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Home My WebLink AboutCUP 94-46 (Billiard Parlor) S/W Corner Warner/Springdale Fa j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 19, 1995 Ty Wai Yep 1923 E. 4th Street Ontario, CA 91764 Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 15, 1995 approved the Appeal and denied Conditional Use Permit No. 9446 based on findings. 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 May 19, 1995 to apply to the courts for judicial review. If you have any questions regarding this matter,please contact our office-536-5227. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure cc: City Attorney Community Development Director Susan Pierce, Community Development City Administrator g:cc\90day1tr (Telephone:714-536-5227) Findings for Denial - Conditional Use Permit No. 49-46 The establishment, maintenance and operation of the proposed 3,484 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use of building. The use will not be compatible with other uses in the center and vicinity. The site contains insufficient exterior lighting and creates a safety hazard for patrons and persons working within the existing commercial center. § 109465 SPECIAL PROCEEDINGS Part 3 Note 378 n.and,vl for new trial de no%o. 1'rescod v. mined conu,a,:.xlom-r hnd uu jurirdiviien voiforoin l'ueotployment hts. Apprnls 11d. turd did not dcternilut•merits. Wexterll Air (1976) 127 Val.Rptr. 511), 57, C.A.3d 21). I.im•x We. v. Sobleaki (1061) 12 Cnl.ltptr. Trial court's judgment d.•n)ing writ of 710. 191 C.A.241399. mnudnte to congtel director of agricultoro Iraet that. letter dixchargiag senior type to act nside I& derision revoking petition• ist clerk in office of county clerk xtnted er's heense as aircraft pilot is hnxinexx of Ilutt she wax guilty of mixcondurt in re- pest control wnx reversed and easo re- moving puldie records front tho files and mnnded to trial court with directions to mutilating and seereting them on venous remand rase to director for purliose of dates, wherena in hearing before county 1 retbnxideriug the penalty previously im- civil service eotitmixslon evidence wits itr posed, where it was found thnt some of troduced only no to what look place on tho charges against petitioner wera not one of the dates• did not require the dis- aopported by evidence. Wingfield v. 1 riot court of nppenl on nlgwal front judg- Director of Agriculture (11172) 11t5 Cal. went awtirdiug senior typi.t clerk writ of Itptr.019,29 C.A.&l 209, mandate, after reversing tl:o judgment of Proceeding fo"r raview of dt•ninl by rout_ the superior court, tit remand the matter missioner of corporntionx of permit to to the commixsjon for rc••onsideration, change voting rights of shareholders where there seas a siaiilnrit' of facts stir- would be remnnded to superior court for rounding removal of the documents on all of the dates. Pratt v. Lox Angeles Conn- tial evidence whotbcr there Erna sooner'= ty Civil Service l.•ominissiou (1932) 238 fiat evidence to support commissioner's fiudinga, where court improperly deter- I:3d$,108 C:A:2d 11.1. 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and Party defined; or- dinance 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 thereof, may be had pursuant to Section 1094.5 of this code only if : the petition for writ.of mandate pursuant to such section is filed ithin 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 decish> 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 if reconsideration is sought pursu- arit to.any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The complete record of the proc cedings shall lx• prepared by III(! I()('atl agency or Ilti vollinfis!�ioll, board, officer, or agent which made the decision and shall be delivered to the petitioner within 90 days after he hats 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 decision, all admitted 674 Title 1 WRIT OF MANDATE § 094.6 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 ns specified in Suhtlivision ((') wilhiil 10 days aflet• the date the decision becomes fi- nal as provided in subdivision (b), 11w dine within which a pCLilioll pursuant to Section 109-1.5 may he 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.6$1, § 1.) Forms See West's California Code Form,Civil Procedure. Library References Administrative Law raid 1'rocMlure C.T.S. Public. Administrative Bodies and «722. Procedure § 193. Notes of Decisions In general I that public employment rehttlons baud Exhaustion of administrative remedies 2 had exelasivu jurisdiction to determine whet.her the unfair pructice charges were •lustified; and, in view of teachers' failure to cxhanst their administrative retedies I. In general under 11e Itoddrt Act. trial court erred in School board's 'Zmilate.ntl freezing of granting writ of nuuuluto to compel super- icaohors' sahtries after beginning of view inlendent of district and others to ruitte xrhool vetir. while cnntraci aegotintioms milaries of certain teachers. Atnudor Vul- were pcading, argoubb- wns tot nnfair Iey Viluentors Asa'o t. Nowlin prue.ticc in violutiou of the Itodtltt Act so (1970) 151 CuLItptr. 724, M C.A.3d 25 1. 