HomeMy WebLinkAboutCup 88-28 Texas Looseys 12-19-88 6Uf 6A �� t
LAW OFFICES OF • v r-1 Ulm {'0
SOLOMON,SALTSMAN& JAMIESON
A Partn6rship Including Professional Corporations 0 v
426 CULVER BOULEVARD
PLAYA DEL:(21 )8 2-984
TELEPHONE:(213)822-9848
FAX:(213)822-3512
December 19, 1988c
The Honorable Mayor and the City Council
City Council; City of Huntington Beach
200 Main Street
Huntington Beach, California 92648
RE: TEXAS LOOSEYS 10142 ADAMS AVENUE HUNTINGTON BEACH, CA;
DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT;
88-28 ; SUBSEQUENT APPEAL.
To The Honorable Mayor and City Council:
Mr. Tarantino, owner of Texas Loosey' s,. Applicant herein,
has made extensive efforts to compromise and cooperate with the
City and his surrounding neighbors. Texas Loosey' s already holds
the right to serve alcohol and play recorded music. It is only
asking for the right to allow its patrons to dance while .
listening to the music and to have a disc jockey speak in-between
recordings of country music. No live bands are requested.
In exchange for the added right to dance and hear a disc
jockey the Applicant is willing to stop the dancing at 12 : 30 a.m.
instead of 2 : 00 a.m. as it would otherwise have a right to do.
It is also willing to hire a security company with peace officer
powers and monitor the parking lot areas for noise and to direct
parking away from the troublesome areas nearest the surrounding
homeowners. See Exhibit A.
The Applicant has also painted the curb in front red to
prevent traffic congestion and has installed panic hardware on
the back door so that it is not used except in emergency. We are
hopeful that the "net" effect of these measures will be to
greatly decrease, if not alleviate, bothersome noise in the
parking lot. Noise emanating from inside is not a problem.
A noise study was conducted which illustrated that the
$40, 000+ of sound proofing done to the building has been
:. ,., effective. See Exhibit B. Moreover, the neighbors agree that
sound from the music inside is not a problem.
Approximately 100 petitions in favor of this Application
were previously provided to the Planning Commission. More are
being provided this evening.
The Police Department has no opposition to this request.
Texas Loosey' s
December 19 , 1988
Page Two
Still further, this use with a fashion show, dancing and a
D.J. existed for 68 days without incident or complaint. There is
simply no evidence to show that an occasional noon-time fashion
show, dancing or a D.J. will cause problems. On the other hand,
with the addition of security in the parking lot, combined with
shortened hours, the Applicant feels that the "net effect" will
be to reduce any uncomfortable impact this shopping center has on
its neighbors. The Applicant is willing to comply with the
restrictions proposed by staff. See Exhibit C.
Texas Loosey' s is a family restaurant and is a good
productive citizen of Huntington Beach serving an identified need
for inexpensive to moderate dining. It serves 1 child free with
1 paying adult. In September 1988 it served 590 children free.
In August 1988 it served 450 children free. In July 1988 it
served 610 kids free. The costs of each child is $1. 95. For
that 3 month period, therefore, it cost the Applicant
approximately $3 , 200. 00.
At the present time Texas Loosey' s is losing money every
month. If this is allowed to continue this new business, with
its substantial investment (over $500, 000. 00) will cease to
exist. The provision of dancing and an occasional noon time
fashion show should put this business resident of Huntington
Beach into a profit making mode.
In conclusion, the Applicant is willing to make substantial
compromises for the right to entertain. A substantial economic
hardship presently exists and needs to be corrected. For these
reasons the Applicant respectfully requests the City Council to
grant its request on probationary terms. Give them the right to
try and operate profitably. If after 60, 90 or 120 days it does
not appear that the situation has gotten better the Council need
not grant a permanent C.U.P. .
Thank you for your consideration.
Very truly yours,
SOLOMON, S %' N & JAMIESON
ALLEN JAMIESON
At ney for the Applicant
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ALARMS .• GUARDS • PATROL
L.
