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HomeMy WebLinkAbout2004-04-07:7 n LJ MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 7, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Scott Hess, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: March 10, 2004 CONTINUED TO THE APRIL 14, 2004 MEETING ORAL COMMUNICATION: NONE ITEM 1: ENTITLEMENT PLAN AMENDMENT NO. 03-10 (MAJESTIC NIGHTCLUB) APPLICANT: John Nguyen, 16081 Santa Barbara Lane, Huntington Beach, CA 92649 PROPERTY OWNER: JOTW Inc., Max Ferstein, P O Box 5697, Sherman Oaks, CA 91413 REQUEST: To amend Conditional Use Permit No. 86-59 by modifying the approved plans to allow a 397 sq. ft. outdoor patio for dining and alcohol sales in conjunction with an existing restaurant/nightclub. The proposed patio will be enclosed with a 7'-2" tall combination block (3'-6") and glass (3'-8") wall. LOCATION: 18582 Beach Boulevard (east side of Beach Boulevard, south of Ellis Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that the Design Review Board recommended approval to the Zoning Administrator. The Police Department Vice Unit recommended conditions as reflected in suggested Condition No. 2 addressing concerns related to alcohol consumption on the proposed patio, and the doors remaining closed. Staff stated that notification was sent to the surrounding businesses, property owners, and • tenants. One telephone call was received from a nearby resident with questions concerning the proposed project but did not address any specific concerns. Scott Hess, Acting Zoning Administrator, reviewed the project plans, and engaged in • discussions with staff concerning access, emergency exits, number of doors and proposed double doors, parking and parking spaces in compliance with the ADA, Police Department concerns, outdoor service of alcohol, and current unsupervised activity while patrons smoke in the parking lot. THE PUBLIC HEARING WAS OPENED. Mr. Tu Do, 24862 Avenida Libre, Lake Forest, CA 92630, representing the applicant, stated that the proposed outdoor patio area is intended to serve as a controlled area for customers who smoke. Mr. Tu Do stated that alcohol would not be served in the outdoor patio area but that customers may walk to the area with a drink. He stated that two double doors leading to the outdoor patio would be installed to mitigate the level of noise. Mr. Hess reviewed the plans with the applicant and discussions ensued. Mr. Hess confirmed with the applicant that the proposed project would be fully enclosed as a room addition including a solid roof. Mr. Hess also confirmed that the proposed project is in compliance with the City Fire Codes, and that landscaping will not be removed. Mr. Hess confirmed with the applicant that they have read and understand staff's suggested conditions of approval. Joe Batte, 18642 Libra Circle, Apt 1, neighboring property owner, voiced opposition to staff's executive summary and urged the Zoning Administrator's denial of the proposed project. • Mr. Batte's objections were directed at the current level of noise during the nighttime weekend hours, and impact on rentals in the immediate vicinity. He voiced further objection against consumption of alcohol in the outdoor patio area. Mr. Batte stated that the subject site does not have as strong a police presence as does Main Street in downtown Huntington Beach. Robert Cronk, 18642 Libra Circle, neighboring property owner, stated that the existing nightclub directly impacts his property, and is presently in violation of the existing conditional use permit. Mr. Cronk stated that Code Enforcement is not available at 2:00 a.m., and that the Police Department has been involved. He opposed the proposed project and presented numerous examples of ongoing activity that is detrimental to the neighboring property owners. He stated that he did not receive advanced notification of the proposed project. Hue Khahn Nguyen, 18651 Libra Circle, neighboring landlord and property owner, stated that the tenants at her rental dwellings have complained about the existing nightclub. She voiced concern that the current problems would escalate. Connie Miller, 18651 Libra Circle, neighboring property owner, stated that she had been inside the nightclub as a patron and observed overcrowding and excessive noise. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. • ZA Minutes 04/07/04 2 (04zm0407) ® Mr. Hess confirmed with the applicant and staff that service of alcohol and food would not be conducted in the outdoor patio area, but alcoholic beverages would be transported to the outdoor patio area. • Staff stated for clarification that the request for the conditional use permit is to allow alcohol within the outdoor area. Staff stated that, if the request did not include consumption of alcoholic beverages, this item would not need a conditional use permit. Mr. Hess stated that he was going to continue the request to the April 21, 2004 meeting. He asked staff to research and provide further information concerning prior complaints received by the Police Department and Code Enforcement. Mr. Hess further asked staff to provide copies of the entertainment permit and the existing conditional use permit conditions of approval. He advised that today's action is not appealable. ENTITLEMENT PLAN AMENDMENT NO. 03-10 WAS CONTINUED TO THE APRIL 21, 2004 MEETING WITH THE PUBLIC HEARING CLOSED. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 14, 2004 AT 1:30 PM. Scott Hess, Acting Zoning Administrator rmk ZA Minutes 04/07/04 3 (04zm0407)