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HomeMy WebLinkAboutInitial Plan; Zoning Review IPZR2005013 - Staff Report of Executive SummaryCity of Huntington Beach Planning Department STAFF REPORT HUNTINGTON BEACH TO: FROM: BY: DATE: Planning Commission Howard Zelefsky, Director of Planning Amy Wolfe, Associate Planner June 27, 2000 SUBJECT: CONDITIONAL USE PERMIT NO. 99-77 (Ocean Room at Peter's Landing) APPLICANT: Michael Cho, 3991 MacArthur Boulevard, Ste 350, Newport Beach, CA 92660 PROPERTY/ OWNER: Taki Sun Inc., 16400 Pacific Coast Highway, Huntington Beach, CA 92649 LOCATION: 16360 Pacific Coast Highway (Peter's Landing - east side of Pacific Coast Highway south of Anderson Street) - STATEMENT OF ISSUE: • Conditional Use Permit No. 99-77 request: - Establish a banquet/restaurant facility with live entertainment, dancing and alcoholic beverage sales within an existing 12, 746 sq. ft., two story building (former Tibbies Music Hall and Rubens Restaurant) at Peter's Landing. - No modifications to the existing site or building's exterior are proposed. • Staff's Recommendation: Approve Conditional Use Permit No. 99-77 based upon the following: - The proposed banquet facility will contribute towards achieving a more diverse range of commercial uses within Huntington Beach and will provide banquet facilities to visitors and the City's residents within a major visitor-serving development project, in accordance with General Plan goals objectives and policies. - The establishment, as conditioned, will be provided with adequate physical and safety measures to prevent negative impacts on adjacent properties. The building will be modified to adequately protect adjacent residential uses from excessive or incompatible noise impacts. Limitations will be imposed to ensure hours of operation and potential operational functions associated with the proposed use will not adversely affect adjacent residences and businesses. RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 99-77 with findings and suggested conditions of approval (Attachment No. 1)." ALTERNATIVE ACTION S : The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 99-77 with findings for denial." B. "Continue Conditional Use Permit No. 99-77 and direct staff accordingly." PROJECT PROPOSAL: Conditional Use Permit No. 99-77 represents a request for the following: To establish a banquet/restaurant facility with live entertainment, dancing and alcoholic beverage sales within an existing 12, 746 sq. ft., two story building pursuant to Section 211.04, CO, CG, and CV Districts: Land Use Controls, Commercial Uses, Eating and Drinking Establishments with Live Entertainment/Dancing and Food and Beverage Sales/ Alcoholic Beverage Sales, of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). The banquet/restaurant is proposed to operate on those days and evenings that a wedding or other private event such as political fundraiser, charitable event, re-union or local community club event is scheduled. Live entertainment consists of musicians, singers, DJ and live entertainment typical of weddings, banquets and private events. Approximately 750 sq. ft. of the building area will be used for dancing. The proposed hours of operation are Sunday-Thursday 11:00 a.m.-11 p.m., Friday and Saturday 11:00 a.m.-1:00a.m. and New Years Eve 11:00 a.m.-2:00a.m The applicant has indicated that the banquet facility is desirable at this location because it will provide a service that is needed in Huntington Beach. Background: The Marina and Commercial complex known as Peter's Landing was developed under Coastal Permit No. P-76-8742, approved by the South Coast Regional Commission on October 18, 1976. On June 19, 1979, a building permit for the construction of Tibbies Music Hall & Rueben's Restaurant was approved. The required parking for the subject restaurant was approved as follows: 100 parking spaces for dining, based on seating capacity, and 8 parking spaces for dancing. Tibbies Music Hall & Ruben's Restaurant opened in or around 1980 and operated until 1992. The building has been vacant since 1992. Staff Report - 6/27/00 2 (00sr42) ISSUES: Sub'ect Pro er And Surroundin Land Use Zonin And General Plan Desi nations: LOCATION GENERAL PLAN ZONING LAND USE Subject Property:CV-F2-d (Commercial CV-CZ (Visitor Commercial Center Visitor - 0.5 FAR-Commercial - Coastal Design Overlay)Zone No rth of Subject RH-30 (Residential High RH-CZ (High Density Multi-family Property Density - 30 du/ac)Residential - Coastal residential (north of Anderson Zone) East of Subject OS-W (Water OS-WR-CZ (Open Space-Huntington Harbour Property:Recreation)Water Sub-district - Coastal Zone South of Subject RM- 15 (Residential RM-CZ (Medium Density Multi-family Property:Medium Density - 15 Residential)residential du/ac West of Subject Outside City Limit-Outside City limit- Sunset Commercial Property (west of Sunset Beach Beach PCH): General Plan Con ormance: The General Plan Land Use Map designation on the subject property is Commercial Visitor (CV-F2-d). The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: Land Use Element LU 10: Achieve the development of a range of commercial uses. LU 10. 