675 Council/Agency Meeting Held: Deferred/Continued to: d ku- LI Approved ❑ Conditionally Approved Denied City Clerk's Signattre Council Meeting Date: May 15, 1995 Department ID Number: CD 95-22 r1 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administratorcegoo PREPARED BY: MELANIE S. FALLON, Community Development Director`00""� SUBJECT: APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 94-46 (Billiard Parlor) Continued from May 1, 1995 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachments) s-1,r fS'N/rdved "PO-64 4101d eWf9 C. P bdwed on 9,1 tK4jk q-3 Statement of Issue: The appeal by Robert D. Dennis of Family Fitness Centers of the Planning Commission's conditional approval of Conditional Use Permit No. 94-46 filed by Ty Wai Yep was continued from the May 1, 1995, City Council meeting to allow the applicant to be present at the hearing and to allow the City Council an opportunity to visit the site. The application represents a request to establish a 3,484 square feet billiard parlor at 5914 Warner Avenue (southwest corner of Warner and Springdale). The appeal is based on concerns over safety and security to Family Fitness Center's members. The appellant is requesting a security guard be provided outside during the evening hours and additional outdoor lighting be added to the exterior of the billiard parlor building. The appellant has submitted a request for continuance to a later date because he is unable to attend the May 15, 1995, City Council meeting. (Attachment No. 2) Funding Source: Not applicable. Recommended Action: Planning Commission and Staff Recommendation: Motion to: "Uphold the Planning Commission's action by approving Conditional Use Permit No. 94-46 with findings and conditions of approval." (Attachment No. 3, see May 1, 1995, RCA Attachment No. 2) \ I R16UEST FOR COUNCIL ACTION MEETING DATE: May 15, 1995 DEPARTMENT ID NUMBER:CD 95-22 r1 Alternative Action(s): The City Council may take the following alternative actions: 1. "Continue Conditional Use Permit No. 94-46 to the June 1, 1995, City Council meeting per the appellant's request." 2. "Grant the appeal and approve Conditional Use Permit No. 94-46 with findings and modified conditions of approval." (Attachment No. 6 of the May 1, 1995 RCA) 3. "Deny Conditional Use Permit No. 94-46 with findings." (Attachment No. 1) Analysis- Staff contacted the applicant advising him of the City Council's continuance to allow him to be present at the public hearing. He indicated that he was unable to attend the May 1, 1995, public hearing. Staff also informed him that the City Council may also consider denial of the project. Findings for denial have been in with this report should the City Council decide to overturn the Planning Commission's action. The appellant contacted staff following the public hearing and indicated that he would be unable to attend the May 15, 1995, City Council meeting. He forwarded a written request for continuance of the decision to a later date. (Attachment No. 2) Because the appellant's issues were raised at the public hearing, staff believes that the continuance is unnecessary. During the public hearing, complaints were received regarding trash and debris accumulation at the shopping center. Code Enforcement staff has cited the property owners for violation of the property maintenance provisions contained in Chapter 17.10 of the Huntington Beach Municipal Code. Attachment(s): NumberCity Clerk's Page 1. Findings for Denial 2. Letter from appellant requesting continuance 3. Request for Council Action dated May 1, 1995 with attachments CD9522M.DOC -2- 05/04/95 2:14 PM ATTACHMENT 1 ALTERNATIVE FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO. 94-46 FINDINGS FOR DENIAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The establishment, maintenance and operation of the proposed 3,484 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. The use will not be compatible with other uses in the center and vicinity. The site contains insufficient exterior lighting and creates a safety hazard for patrons and persons working within the existing commercial center. g:\rca95\cd95-22b ATTACHMENT 2 05/02/1995 09: 43 61943119j6.. RAYWILSONENTER ES PAGE 01 —�. . May 2, 199 -- -- - - Susan Pierce City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Res conditional Use permit No. 94-49 5914 Warner Avenue -'-----Dear Ms. Pierce: At tlie� public~hearing last evening,` May 1, 1995, the City Council continued item D-3 to May 15th. Unfortunately I will be unavailable to attend that meeting. I feel it is important for me to be there since the City Council may have questions from me as the appellant in this matter. would you please request this matter to be continued to a later date so that I will be able to attend, and notify me accordingly. Thank you for your attention in this matter. Sincerely, Robert D. Dennis RDD:cr P.O. MY a3a8 • CARLSMI CALIFORNIA 92n18 ATTACHMENT 3 � -�_ y � r�Pit� a �=�- � � RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY DEVELOPMENT SUBJFCT: APPEAL - Conditional Use Permit,,No. 94-46 [COUNCIL MEETING DATE: May 15, 1995 RCA ATT CHMENTS STATUS Ordinance (w/exhibits & legislativ draft if applicable) Not Applicable Resolution (w/exhibits & legislative aft if applicable) Not Applicable Tract Map, Location Map and/or other hibits Not Applicable Contract/Agreement (w/exhibits if applica le) (Signed in full by the City Attorne Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the C" ttorne Not Applicable Financial Impact Statement (Unbudget, ov r $5, 00) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee R port (If applic ble) Not Applicable Findings/Conditions for Approval nd/or Denial Attached EXPLANATI N FOR MISSlN; ATTACHMENTS' . ........ _ _ .......... .... REVIEW R FORWARDED: Administrative Staff Assistant City Administrat r Initial City Administrator Initial rCity Clerk EXPLANATION FO RETURN OF ITEM: Only)(Be!ow Space For City Clerk's Use i REQUEST- OR,--L-ATE--SUI§MITTAL.OF RCA:-�-- a�ZbiSA• - � _ - -. Y C ..-.-ti -. Department: _ RCA �1J J'S a�-�•�, Council Meeting Date: ,S =/S-�5 <> Date of This Re uest: :.:::.. ::. ....:::.::::: ......:::.: .... ..:.......... .......:.::.:.:.... REASON (Whyis this RCA bein- submitted late? '�.�•=�-.. � '�-•==�--�^�=�-��[ � -� ti"c:��.�'i'^-'�_.s��-`•'��' �i"` ,_max-_.w-� �'- ._ .:.:. w.:r.<sv.w.::..w.v,M.!+YM•�.,.ywnn.. .�i/ .. ti.u. r�.,+.4/-w.:--i.T'-...--•-+#,-•..+mom-ihip.gi� {i.,.+4.r.---�-lti h--ri_'-r EXPLANATION (Whyis this RCA necessaryto this agenda?): CONSE-QUEUef-S--Hovc-shalYdela A-otthi_s RCC ad_v_ers_el- , im op"oo Ci ? } f :... ... ... .......... ... Signature: D-Approved O Denied O Approved O Denied Initials - Reauired Depart Head Ra y Silver Michael Uberua a • RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: APPEAL - Conditional Use Permit No. 94-46 COUNCIL MEETING DATE: May 15, 1995 RCA ATTACHMENTS ..STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Attached (Explain Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial. I Attached X. EXPLANATION FO;R MISSING ATTACHMENTS Original on file in City Clerk's Office REVIEWED RETURNED' FORWARDED .... _ ... ........ ...... Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ;EXPLANATION RN F FORETUR O ITEM: Only)(Below Space For City Clerk's Use I f V CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 3, 1995 Tai Wai Yep 1923 E. 4th Street Ontario, CA 91764 The City Council of the City of Huntington Beach at their Council meeting held May 1, 1995 conducted a public hearing to consider Conditional Use Permit No. 94-46. The public hearing was opened, comments heard and the public hearing was closed. The decision on Conditional Use Permit No. 94-46 was continued to the May 15, 1995 Council meeting. If you have any questions regarding this matter, please call the Office of the City Clerk (714) 536-5227. Sincerely, Connie Brockway, CIVIC City Clerk o Evelyn Schubert, CIVIC Deputy City Clerk � e (Telephone:714-536.5227) Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 1, 1995 Department ID Number: CD 95-22 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN IL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato PREPARED BY: MELANIE S. FALLON, Community Development Director ` SUBJECT: APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 94-46 (Billiard Parlor) Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachments Statement of Issue: Transmitted for your consideration is an appeal by Robert D. Dennis of Family Fitness Centers of the Planning Commission's conditional approval of Conditional Use Permit No. 94-46 filed by Ty Wai Yep. The application represents a request to establish a 3,484 square feet billiard parlor at 5914 Warner Avenue (southwest corner of Warner and Springdale). The appeal is based on concerns over safety and security to Family Fitness Center's members. The appellant is requesting a security guard be provided outside during the evening hours and additional outdoor lighting be added to the exterior of the billiard parlor building. Funding Source: Not applicable. Recommended Action: Planning Commission and Staff Recommendation: Motion to: 'Uphold the Planning Commission's action by approving Conditional Use Permit No. 94-46 with findings and conditions of approval." (Attachment No. 2) R UEST FOR COUNCIL ACTIC MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-22 Planning Commission Action on March 14, 1995: THE MOTION MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 94-46 WITH FINDINGS AND CONDITIONS CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: HOLDEN, LIVENGOOD, BIDDLE, GORMAN, KERINS, TILLOTSON, SPEAKER NOES: NONE ABSTAIN: NONE ABSENT: NONE Alternative Action(s): The City Council may take the following alternative action: 1. "Grant the appeal and approve Conditional Use Permit No. 94-46 with findings and modified conditions of approval." (Attachment No. 6) Analysis: Applicant: Ty Wai Yep, 1923 E. 4th Street, Ontario, CA 91764 Appellant Robert D. Dennis, Family Fitness Centers, P.O. Box 4356, Carlsbad, CA 92018 Project Proposal Conditional Use Permit No. 94-46 represents a request to establish a billiard parlor within an existing shopping center (Huntington Square Shopping Center) that will occupy two suites for a total of 3,484 square feet. The applicant's narrative indicates that snacks and soft drinks will be available. Because no alcoholic beverages are proposed to be sold, the billiard parlor will be open to