HomeMy WebLinkAboutBlack Bull Chop House - Cesar Pena - Notice of Appeal - Did4qtda,
NOTICE OF APPEAL TO CITY COUNCIL
OF A PLANNING DEPARTMENT ACTION (OR POLICE)
Date:
10/28/2008
To: Police Dept (1 Copy)
Date Delivered
10/27/2008
City Attorney (1 Copy)
Date Delivered
10/27/2008
Planning D ept (2 Copie s)
Date Delivered
10/28/2008
City Council Office (1 Copy)
Date Delivered
10/28/2008
Administration (1 Copy)
Date Delivered
10/28/2008
Filed By: Cesar Pena - Black Bull Chop House
RE: Notice of Appeal of Entertainment Permit Violations from HBPD - Black Bull Chop House
Tentative Date for Public Hearing TBD
Copy of Appeal Letter Attached: Yes
LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15
DAYS PRIOR TO THE PUBLIC HEARING DATE
Joan L. Flynn, CIVIC
City Clerk
(714) 536-5227
Fee Collected: n/a
Form Completed by: Rebecca Ross, Senior Deputy City Clerk
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Huntington Beach Municipal Code
5.44.050(3) — 5.44.080(c)
(3) The entertainment to be provided would not attract crowds considered large for that
location, would not overwhelm the available police and safety services, and would not be
incompatible with the surrounding environment, and
(4) The premises within which the entertainment is to be presented shall provide sufficient
sound -absorbing insulation such that noise generated within the premises shall not be in
violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property
or public right-of-way or within any other building or other separate unit within the same
building, and
(5) Considering where the entertainment is to be presented and its proximity to other
businesses, residences, and the surrounding environs, there exist possible effective means
of mitigating the noise emanating from the business to a level of insignificance and in
compliance with Huntington Beach Municipal Code Section 8.40, and
(6) The place of entertainment is to be located in a zone permitting the proposed use under
Chapter 211 of the Huntington Beach Ordinance Code, and
(7) All signage conforms to the requirements for that zone, and
(8) The granting of an entertainment permit would not violate other sections of the Huntington
Beach Municipal Code or other applicable municipal, state, or federal laws, and
(9) The required fee has been paid.
(1265-12/66, 1444-10/68, 3213-11/93, Urg. 3247-8/94, 3449-2/00)
5.44.060 Permit -Period valid. The permit shall be granted for the specific occasion requested,
or if the request is for continuous permit, the permit shall be issued for not longer than one year.
(1265-12/66)
5.44.065 Permit -Notice to Applicant of Action Taken. Within twenty (20) working days after
the making and filing of the application, unless the applicant signs a written waiver of notice, the
Police Department shall mail or personally deliver written notice to the applicant stating the
action that was taken on the application, together with a list of any conditions imposed if the
application is granted or, if the application is denied, the specific grounds for the denial. The
notice shall also advise the applicant of his/her right to appeal the denial of his application or any
of the conditions imposed. (3213-11/93, 3449-2/00)
5.44.070 Permit --Appeal of decision. Any permittee aggrieved by the decision of the Chief of
Police to deny or impose any conditions on such a permit may appeal to the City Council in the
manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the
written appeal must be filed with the City Clerk within five (5) days of service of written notice
of the Chief of Police's decision. (1444-10/68, 3213-11/93, 3449-2/00)
5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a
permit for the following:
(a) For the use of a radio or music recording machine, or juke box in any establishment;
(b) For any entertainment provided for members and their guests at a private club where
admission is not open to the public;
(c) For entertainment conducted in connection with a regularly established recreation park,
circus or fairground;
2/00
248.18 Designation of Hearing Body on Appeal
The Planning Commission shall hear an appeal from the decision of the Director, Zoning
Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision
Committee. The City Council shall hear an appeal from the decision of the Planning Commission.
The decision of the City Council is final, except that coastal development permits for development
located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334)
248.20 Appeal of Decision
A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of
appeal with the Director within the time required by section 248.16 except an appeal to
the Planning Commission's decision shall be filed with the City Clerk. This section
shall not apply to any action which must be heard by the City Council whether or not an
appeal from the Planning Commission is filed.
B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of
the person appealing the action, the decision appealed from and the grounds for the
appeal. The Director may provide the form of the notice of appeal. A defect in the
form of the notice does not affect the validity or right to an appeal.
C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before
the reviewing body and shall give notice of the hearing on the appeal in the time and
manner set forth in Sections 248.02 and 248.04.
D. De Novo Hearin. The reviewing body shall hear the appeal as a new matter. The
original applicant has the burden of proof. The reviewing body may act upon the
application, either granting it, conditionally granting it or denying it, irrespective of the
precise grounds or scope of the appeal. In addition to considering the testimony and
evidence presented at the hearing on the appeal, the reviewing body shall consider all
pertinent information from the file as a result of the previous hearings from which the
appeal is taken.
E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or
may modify the order, requirement, decision, or determination that is being appealed.
248.22 Appeal of Failure to Act
An applicant may appeal the failure of the Zoning Administrator, Design Review Board,
Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on
an application if the failure to act continues beyond a reasonable time and the time to act is not
otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the
application in determining what is a reasonable time.
Huntington Beach Zoning and Subdivision Ordinance
Chapter 248 248-4 5/97