6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character and operational hazards. LU 10.1.8: Require that entertainment, drinking establishments , and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. LU 10.1.18: Encourage the incorporation of meeting rooms, conference and banquet facilities , and other uses available to visitors and the City's residents in major visitor-se rving development projects. The proposed banquet facility will provide a service to Huntington Beach and surrounding area residents and visitors that is encouraged by the General Plan. City noise standards will be met and adequate physical and safety me asures will be implemented to prevent negative impacts on adjacent prope rties to comply with General Plan land use objectives and policies. Staff Report - 6/27/00 3 (00sr42) Zonin Com liance: This project is located in the CV-CZ (Visitor Commercial - Coastal Zone) and complies with the requirements of that zone, including parking. A total of 135 parking spaces of the 798 parking spaces on site are required for the project. Twenty-one surplus parking spaces will be available on the property (see Analysis section). Environmental Status: The proposed project is categorically exempt pursuant to Class 15301 , Existing Facilities , Section (a) of the California Environmental Quality Act which states that operation or minor alteration of existing private structures, involving negligible or no expansion of use beyond that previously existing , will not have a signific ant effect on the environment and is exempt from the provisions of CEQA. The Environmental Board was notified of the public hearing. As of June 22 , 2000 no response has been received. Coastal Status : Not applicable. The proposed project is within an appealable portion of the Coastal Zone. It is exempt pursuant to Section 245.08, Exemptions, of the Zoning and Subdivision Ordinance because the project does not involve an increase of floor area, height, or intensity of use. Redevelo ment Status : Not applicable. Desi n Review Board : Not applicable. Subdivision Committee : Not applicable. Other De artments Concerns: The Departments of Public Works, Fire, Police and Building and Safety have recommended conditions that are incorporated into the conditions of approval. Public Noti ication: Legal notice was published in the Huntington Beach/Fountain Valley Independent on June 15, 2000, and notices were sent to property owners of record within a 300 ft. radius of the subject property, individuals/organizations requesting notification (Planning Department's Notification Matrix), tenants at the commercial center, applicant, and interested parties. As of June 22, 2000, one letter of opposition has been submitted by an adjacent resident indicating concerns regarding potential noise and land use incompatibility with adjacent residential uses (Attachment No. 7). Staff Report - 6/27/00 4 (00sr42) Communi Meetin : The applicant held a community meeting on June 22, 2000 at the Peter's Landing center to present and receive input on the subject proposal from interested parties. Approximately 15 people attended the meeting. The attendees raised issues of potential parking problems, noise and compatibility. The applicant outlined the measures taken to address the concerns. The aforementioned issued have been addressed under the analysis section of this report. A lication Processin Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE S : Conditional Use Permit: May 8, 2000 August 8, 2000 ANALYSIS: The primary issues to be considered when analyzing this request are noise, parking and compatibility with adjacent residential uses. Noise The applicant submitted a noise study that evaluated the activities associated with the proposed banquet facility (see Attachment No. 4). Extensive measurements were conducted to identify the sound transmission characteristics of the existing building. Using this information an analysis was performed to estimate the noise levels that will be experienced by adjacent residential and commercial uses. The results indicate that the maximum noise levels experienced at the residences will be 51 dB(A) from transmission through the windows, and 33 dB(A) from transmission through the skylight. The average noise level at the residences will be approximately 18 dB less than these values, i.e. 33 dB(A) through the windows and 15 dB(A) through the skylight. The following chart compares the anticipated noise levels and the corresponding maximum noise levels. Exterior Noise Standard HBMC Chapter 8.40 Daytime Nighttime Anticipated Noise 7:00 a.m. to 10:00 in.10:00 in. to 7:00 a.m.Levels 30 min. in an hour 50 dB A 45 dB(A)33 dB A An