anyone including minors. The billiard parlor will provide 18 pool tables and three employees. Commercial recreation and entertainment uses such as billiard parlors are subject to conditional use permit approval by the Planning Commission (Section 211.04 of the Zoning and Subdivision Ordinance). In addition, Chapter 9.32 of the Huntington Beach Municipal Code includes additional criteria for such uses. Proposed hours of operation are 11:00 AM to 1:00 AM Monday through Thursday and 11:00 AM to 2:00 AM Friday through Sunday. The hours of operation, however, are regulated by the Municipal Code, which limits the business hours to operate between 6:30 AM and 12:30 AM. Because of the number of pool tables and types of conditions imposed, two adult employees will be required to be present at all times during the hours of operation. CD95-22.DOC -2- 04/19/95 3:45 PM RAUEST FOR COUNCIL ACTION MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-22 During review of the proposed application, a copy of the request was forwarded to the Police Department, Public Works Department and the Building Division. The Department of Public Works, Fire Department, and the Building Division have recommended conditions which are incorporated into the conditions of approval. The Department of Public Works is concerned with the effect the future median modification on Warner Avenue will have on this shopping center and recommends that the applicant/property owner participate on a fair share basis in any costs related to the reconfiguration of parking, parking lot lighting, signing, landscaping, and any other costs associated with the street modifications. The Police Department has concerns that the proposed use may become a policing problem and has recommended conditions which are incorporated into the conditions of approval. Such conditions pertain to operational requirements and include posting of identification upon entering the facility, security of non-used pool sticks and cue balls, maximum number of players at a table, and an on-site security guard on weekend nights. These conditions are representative of those imposed by Police Departments on other billiard parlors in Huntington Beach and and other cities in Orange County. Planninq Commission Meeting At the March 14, 1995, Planning Commission meeting, two speakers addressed the Commission. The appellant spoke regarding the parking lot lighting and need for security personnel to ensure safety to patrons exiting the adjacent business. He was concerned that customers of the billiard parlor would congregate in the parking area to drink alcoholic beverages since none would be available in the facility. He stated that the parking area lighting was insufficient, and this potential parking lot activity in a dimly lit area would adversely affect his patrons. The property owner's representative requested deletion of the condition of approval which would obligate this property owner to participate in site modifications with unknown costs and without consensus of all six shopping center property owners. The condition was modified to require site changes only if consensus of all property owners is received. Neither the property owner nor the applicant have filed an appeal. Reasons for Appeal The Family Fitness Centers' appeal is based on two public safety issues that were addressed at the Planning Commission meeting: (1) the need for a parking lot security guard to be provided by the billiard parlor and (2) inadequate exterior lighting. 1. Security Guard: Only one other family billiard parlor is located in the City, Rockets and Pockets at 19092 Beach Boulevard. This facility is approximately 1,500 square feet larger and includes other CD95-22.DOC -3- 04/19/95 3:45 PM RAUEST FOR COUNCIL ACTIOR MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-22 game activities. Two employees are required to be on the premises during hours of operation. On Friday and Saturday evenings from 5 PM to 1 AM, Rockets and Pockets is required by the City to provide a security guard to monitor the parking area to insure that loitering does not occur in the shopping center. The proposed billiard parlor will be required to provide two employees during hours of operation. A security guard is also required, however, the Police Department believes that the security guard may be one of the two weekend employees within the facility to ensure a save environment for the billiard parlor patrons. This recommendation is based on information received from police departments from nearby cities. In the event that problems occur in the parking lot and are associated with billiard parlor patrons, the Police Department will advise the applicant to provide additional security to the parking lot. Also, a six month review of the proposed use will be conducted which may result in a public hearing to add conditions of approval (not part of the condition) to address the parking lot activity or to schedule a revocation hearing. 