Octinber 12, 1908
Mr .` Tony Tarantino, Manager
Texas Loosey' s Restaurant
10142 Adams Blvd.
Hunt i ngt can Beach, CA 92646
Dear Mr. Tarantino: '
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Per your request , I have reviewed your restaurant and the
surrounding property. This survey included all parking lot
areas and adjacent businesses. I, of course, kept in mind
the concerns of your neighbors as expressed: at the home owners
meeting last week. In essence, it is your 'desire to reduce ojr ,
hopefully, alleviate noise, or any kind of �disturbance,
eminating from use of the parking lot .
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The following are my recommendations:
1. We will provide two (2) unarmed, uniformed security officers
on Thursdays, Fridays, Saturdays and Sdndays between 8:00pm
and 1 :00am.
A. Security Personnell will be mature,. experienced individuals
who are periodically supervised by Four infield patrol
officers.
B. security officers will carry baton4, flash lights, handcuffs,
and mace (a chemical agent) , and aF2--way radio unit permitting
immediate contact with a supervisor in case of emergency.
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2. The security officers will endeavor to `and be responsible for
accomplishing the following specific o6 jectives:
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A. Maintaining the driveway free of pirked vehicles; and
6. t:.eeping the rear door closed excep"1' ii, emergency; and
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C. Walking through the parking lot to ' control vandalism
of patrons vehicles. '
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Liability Insured&Bonded a State License LA-1874(Alarms), PA-6710(Guards)
13030 Euclid Avenue • Suite 109 • Garden Grove,California 92643 • (714) 836-9900
QCT — i r2 - 2 1 W EI! 1 5 - IS. ORANCECATE EX C S T E P _ v3 ?
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POWERS
ALARMS • GUARDS • PATROL 1
We are confident our personnell can accomplish your objectives.
We have likewise been successful in aleviating the same types of
problems in many other locations.
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Thahk you for allowing us to review this -wi cation and provide
this P rvp osal . We look forward to working tiith you.
,
Verb truly Yours,
Daniel E. Powers, President
powErs, . Inc .
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Liability Insured&Bonded • State License LA-1874(Algrms), PA-9710(Guards)
13030 Euclid Avenue 0 Suite 109 • Garden Grove, Califo;nia 92643 e (714) 636-9900 /
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L8/1054 --- t 27 September 1988
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Tony 'Tarantino, Manager i'��:
TEXAS LOOSEY'S RESTAURANT
10142. Adams Boulevard } "�
Huntington Beach, CA 92646
SUBJECT: Outdoor Sound Levels From Operations Or Texas Loosey's Indoor
"Disco" Music System.
REFERENCE: On Noise Measurements Made 21 September 1983.
Dear Mr. Tarantino:
At your request, we have visited your restaurant/club, Texas Loosey's
for the purpose of determining the level of compliance your operations
have with the City of Huntington Beach's Noise Ordinance (attached)
which requires the sound of music or speech to be limited to 50 dBA from
7am to lOpm and to 45 dBA from lOpm to lam at the adjacent residential
properties.
On 21 September 1988 , we made a number of noise readings using a
Larson--Davis Laboratories 800B Type 1 precision sound level meter field
calibrated before and after the measurements by means of instrumentation
whose calibration is traceable to the National Bureau of Standards.
During the noise measurement period, a private party was in progress in
the saloon/dance floor area of your establishment and noise measurements
were made at three (3) locations: 1) indoors in the saloon/dance floor
area; 2) directly across Adams at the front residential property line of
the condominiums (apartments); and, 3) at the rear of the Texas Loosey's
property across the parking lot adjacent . to the property line wall.
The noise measurements may be summarized as follows:
TIME LOCATION NOISE LEVEL IN dBA SOURCE/COMMENTS
18:27 3 52.4 Traffic/Aircraft*
18:33 2 64.3 Traffic*
18:34 2 64.0 Traffic*
19:28 1 91.5 Music
19:30 1 93.3 Music
19:33 3 53.5 Traffic/Aircraft*
19:35 3 47.6 Traffic*
19:44 2 63.4 Traffic*
19:46 2 64.7 Traffic*
* Music/Speech from interior of restaurant not audible.