ime 70 dB(A)65 dB A 51 dB A Based on City noise standards, it was determined that noise levels that will propagate from the facility will comply with the noise ordinance, however, the following mitigation measures were recommended by the acoustical consultant to minimize the audibility of potential noise to adjacent residents and have been included as conditions of approval: All exterior doors shall be kept closed during an event. A qualified window installer shall inspect the windows and skylight to verify that they are well sealed at the perimeter. Staff Report - 6/27/00 5 (00sr42) The windows on the north side of the building shall be sealed. Minimum wall construction should consist of: a) 2X4 studs, b) Two layers of 5/8" drywall on both sides of the studs. The layers shall be overlapped to eliminate continuous seams in the field. The layers shall be tightly butted and sealed against the existing wall construction, and c) one layer of R-11 insulation snugly fitted between the studs. The emergency door on the north building facade shall be either replaced with an assembly that provides a sound transmission class (STC) rating of 45 or a "sound trap" shall be constructed at the existing door. The amplified sound system shall be designed and installed by an audio specialist. Any microphones shall feed into this system. The system shall be designed to provide equal sound distribution throughout the banquet facility using multiple speakers in the ceiling. Speakers shall not be mounted on the exterior walls or near the exterior windows or skylight. Large banks of speakers shall be prohibited. The amplified sound system shall be designed so that the DJ's control panel feeds into amplifiers and equalizers that are controlled only by the owner of the banquet facility. (The amplifiers and equalizers should be locked so that the DJ cannot alter the settings on these equipment items.) A qualified acoustical consultant shall be retained to identify the amplifier and equalizer settings that are necessary in order to minimize the audibility of the noise at the adjacent residences after the sound system is installed. In order to ensure that the above noise mitigation measures are implemented, staff has included a condition of approval that requires submittal of written verification by the acoustical consultant confirming compliance with the noise mitigation measures prior to issuance of a certificate of occupancy. Parkin There are currently 798 parking spaces available for the Peter's Landing Shopping Center. Previous approvals for the Peter's Landing development included an allocation of 180 parking spaces for marina use (240 slips) and 462 for the remaining shopping center uses. The proposed banquet facility with alcohol sales, entertainment and dancing will require 135 parking spaces. The required parking is based on a ratio of one (1) parking space per 100 sq. ft. of restaurant area and one (1) parking space per 50 sq. ft. of dancing area (750 sq. ft.). The analysis indicates a surplus of 21 parking spaces will be available on site. The following table is provided to indicate compliance with the required parking: Sho in Center Ocean Room Marina Total Re uired Parkin 462 arking s aces 135 arking s aces 180 arking s aces 777 arking s aces Available Parkin 798 arking s aces Based upon the parking analysis, adequate code required parking is provided and no impact to parking is anticipated. Staff Report - 6/27/00 6 (00sr42) Compatibility The banquet facility is proposed to occupy a freestanding building within the Peter's Landing center. The building was previously used as a restaurant and music hall (aka Tibbies Music Hall & Ruebens Restaurant). The building is located approximately 10 ft. from property zoned for multi-family residential uses to the north. Two primary land use issues are compatibility/noise (see above) and safety impacts to adjacent uses. The Police Department has reviewed the proposed use and has issued an entertainment permit for the project, subject to approval of the conditional use permit. Numerous conditions have been imposed on the entertainment permit to minimize potential impacts to adjacent residential and commercial uses (please refer to Attachment No. 5). Furthermore, the Police Department has recommended conditions of approval to the Department of Alcoholic Beverage Control (ABC) relating to alcohol sales at the facility (please refer to Attachment No. 6). The applicant has agreed with the recommended Police Department conditions. The following is a table comparing the proposed hours of operation and the staff recommended changes: Day(s )Applicant 's Proposed Hours of Operation Applicant 's Proposed Entertainment Hours/ Sale of Alcohol Staff's Recommended Entertainment Hours/ Sale of Alcohol Sunday - Thursda 11:00 a.m. - 11:00 m.11:00 a.m. - 11:00 m.1:00 m. - 11:00 m. Frida & Saturday 11:00 a.m. - 1:00 a.m.11:00 a.m. - 1:00 a.m.1:00 m. - 12:00 