2. Li htin : Parking lot lighting is provided at this commercial shopping center. Summarti Staff recommends the City Council uphold the Planning Commission's approval of Conditional Use Permit No. 94-46 with findings and conditions of approval based on the following: • Sufficient parking is available for this use. • The Proposed billiard parlor use is consistent with the general plan designation of Commercial General. • The proposed billiard parlor use provides additional recreational opportunities. • Conditions of approval are recommended to reduce the Police Department's concerns. Environmental Status: The proposed use is categorically exempt pursuant to Class 1 Section 15301 of the California Environmental Quality Act. CD95-22.DOC -4- 04/19/95 3:45 PM RONUEST FOR COUNCIL ACTIOR MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-22 Attachment(s): City Clerk's Page Number -. __ ................ - ....... ... ...................... 1. Appeal letter dated March 24, 1995 2. Findings and Conditions of Approval as approved by the Planning Commission dated March 14, 1995 3. Site Plan dated November 4, 1993, and Floor Plans dated February 8, 1995 4. Planning Commission Minutes dated March 14, 1995 5. Planning Commission staff report dated March 14, 1995 6. Alternative Findings and Conditions of Approval CD95-22.DOC -5- 04/19/95 3:45 PM ATTACHMENT 1 0i2,o -P -0-71060Z 00 FA CENTERS City of Huntington Beach March 21,1995 2000 Main Street Huntington Beach, Ca. 92648 Re: Conditional Use Permit No. 94-46/5914 Warner Avenue(Warner&Springdale St.) <c�T To Whom It May Concern: Ln C) Family Fitness Center,which occupies the building adjacent to the subject property,hereby appeals the Planning Commission's decision on March 14,1995. LM p The appeal is based on two public safety issues that were discussed at the planning meeting but not adequately addressed in the conditions of approval. First,Family Fitness is concerned about the safety and security of its members who leave their facility in the evening,particularly our women customers. We are concerned that those who frequent the billiards parlor will loiter around the building outside,and might possibly bring alcohol onto the premises. This would intimidate our customers and discourage them from using our facility. Another billiards parlor in the City has a reputation of attracting an unsavory element that hangs around outside drinking. We believe that a Conditional of Approval should be the requirement that a security guard be posted outside during the evening hours (5:00 PM to closing or when Family Fitness closes.) If this center develops into a"hang-out"then it will affect all the business in the area. We believe this condition is reasonable under the circumstances. Second,the lighting in the rear of the subject premises is inadequate. With the anticipated increased traffic to this location it needs to be upgraded. Another Conditional of Approval should be that the applicant be required to add additional lighting on the side and rear walls of the premises for the safety of its customers and those who use the common areas. This too is a reasonable request for a use that has authority to open from 6:30 AM to 12:30 AM. Family Fitness has talked with a number of concerned tenants and residents in the immediate area who would prefer altogether not to see this location put to this use. While we agree with them,we base our objections solely on the public safety issues raised here. We have enclosed the requisite appeal fee of$1,200. If the planning staff wishes to meet with us to review this appeal we will make ourselves available upon reasonable notice. You may reach me at 619-438-2790. Sincerely, \\ r /�"(.cewk- &Zb Robert D.Dennis P.O. BOX 4356 0 CARLSBAD, CALIFORNIA 92018 ATTACHMENT 2 J. Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 March 17, 1995 Ty Wai Yep 1923 E. 4th Street Ontario, CA 91764 SUBJECT: CONDITIONAL USE PERMIT NO. 94-6 REQUEST: To establish a 3,484 square foot billiard parlor within an existing commercial building. _LOCATION: 5914 Warner Avenue (south side of Warner Avenue and west of Springdale Street) DATE OF ACTION: March 14, 1995 FINDINGS FOR APPROVAL- CONDITIONAL USE PERA'IIT NO. 94-46: 1. The establishment, maintenance and operation of the proposed 3,494 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity.of such use or building. With the conditions imposed, the use will be compatible with other uses in the center and vicinity. 2. The proposed billiard parlor is consistent with the CG(General Commercial) zoning on the property. There is sufficient parking on site to accommodate the proposed billiard parlor. 3. The granting of Conditional Use Permit No. 94-46 to permit the operation of a billiard parlor will not adversely affect the General Plan of the City of Huntington Beach because the use is consistent with the General Plan designation of Commercial General. 4: The proposed billiard parlor is consistent with the following commercial development and tourism goals and objectives of the City's General Plan. (3.4.2.7) a. To insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents; and March 17, 1995 Page No. 2 b. To promote the development of services and facilities necessary to support a tourist industry by: (1) Continuing to diversify the economic base of the City and increasing the tax base (2) Encouraging development of commercial complexes as centers of activity CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The floor plans received and dated February 8, 1995, shall be the conceptually approved layout. Prior to the issuance of building permits, the conditions herein shall be printed verbatim on the floor plan. 2. This approval is for a billiard parlor with ancillary sale of food. No alcoholic beverages shall be sold for consumption on-site without prior approval of a conditional use permit application. 