3187-A Airway Avenue,Costa Mesa,California 92626 (714)549-4092 FAX(714)549-9423
A8/1054 2
Since the predominate noise source to the immediate neighborhood of the
restaurant as. measured is roadway traffic, using typical urban/suburan
traffic flow characteristics, the typical noise environment .for other
times of the day may be estimated. Attachment 2 shows that for location
2, the traffic noise environment would not be expected to drop below
53.7 dBA (which occurs in the 3am hour). Also shown are projections for
each of the other hours of the day starting with lam. Therefore, the
allowable limit would be increased to reflect the existing ambient
level, as per the City Ordinance section 8.40.060(e). Attachment 3
shows that for location 3 the background traffic noise environment would
not be expected to drop below 37.2 dBA, and also shows the projected
24—hour noise exposure level.
Since the interior noise was not audible (i.e., discernable) at the two
exterior locations in question, we can only conclude that at the times
monitored the _restaurant_ was : not in; ::violation o.f. the City. Noise
Ordinance. Because of the heavy traffic on Adams. Boulevard, it is our
expectation that restaurant (music/speech) sounds from the disco
activities will not be a problem. However, we have not made noise
measurements for every hour of your operations.
. We hope that this answers your questions on the Noise Ordinance matter.
If you wish for us to perform further measurements at other times of the
night when background levels are less, please contact use
Sincerely,
Otto C. Bixler, Jr.
Principal of Firm
Member INCE/NCAC
Orange County Certified
Acoustical Consultant
Attachments (3)
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Attachment No. 5
ALTERNATIVE ACTION FOR --APPROVAL
FINDINGS & CONDITIONS FOR APPROVAL
FOR FASHION SHOW AND DANCING AND DISC JOCKEY
FINDINGS EOR APPROVAL:
1. The establishment, maintenance and operation of the lunch hour
fashion shows and live entertainment, dancing to recorded music
with disc jockey will not be detrimental to:
a . The general welfare of persons working in the vicinity;
b. ..Ri•gperty and improvements in the vicinity of the
restaurant, Texas Loosey' s ..
2 . The granting of Conditional Use Permit No. 88-28 for lunch hour
(weekdays only) fashion shows and nightly live entertainment,
dancing to recorded music with disc jockey will not adversely
affect the General Plan of the City of Huntington Beach.
3 . The proposal for the fashion shows and dancing to recorded
music with disc jockey is consistent with the goals and
objectives of the City' s General Plan and Land Use Map.
CONDITION5 FOR APPROVAL:
1. The site plan, floor plans, and elevations received and dated
July 24 , 1988 shall be the approved layout.
2. The applicant shall monitor customers entering the restaurant
to insure that the restaurant seating capacity is not exceeded.
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3 . The restaurant shall maintain proper exit ways .
4 . The applicant shall comply with all applicable local, State and
Federal Fire Codes.
5 . The applicant shall provide private security patrol from 10:00
PM to 1: 00 AM to monitor customers leaving the restaurant after
10 : 00 PM to prevent any unnecessary noise or disturbances .
6 . Fashion Show hours shall be limited to Monday through Friday
12 : 00 noon to 1: 00 PM.
7. The hours of nightly dancing shall be limited to 8 :30 PM to
12 :30 AM. +
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8 . Fashion shows will adhere to the Adult Entertainment section of
the City Ordinance Code; specifically the wearing of
transparent clothing and exposure of specified anatomical parts.
of the body.
9 . All Police Department concerns and requirements must be
addressed and met prior to the issuance of an entertainment
permit.
10 . The proposed use shall comply with all applicable Fire and
Building Codes, including Chapter 33 of the Uniform Building
Code.
11. All seating plans shall be approved and occupant load
established by the Building Official .
12 . All events shall be reviewed by .the Fire .Department.
13 . The proposed live entertainment shall comply with Chapter 8 .40
"Noises" of the Huntington Beach Municipal Code. Should
complaints be received regarding no.ises generated by the live
entertainment, the Planning Commission reserves the right to R
require the applicant to mitigate the noise level .
14 . This conditional use permit shall be effective for six months.
A one-year extension of time may be granted subject to Planning
Commission approval. A maximum of five extensions may be
granted.
15 . The Planning Commission reserves the right to revoke this
conditional use permit if any violation of these conditions or
the Huntington Beach Ordinance Code occurs.
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