m. New Years Eve 11:00 a.m. - 2:00 a.m.11:00 a.m. - 2:00 a.m.1:00 m. - 1:30 a.m. Security guards (minimum of 1 per 100 patrons) are recommended to be required on site when entertainment is present. Also recommended is No "happy hour" or reduced price alcoholic beverage promotions. Sales and service of alcoholic beverages are recommended to coincide with entertainment hours. The entertainment permit and recommended ABC conditions have been included as conditions of approval. In addition to the above-mentioned conditions, staff is recommending the following to control and minimize potential nuisance and safety issues (loitering, formation of lines outside the facility, noise from trash disposal etc.). These conditions will ensure land use compatibility with the residential and commercial uses in the immediate area: The applicant shall post and maintain signs inside and outside the facility prohibiting loitering in the parking lot, prohibiting alcohol from leaving the restaurant, horn blowing, and loud radios. Post signs notifying patrons that any car whose car alarm activates in the parking lot will be towed away. The applicant shall be prohibited from having queuing lines form outside the banquet facility. During business hours the operator shall provide the neighbors, Police Department and Code Enforcement section with a phone number by which the manager or similar personnel on-site can be contacted in the event of an emergency or nuisance for an immediate response. Staff Report - 6/27/00 7 (00sr42) If complaints are received by the Police Department or Code Enforcement the applicant shall be responsible for submitting an additional noise study to confirm that noise levels projected by the preliminary noise study. The report shall include additional mitigation measures to reduce noise to residential properties. Should the need for Police Department service increase beyond a level of acceptance to the Police Department and Planning Department, the applicant shall be responsible for providing additional security guards to monitor indoor and outdoor activities as a result of the banquet, alcohol and entertainment use. Trash shall not be emptied outside between the hours of 10:00 p.m. to 9:00 a.m. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. If at that time there is a violation of any conditions or code sections, Conditional Use Permit No. 99-77 will be set for a revocation hearing before the Planning Commission. SUMMARY: Staff believes that the proposed use, as conditioned will be compatible with adjoining residential and commercial uses. Staff recommends approval of the request based on the following: The proposed banquet facility will contribute towards achieving a more diverse range of commercial uses within Huntington Beach and will provide banquet facilities to visitors and the City's residents within a major visitor-serving development project, in accordance with General Plan goals objectives and policies. The establishment, as conditioned, will be provided with adequate physical and safety measures to prevent negative impacts on adjacent properties. The building will be modified to adequately protect adjacent residential uses from excessive or incompatible noise impacts. Limitations will be imposed to ensure hours of operation and potential operational functions associated with the proposed use will not adversely affect adjacent residences and businesses. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval 2. Site Plan dated June 12, 2000, and Floor Plans dated January 24, 2000 3. Narrative dated June 19, 2000 4. Noise Study dated March 22, 2000 5. Police Department Entertainment Permit Conditions, dated June 14, 2000 6. Police Department letter to ABC, dated February 11, 2000 7. Letters in Opposition SH:HF:AW:kjl Staff Report - 6/27/00 8 (00sr42) ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 99-77 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CE A: The Planning Commission finds that the project will not have any signific ant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 15301, Existing Facilities , Section (a) of the California Environmental Quality Act which states that operation or minor alteration of existing private structures, involving negligible or no expansion of use beyond that previously existing , will not have a signific ant effect on the environment. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.: 1. Conditional Use Permit No. 99-77 for the establishment, maintenance and operation. Of a banquet facility with live entertainment, dancing and alcoholic beverage sales within an existing 12, 746 sq. ft. two story building (former Tibbies Music Hall and Ruben's Restaurant) at Peter's Landing 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. Based upon the conditions imposed noise impacts will be fully mitigated by building modifications and business operational functions. Land use impacts will be controlled by limiting entertainment and sales/service of alcohol hours. 