3. The use shall comply-with the following: a. There shall be a minimum of two adult (21 years of age or older) employees on the premises during hours of operation. b. On Friday and Saturday nights, there shall be a minimum of one (1) security guard on-duty from 7:00 PM until closing. This security guard may be one (1) of the required two (2) adult employees. (PD) c. After 10:00 PM,juveniles (under 18 years of age) must be accompanied by a parent or guardian. (PD) d. All persons upon entering the location shall immediately give an employee a bonafide photo identification. The employee shall retain the identification until the patron leaves. (PD) e. Entering and exiting the building shall be through the front doors only. The rear door(s) shall have alarms which activate if the door is opened during regular business hours. (PD) f. A maximum of four (4) players shall be allowed at a table. Each player is allowed only one (1) pool stick. All non-used pool sticks shall be secured. (PD) g. All cue balls shall be secured except for those at tables where people are playing. (PD) 4. The property owner shall participate in a fair-share cost of any parking area site modifications resulting from the Warner Avenue median modifications provided all property owners within the center agree to participate. (PW) (pcc1024-2) March 17, 1995 Page No. 3 5. 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. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 7. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy approval to verify compliance with all conditions of approval and applicable provisions of the Huntington Beach Municipal Code. If at that time, there is a violation of these conditions or code sections, a public hearing may be scheduled to consider revocation of Conditional Use Permit No. 94-46. (PD) 8. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, notarized, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department including: a. Fire extinguishers shall be installed and located in area to comply with Huntington Beach Fire Code standards. (FD) b. Address numbers shall be installed to comply with City Specification 4428. The size of the numbers for the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) c. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative code, including low level exit signs. (FD) 2. The applicant shall comply with all requirements of the Huntington beach Municipal Code, Chapter 9.32 "Pool and Billiard Halls" including: a. Hours of operation which are limited to between 6:30 AM to 12:30 AM, seven (7) days a week. b. The premise specifications shall conform to Section 9.32.040. (pcc1024-3) March 17, 1995 Page No. 4 3. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. Traffic Impact Fees shall be paid at the time of final inspection of certificate of occupancy. 5. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Municipal.Code occurs. 6. All signs shall conform to Planned Sign Program No. 90-2. I hereby certify the Conditional Use Permit No. 94-46 was approved by the Planning Commission of the City of Huntington Beach on March 14, 1995 upon the foregoing findings and conditions. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott Hess Senior Planner (pcc1024-4) ATTACHMENT 3 PARKING TABULATION SCAP*COVERAGE 1.1 L -.. -,� 11.� � ri � � � � fl �ir�� .il (Ilttll � ll �.l1 « N 11111111M z 0 uj ui L I I I t I i u- z 2 z < =) . LL ao In SITE PLAN A-1 N a <1 m w E 0 EQUIPMENT SCHEDULE p s FRONT 1 T,nk 71 wlhoow N1. I ISM COWER IN J our AS E-STV4 TABLE K) POOL ocm POOL FOOL TABLE 5. TIC-LE POOL TABLE Op 9w FcLpQ Uga S.LL-- CASK-EUST Si'KK 7 9• 14' .91 51 1 Pat TABLEPOOL TABLE 11 -61-10 s�� 12 eot.m' a POOL POOL TAM TAOLE 4 5' 6 Ty 14AI YEP 2 11y 9365 'FRIANT ST -4o' 4.5 61 POOL uar. 7TABLE RANCHO CUCANOMGAL CA, (91730 m (909) 941-4702 67 AS---- PROPERTY OWNER. 54. JACK LEE. 23121 PLAZA POINTE Di ft-IU6 LAGUNA.HILLS. CA,9 26 533' PAR7.7-nom le ' `ss ' ' J rl�E�o kb (714) BE;xmolc POOL 9 PcoL waL 14 7.171 L 1 0 1 'D p T& POOL TAKE au 4 "Ju A.5 44- XlSrP4 CAWAT 51 .11 -StRva 'AREA Atl FXISTING I 71 CLD PtC- R_SN r71 age'.'E d R. . —7'A! ..' - 6, MAP GTINM WALLTST -1 L 71 1 ' '* '4- w5T E 7K. 3! _+E 5'_ 52 1 NAtvE FANWTC 0 BALL cs AIDAM PLO PLAN SQ&E V4•10 L- 36484 sG-"T- T ATTACHMENT 4 Vice- Chairperson: A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO APPOINT COMMISSIONER BIDDLE AS VICE-CHAIRPERSON FOR A PERIOD OF ONE (1)YEAR, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A. ORAL COMMUNICATIONS - (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 94-46: APPLICANT: Ty Wai Yep, 1923 E. 4th Street, Ontario, CA 91764 LOCATION: 5914 Warner Avenue (south side of Warner Avenue and west of Springdale Street) Conditional Use Permit No. 94-46 represents a request to establish