n. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the' front property line (Main Street). 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off-site structures . (Mitigation Measure) k. Participation in the in-lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in-lieu fees. A copy of the legal instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) 1. Participation in the in-lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. m. If the property owner elects to pay the in-lieu parking fee in installments, a lien in favor of the City shall be recorded OTT the property and first year payment shall be submitted to the Department of Community Development. 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. (FD) b. The applicant shall complete comprehensive documentation of the project as it currently exists. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. T he costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) OD OC d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) 64h (u,G(N[.4 l2y ' - 2;vp B1`Lc; t -G Z00,11 JP The applicant shallxrovide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, dully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) g:\pierce\cc\0302 CGdion \CUP95-94 e. Any asbestos contained on-site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure)* 4.. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Archite'bt and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and ,a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and Community Development Department. (PW) - c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of the required off-site requirements.) (PW) d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302, including installation of a 2/4 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer sha4install new six (6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building in accordance with applicable U.P.C., City Ordinances, Public Works Standards" and Water Division Design Criteria. These plans shall be approved, prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department. (PW) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four (4) inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) .., i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) . g:lpierce\cc\0302 CCaction\CUP95-84 0 j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both baekflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, and the City Landscape Architect prior to installation. (PW) (Mitigation Measure) 1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development. n. An interim parking and/or building materials storage plan shall be submitted to the department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to he first sign request. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first. stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed:' . a. The applicant shaMtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the' approved plans and conditions of approval specified herein. g:\piercekcb302 CCaction\CUP93-84 r c. Compliance with all conditions of approval specified herein shall be accomplished. d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7.. Prior to the sale of any alcoholic beverages, a conditional use permit shall be approved by the Zoning Administrator. 8. Prior to commencement of live entertainment or. outdoor dining, a new conditional use permit shall be required. INFORMATION ON SPECIFIC CODE RE UIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. The development shall comply with all applicable-provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. V 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 9 5-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 7. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or sueh•extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. • CERTIFICATE OF OCCUPANCY 02010 J CITY OF HUNTINGTON BEACH - G HUNTINGTON BEACH DEPT. OF PLANNING & BUILDING APPLICATION 714/536 -5241 SS - SS -1 Business License # 7 0 Z Business Address 7,6 Business Owners Name k Business Name '2 n Business Type Pro e Owner Information (required) Name Zc. ; ck 0 Address 174 0, - 2d City 0 tate/Zip C Ce Telephone NO.' Of 6 0 ZZ- (3`d Floor - Must Apply In-Person) Date 201 Zip Code - 6 P Telephone No. E.z.-3oS• jw Bus. Phone 7/v- Ca-goon Tenant/Emer enc Contact (required) Name % Home Address C:LL City 0 State/Zip C c Z6 '{ Telephone No. 56Z - 0 S- 00 THIS USE WOULD BE DESCRIBED AS: Newly Constructed Building or K Existing Building CHECK ALL THAT APPLY: Change of Property Owner Change of Occupant Change of Use Additional Occupant Indicate former type of business Are you requesting that the electricity be turned on? YesEl Nox Is the building sprinklered ? Yes1 No Will operations produce dust/wood shavings or similar material? Yes[] . Nox Will operations involve the repair or replacement of automobile parts YesQ Not If yes: Describe the components repaired or replaced. Does the operation involve the use of welding or open flame? YesX NoEl Will the business be a drinking, dining or assembly use with an occupant load of more than 50 persons? Yes No The following best describes my operation: Office Only Retail Sales Medical/Dental Warehouse /Manufacturing/Distribution k Restaurant/Take Out Food (describe process and end product) Other (describe) For O icial Use OnI Occ Group: Area: Occ Load: Occ Group: Area: Occ Load : Occ Group: Area: Occ Load: Total Sq Ft Occupied: No. of Stories: TIF Review: Y/ Bldg. Permit # Entitlement #: Zoning: S .. Plnr Initials: 0(7c Date: J.21' (.YPlan Chkr Initials: Date: Insp Initials: Date: Conditions of Approval or Other Notes: R '1) PAS of- W101 orv Dr AlA1'w0 c.r t ci a z - to LaPTt 1W Ir r T ' ME r - p 1 l ' 237 t1Tlc t.f2 .+0 Inspection Date: Department of Planning & Building 2000 Main Street Huntington Beach, CA 92648 Phone (714) 536-5241 Fax (714) 374-1647 126 126 Main St 201,',ZEIDAN ADBL°M,k APN 024154-01 • . Num Job Addres 126 Main St Zoning SP5-CZ File Number Coto? M2006-007258 No E2006-009346 No 02007-001577 Yes P2007-001922 No 02009-001078 Yes 02009-001079 Yes B2009-001198 Yes F2009-001566 No E2009-001606 No C2009-001637 No 02009-003323 Yes B2009-003658 Yes "'PLANS SENT TO SCANNING TL 2/10"' Internal Notes . - • • CofO Number Issued By CofO Date Issued Utility Release Date C62009-03658 Ortega, Robin 01/1112010 License Number A262414 Temp. CdfO Issued1 Temp COFO Expiration„ Business Name SILVERA'S ROCKBAR AND GRILL Business Type Retail Business Phone (714) 960-93008` Proposed Use Former Use Conditions TOTAL OCCUPANT LOAD 196 Change of Owner? Change of Use?- Change of Occupant? 'AdditionalOccupant? Etec. Available? U Want Electricity On? Sprinkiered? Dust /Wood? Auto PartsDesc., Group Description Area Construction Ty`peOccupancy Load A-2 DINING 720 A-2 DINING 720 A-2 DINING - streett E Unit. Bid 201 APN' 024.164.01 NOTES Permit Type 'COMBO' not avvileble for Commercial projects. Lot[26' Tract A0352 Entered,By' Ortega, Robin Default Inspector Ford, Bill PermitType Building Origin'Counter 'Budding Use-Cify Description TRACKING PURPOSES 1Budding Use - County ` A-2 DINING 299 C-MISC 99 4 Issue Permit'( Date Occupancy Application 11/25/2009' issued By Permit2, `q Commercial Milo Planner, New Building? PIari Checker '•''-SILVERACOFO W APPLIC OCCUPANT LOAD RE EVALUATION S STEAK HOUSE PERMIT FOR Choose'PnntA/I CofO Type Permanent Sheets to issue' Single.C CofO Status- Issued Type V - B TypeV - B TypeVB Date Panted 01/11/2010 Click the << button to copy the Business License informaion into the Certificate of Occupncy. Business Licenses I Business Name A209912 BILLABONG Al89086 SURF CITY CANDY A205164 MAIN STREET OPTICAL & BOUTIC A210810 PSYCHIC BOUTIQUE 3,967 00 of Stones 2 Dnnking 1 Dining >$0 Occupants' Welding! Open FianiO? Autorpobiley Repairs?