2. The conditional use permit will be compatible with surrounding uses because the banquet building will be modified to ensure that noise ordinance standards will be met. Adequate physical and safety measures such as maintaining all rear doors and windows closed during entertainment hours and provision of security guards, will be implemented to prevent negative impacts on adjacent properties. 3. The proposed banquet facility will comply with the provisions of the base district and other 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, including parking and noise standards. Twenty-one surplus parking spaces will be available on site. 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 Commercial Visitor (CV-F2-d). on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 10: Achieve the development of a range of commercial uses. LU 10. 6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise , light, vehicular traffic, visual character and operational hazards. (00SR42) -6/27/00 Attachment No. 1.1 LU 10.1.8: Require that entertainment, drinking establishments , and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. LU 10.1.18: Encourage the incorporation of meeting rooms, conference and banquet facilities, and other uses available to visitors and the City's residents in major visitor-serving development projects. The proposed banquet facility will provide a service to Huntington Beach and surrounding area residents and visitors that is encouraged by General Plan Goals objectives and policies. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.: 1. The site plan dated June 12, 2000, and floor plans dated January 24, 2000 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) 3.Prior to issuance of building permits, the following shall be completed: a.The automatic fire sprinkler and fire alarm system shall be certified by an agency licensed by the State. Shop drawings for tenant improvement areas shall be submitted and approved by the Fire Department prior to installation. (FD) 4.Prior to issuance of a Certificate of Occupancy: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. The existing water service serving the site may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. The meter shall be replaced with a touch-read meter. If a new service is required, it shall be installed per Water Division Standards and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). The service lateral shall be a minimum of two-inches in size. (PW) c. A separate fire service with an appropriate backflow protection device shall be provided for the building. (PW) d. Separate backflow protection shall be installed, per the City of Huntington Beach Water Division Standards for domestic and irrigation service. (PW) (00SR42) -6/27/00 Attachment No. 1.2 e. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424. (FD) f. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) g.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. (FD) h. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. i. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. J.All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. k. The windows on the north side of the building should be sealed. Minimum wall construction shall consist of. a) 2X4 studs, b) Two layers of 5/8" drywall on both sides of the studs. The layers shall be overlapped to eliminate continuous seams in the field. The layers shall be tightly butted and sealed against the existing wall construction, and c) one layer of R-11 insulation snugly fitted between the studs . (Noise Mitigation) 1. The emergency door on the north building facade shall be either replaced with an assembly that provides a sound transmission class (STC) rating of 45 or a "sound trap" should be constructed at the existing door .) (Noise Mitigation) in. The amplified sound system shall be designed and installed by an audio specialist. Any microphones should feed into this system. The system shall be designed to provide equal sound distribution throughout the banquet facility using multiple speakers in the ceiling. Speakers shall not be mounted on the exterior walls or near the exterior windows or skylight. Large banks of speakers shall not be used . (Noise Mitigation) n. The amplified sound system shall be designed so that the DJ's control panel feeds into amplifiers and equalizers that are controlled only by the owner of the banquet facility. (The amplifiers and equalizers shall be locked so that the DJ can not alter the settings on these equipment items) (Noise Mitigation) o. A qualified acoustical consultant shall be retained to identify the amplifier and equalizer settings that are necessary in order to minimize the audibility of the noise at the adjacent residences after the sound system is installed. (Noise Mitigation) (00SR42) -6/27/00 Attachment No. 1.3 p. q. A qualified window installer shall inspect the windows and skylight to verify that they are well sealed at the perimeter. (Noise Mitigation) A written verification prepared by a qualified acoustical consultant confirming project compliance with the noise mitigation measures shall be submitted to the Planning Department. 5.The use shall comply with the fol lowing: a. Hours of operation shall be limited as follows: Day(s)Hours of operation Entertainment & Service /Sale of Alcohol Hours Sunda - Thursda 11:00 a.m. - 11:00 m.1:00 m. - 11:00 m. Friday & Saturda 11:00 a.m. - 1:00 a.m.1:00 m. - 12:00 m. New Years Eve 11:00 a.m. - 2:00 a.m.1:00 m. - 1:30 a.m. b. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. c. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. (PD) d. 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. (PD) e. The business operator shall not share any profits, or pay any percentages 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 minimum drink orders, or the sale of drinks. (PD) f. 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. (PD) g.The rear door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door(s) shall not consist solely of a screen or ventilated security door. (PD) h. All rear doors and windows shall be kept closed during hours of entertainment. All entertainment shall remain inside the establishment at all times. (PD) i. Entertainment shall not be audible beyond 50 ft. of the building in any direction. (PD) (00SR42) -6/27/00 Attachment No. 1.4 J•Security Guards at a ratio of 1 per 100 patrons (minimum) shall be provided when entertainment is present. The guards shall be clearly identifiable as such. (PD) k. Should the need for Police Department service increase beyond a level of acceptance to the Police Department and Planning Department, the applicant shall be responsible for providing additional security guards to monitor indoor and outdoor activities as a result of the banquet, alcohol and entertainment use. 1. The entertainment permit shall be posted in a conspicuous location on the premises. (PD) m. No pool or billiard tables shall be maintained on the premises. (PD) n. Trash shall not be emptied outside between the hours of 10:00p.m. to 9:00a.m. o. The applicant shall post and maintain signs inside and outside the facility prohibiting loitering in the parking lot, prohibiting alcohol from leaving the restaurant, horn blowing, and loud radios. Post signs in restaurant notifying patrons that any car whose car alarm activates in the parking lot will be towed away. P. q. The applicant shall be prohibited from having queuing lines form outside the banquet facility. During business hours the operator shall provide the neighbors , Police Department and Code Enforcement section with a phone number by which the manager or similar personnel on-site can be contacted in the event of an emergency or nuisance for an immediate response. r. If complaints are received by the Police Department or Code Enforcement the applicant shall be responsible for submitting an additional noise study to confirm that noise levels projected by the preliminary noise study. The report shall include additional mitigation measures to reduce noise to residential properties. s. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. t. All conditions of the Entertainment Permit as approved by the Police Department. 6. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. If at that time there is a violation of any conditions or code sections, Conditional Use Permit No. 99-77 will be set for a revocation hearing by the Planning Commission. 7. Calls for Police Service deemed excessive as described in 5.44.050 of the Huntington Beach Municipal Code, as well as any violations of the A.B.C. License or Conditional Use Permit can result in the suspension or revocation of the Entertainment Permit. (PD) (00SR42) -6/27/00 Attachment No. 1.5 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE RE UIREMENTS: 1. Conditional Use Permit No. 99-77 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-77 shall become null and void unless exercised within one year of the date of final approval which is June 27, 2001, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-77, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. 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, except as noted herein. 6. Per Section 5.28.030 of the Huntington Beach Municipal Code, no person conduction, maintaining or carrying on a business, or having charge or control thereof, which permits public dancing to be allowed on the premises, shall permit to be admitted on such business premises any minor unless the minor is accompanied an under the care at all times of his parent or parents or legal guardian. (PD) 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. (00SR42) -6/27/00 Attachment No. 1.6 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. (00SR42) -6/27/00 Attachment No. 1.7