- 65-DINING AREA A 65-DINING AREA A, 18-BAR AREA'S (SEATING) 20-BAR AREA B (STANDING) 11 Date Entered 07/07/2009 , = Status Finaled " Approved Occupied Area (Sq Ft) Fees and Payments Inspections Group DefiniticAssembly Use Building or structure,"or a portion thereof, used for the gathering of persons, intended for food and/or drink consumption a 4 '" PLEASE COMPLETE THIS IP MATION RECOPDING'REOUESTED BY: C -; i- J cnr.C AND WHEN RECORDED MAIL TO: CrtA fvh (26 n,", S rIJo !t un'r J*}crc =cCi= 17-w Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder II1I111111111111111111111111111111111111111111111111115.00 2010000293629 2:33 pm 06/22/10 90 413 A12 4 0.00 0 .00 0.00 0.00 9.00 0.00 0.00 0.00 THIS SPA FO RECORDER'S US ON TITLE OF DOCUMENT:] I II rv. e/n-v 14 w Gcnc/1 I Tlo r+.o_ Arpr 'c)vc.l a{ THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 60 059 -TITLE PAGE (87195) AGREEMENT WITH CONDITIONS OF APPROVAL OF ENTITLEMENT ENTITLEMENT NUMBER (S): w rC4yAt-ujE C( VD.Di -Z APPROVAL DATE: M A4 )a ft PROJECT SITE ADDRESS: ASSESSOR'S PARCEL NO(S): LEGAL DESCRIPTION OF PROJECT SITE: PROJECT APPLICANT: i lU MAINa T SuiTE ii aoi Huntin ton Beach CA o-14 - I5Lj --01 Exhibit "B" Notice is hereby given that the above named entitlement was approved by the City of Huntington Beach, subject to certain conditions of approval, as specified in the Notice Of Action dated a The FACILITY OPERATOR being first duly sworn (or affirmed), deposes and declares: "I am the facility operator for the above named entitlement . I have received a copy of the Notice of Action dated &V 2 0 0 from the City of Huntington Beach and am aware of and agree to all conditions of approval described in said Notice of Action. I acknowledge that these conditions of approval run with the land and constitute expressed limitations and restrictions on the use of the property, and that these conditions of approval are binding on all persons who own or occupy the property. " FACILITY OPERATOR: Tevi / Ow name) (title if applicable) / (signature) (date) FACILITY OPERATOR: / (name) (title if applicable) (signature) (date) Notes: Signature of Owner(s) must be acknowledged before a notary public. Legal Description of Project Site/Property must be attached as Exhibit "B" SE ATTACHED CERTIFICATE GG:\FORMSIPLANNINGIacceptance of conditions - operator.doc CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT Signer #1 name: STATE OF CALIFORNIA } (tit A e, Notary Public, Thumb ri Si ner #1 COUNTY OF vt Q On cane V1201 0 before me, personally appeared V iV' 3 V\ o who proved to me on the basis of satisfactory evidence to be the personk) whose namet+s) is/ace subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her•4keir authorized capacity(iss), and that by his/hea th it signatureCs.) on the instrument the person(S$ or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DIANE SMITH Commission S 1865064 < -: Notary Public - California z z Orange County M Comm. Expires Oct 13, 2013 Signature of Notary CAPACITY LAIMED BY SIGNER(S) I IVIDUAL(S) C RPORATE 0 FICER(S) P RTNERS A ORNEY IN FACT T USTEE(S) G ARDIAN/CONSERVATOR O HER SIGNER IS EPRESENTING: (Name of P son(s) or Entity(ies)) Signer #2 ame: Thum print signer #2 ATTENTION NOTARY The information requested below is OPTIONAL. It could, however, prevent fraudulent removal and reattachment of this certificate to any unauthorized document. THIS CERTIFICATE Title of Type of Document MUST BE ATTACHED ONLY TO THE Number of pages DOCUMENT Date of Document mount 2 2- ZOt t7 DESCRIBED AT Signer(s) other than named above RIGHT CAPACITY LAIMED BY SIGNER(S) IN IVIDUAL(S) C RPORATE 0 FICER(S) P TNERS A ORNEY IN FACT T USTEE(S) G ARDIAN/CONSERVATOR O HER SIGNER I REPRESENTING: (Name of erson(s) or Entity(ies)) Wolcotts Forms, our resellers and agents make no representations or warranty, express or implied, as to the fitness of this form for any specific use or purpose. If you have any question, it is always best to consult a qualified attorney before using this or any legal document. © 2007 Wolcotts Forms, Inc.,,migi,iunipll, #63237 REv.11-07 Ex hibit B 126 MAIN STREET HUNTINGTON BEACH, CA 92648 SEC MAIN STREET AND WALNUT AVENUE HUNTINGTON BEACH, CALIFORNIA 92648 ASSESORS PARCEL NUMBER: 24-154-01 LOTS 26, & 28 BLOCK 103 MAP OF HUNTINGTON BEACH,CA Department of Buiidinq and Safety 2000 Main Street Huntington Beach, CA 92648 Phone: (714) 536-5241 Fax: (714) 126 Main St 126 CofO Number 374-1647 201 ZEI DAN ADEL M Num Street Job Address 126 Main St Zoning SP5-CZ File Number CofO? M2001-026602 No P1998-021842 No P2000-025374 No P2000-025963 No P2001-027550 No 02001-010164 Yes 02001-009529 Yes B2005-001049 No E2005-001050 No 62005-001422 No 62006-003274 No 02006-003309 Yes Unit Bid 201 Entered By Ortega, Robin Default Inspector Stewart, Vic Permit Type Certificate of Occupancy Origin Building Use - City Building Use - County Description Internal Notes Issued By CofO Date Issued APN 024-154-01 C02006-003309 Tavakoli, Jasmine 04/24/2007 Utility Release Date License Number Change of Owner? Change of Use? Change of Occupant? Additional Occupant? Group Description Area B KITCHEN 1600 B KITCHEN 1600 B OUTDOOR DINING 400 A-3 DINING 1125 A262414 Temp. COFO Expiration Business Name SILVERA'S STEAK HOUSE & LOUNGE Business Type Retail Business Phone (714) 960-9300 Proposed Use RESTAURANT Former Use Conditions RESTAURANT 3,310.00 # of Stories Maximum occupant load is 141, Dining-65, Bar seating-40, patio-28 (per CUP 2001-0020), Kitchen-8. CUP 2001-0020*_' Scanned CofO 003 1 - oewc'- Counter Occupancy Application Application Binder APN 024-154-01 Lot 26 Tract A0352 Date Date Entered 05/04/2006 Status Expired Issue Permit? SILVERA'S STEAK HOUSE & LOUNGE Choose Print All CofO Type Permanent Sheets to Issue Single C/O CofO Status Issued Temp. CofO Issued lI Elec. Available? Want Electricity On? Sprinklered? Dust I Wood? Auto Parts Desc. Construction Type Occupancy Load 8 8 28 65 Fees and Payments Inspections Issued By Tavakoli, Jasmine Planner Talleh, Rami New Building? Plan Checker Ahuna, Steve RD Block 4014 103 04/24/2007 Date Printed 04/24/2007 Click the << button to copy the Business License information into the Certificate of Occupancy. Business Licenses Business Name A219244 PSYCHIC BOUTIQUE A218112 ARRIBA BAJA CANTINA A256370 PANCHO VILLAS CANTINA A262414 SILVERA'S STEAK HOUSE & LOUN Approved Occupied Area (Sq Ft) 2 Drinking I Dining > 50 Occupants? Welding / Open Flame? Automobile Repairs? Groua Definiti A building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of (.b, At?n D1J : SRS r 1 c'r r Tits Z . Esc' i2-MT =W5-'V STa1 `fti Eb vF- eIF 5'G-. • T -,n' Pty "%C- oroks ' ttr l Ol 2 ' ,5 } StG`p Q-Co Gcos. Beckman, Ha den From: David Silveria [dsilveria@socal.rr.com] Sent : Sunday, February 22, 2009 11:49 AM To: Beckman, Hayden Subject: Silveras Steakhouse Follow Up Flag: Follow up Flag Status: Blue Dear Hayden, Hi, just wanted to touch base with you about changing our hours at Silvera's Steakhouse. Please give me a call and let me know what we need to do. Hope your weekend was good. Thank you, David Silveria 714-615-8946 1 I z Cr Iia• I . C F p J. . alt-, 1:2 4.t3. . - 63- • J l s iF'T'.1 = -- -1- 4- cLoi AJ -r -- pt-. G G Pmt f - Ftzoo -LC taco ccs - h r-! J - THe =7' ' &O/ -- 1-3 Pe-& 4-T r- -I l 4'tAfl mil,b TE uD r-1,Do c{t ` - k=fir z i *+ J LGcJtr Mtj t? •S(o 7ZI lGllOG sib '=k= 7. t.1 . lNlfr l r- T1a r4l lb y -p6- :k:,7Z 177 - T3 Cis iC..s CO) - jolwiOL 4-464 ,c,a -6 gr- --T I 3 . 14. ,18 17 , '-16 15 ->... Aj -`» r i4' 8i;'•7ti 1 `6, 5; :4 a J Z 1 :' TRACT NO. 13722 H.U. 636,-38" TO 4 INC. THIS- MAP' WAS PREPARED -FOR ORANGE COUNTY ASSESSOR DEPT. PURPOSES ONLY, THE ASSESSOR MAKES NO GUARANTEE. AS TO • ITS ACCURACYNOR ASSUMES ANY LIABILITY FOR OTHER USES. NOT TO.&E,REPRObUCED ALL RIGHTS RESERVED ' - I ` © COPYRIGHT ORANGE "COUNTY ASSESSOR 1994 I NOTE - -A SSE'SSORS BLOCK & . - PARCEL NUMBERS • M/L SHOWN IN CIRCLES '.SSESSORS MAP BOOK 24 PAGE 15 COUNTY OF ORANGE F