a billiard parlor. Billiard parlors are classified by the Zoning and Subdivision Ordinance as commercial recreation and entertainment uses. These uses are subject to conditional use permit approval by the Planning Commission, and the billiard parlor operation is regulated by the Police Department pursuant to Chapter 9.32 of the Huntington Beach Municipal Code. The proposed billiard parlor use consists of 3,484 square feet with 18 pool tables; soft drinks and snacks will be available to the players. The Police Department suggests additional operational conditions be imposed to reduce the possibility of crime-related activity. PC Minutes-3/14/95 2 (p=025) STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve the request with conditions based on the following: Sufficient parking is available for this use. The proposed billiard parlor use is consistent with the general plan designation of Commercial General. The proposed billiard parlor use provides additional recreational opportunities. Conditions of approval are recommended to reduce the Police Department's concerns. THE PUBLIC HEARING WAS OPENED. Robert D. Dennis, 7521 Esfera Street, Carlsbad, representing adjacent business, Family Fitness Center, spoke in opposition to the request. Mr. Dennis stated that the proposed billiard parlor would create a hazardous environment for their clients by attracting teenagers and loiters who may consume alcoholic beverages. Robert H. Elsner, 18377 Beach Boulevard, #326, representing applicant, stated his clients concern with Condition No. 4 that would create an unfair cost to a single business owner. He requested that the condition include wording to provide that all property owners in the center would have to agree to participate in any parking area site modifications resulting from the Warner Avenue median modifications. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Planning Commission discussed the applicant's request to modify Condition No. 4, and mutually agreed to accept the modification. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 94-46 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes-3/14/95 3 (p=025) FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The establishment, maintenance and operation of the proposed 3,484 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. With the conditions imposed, the use will be compatible with other uses in the center and vicinity. 2. The proposed billiard parlor is consistent with the CG(General Commercial) zoning on the property. There is sufficient parking on site to accommodate the proposed billiard parlor. 3. The granting of Conditional Use Permit No. 94-46 to permit the operation of a billiard parlor will not adversely affect the General Plan of the City of Huntington Beach because the use is consistent with the General Plan designation of Commercial General. 4. The proposed billiard parlor is consistent with the following commercial development and tourism goals and objectives of the City's General Plan. (3.4.2.7) a. To insure commercial development.that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents; and b. To promote the development of services and facilities necessary to support a tourist industry by: (1) Continuing to diversify the economic base of the City and increasing the tax base (2) Encouraging development of commercial complexes as centers of activity CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The floor plans received and dated February 8, 1995, shall be the conceptually approved layout. Prior to the issuance of building permits, the conditions herein shall be printed verbatim on the floor plan. 2. This approval is for a billiard parlor with ancillary sale of food. No alcoholic beverages shall be sold for consumption on-site without prior approval of a conditional use permit application. PC Minutes-3/14/95 4 (p=025) 3. The use shall comply with the following: a. There shall be a minimum of two adult (21 years of age or older) employees on the premises during hours of operation. b. On Friday and Saturday nights, there shall be a minimum of one (1) security guard on-duty from 7:00 PM until closing. This security guard may be one (1) of the required two (2) adult employees. (PD) c. After 10:00 PM,juveniles (under 18 years of age) must be accompanied by a parent or guardian. (PD) d. All persons upon entering the location shall immediately give an employee a bonafide photo identification. The employee shall retain the identification until the patron leaves. (PD) e. Entering and exiting the building shall be through the front doors only. The rear door(s) shall have alarms which activate if the door is opened during regular business hours. (PD) f. A maximum of four(4) players shall be allowed at a table. Each player is allowed only one (1) pool stick. All non-used pool sticks shall be secured. (PD) g. All cue balls shall be secured except for those at tables where people are playing. (PD) 4. The property owner shall participate in a fair-share cost of any parking area site modifications resulting from the Warner Avenue median modifications provided all property owners within the center agree to participate. (PW) 5. 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. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 7. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy approval to verify compliance with all conditions of approval and applicable provisions of the Huntington Beach Municipal Code. If at that time, there is a violation of these conditions or code sections, a public hearing may be scheduled to consider revocation of Conditional Use Permit No. 94-46. (PD) PC Minutes-3/14/95 5 (p=025) • • 8. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, notarized, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department including: a. Fire extinguishers shall be installed and located in area to comply with Huntington Beach Fire Code standards. (FD) b. Address numbers shall be installed to comply with City Specification#428. The size of the numbers for the building shall be sized a minimum of six(6) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) c. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative code, including low level exit signs. (FD) 2. The applicant shall comply with all requirements of the Huntington beach Municipal Code, Chapter 9.32 "Pool and Billiard Halls" including: a. Hours of operation which are limited to between 6:30 AM to 12:30 AM, seven (7) days a week. b. The premise specifications shall conform to Section 9.32.040. 3. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. Traffic Impact Fees shall be paid at the time of final inspection of certificate of occupancy. 5. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Municipal Code occurs. 6. All signs shall conform to Planned Sign Program No. 90-2. PC Minutes-3/14/95 6 (p=025) ATTACHMENT 5 !1! :<: nh cD. mn armerim gan n.B h if : :: ' t: IT TO: Planning Commission FROM: Howard Zelefsky, Planning Dir=Jor BY: Susan Pierce, Associate Plarl6e. DATE: March 14, 1995 SUBJECT: CONDITIONAL USE PERMIT NO. 94-46 LOCATION: 5914 Warner Avenue (south side of Warner Avenue and west of Springdale Street) STATEMENT OF ISSUE: Conditional Use Permit No. 94-46 represents a request to establish a billiard parlor. Billiard parlors are classified by the Zoning and Subdivision Ordinance as commercial recreation and entertainment uses. These uses are subject to conditional use permit approval by the Planning Commission, and the billiard parlor operation is regulated by the Police Department pursuant to Chapter 9.32 of the Huntington Beach Municipal Code. The proposed billiard parlor use consists of 3,484 square feet with 18 pool tables; soft drinks and snacks will be available to the players. The Police Department suggests additional operational conditions be imposed to reduce the possibility of crime-related activity. Staff is recommending the Planning Commission approve the request with conditions based on the following: • Sufficient parking is available for this use. • The proposed billiard parlor use is consistent with the general plan designation of Commercial General. • The proposed billiard parlor use provides additional recreational opportunities. • Conditions of approval are recommended to reduce the Police Department's concerns. RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 94-46 with findings and suggested conditions of approval." • v +, ARGOSY ' MC FADI EN CENTER ' I FDINGER HEA. ♦ — — WARNER �. •♦ ♦ SLATER A 7 �'�q•♦ ♦ TAL.BERT • ELLIS z ` R SITEElLRFTFLD / YORKTOWN / 'l ADAMS 5V 1 /INDIANAPOLIS ARNER AVE. / b • • ATLANiA ul / HAMII''f0 HAMII.TON i c 'la BANNING . y •wq Yl / Q V / toL / S • I 1 R, CONDITIONAL USE PERMIT 94-46 HUNTINGTON BEACH PLANNING DIVISION GENERAL INFORMATION: APPLICANT: Ty Wai Yep, 1923 E. 4th Street, Ontario, CA 91764 PROPERTY OWNER: Old West Center, 23121 Plaza Pointe Dr., #106, Laguna Hills, CA 92653 REQUEST: To establish a 3,484 square foot billiard parlor within an existing commercial building. DATE ACCEPTED: February 16, 1995 SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: Subiect Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: CG-FP2, General Commercial - Floodplain Overlay LAND USE: Retail commercial North of Subiect Property (across Warner Avenue): GENERAL PLAN DESIGNATION: Commercial General ZONE: CG-FP2, General Commercial - Floodplain Overlay LAND USE: Retail commercial East of Subiect Property (across Springdale Street): GENERAL PLAN DESIGNATION: Commercial General ZONE: CG-FP2, General Commercial - Floodplain Overlay LAND USE: Retail commercial South of Subiect Property: GENERAL PLAN DESIGNATION: Residential Medium Density ZONE: RM-FP2, Residential Medium Density -Floodplain Overlay LAND USE: Multi-family residential Staff Report-3/14/95 2 - (pcsr127) West of Subject Property (across Flood Control Channel): GENERAL PLAN DESIGNATION: Residential Low Density ZONE: RL-FP2, Residential Low Density - Floodplain Overlay LAND USE: Single Family Residential PROJECT PROPOSAL: The proposed billiard parlor is located within an existing shopping center(Huntington Square Shopping Center) and will occupy two suites for a total of 3,484 square feet. The applicant's narrative indicates that snacks and soft drinks will be available. Because no alcoholic beverages are proposed to be sold, the billiard parlor is open to anyone including minors. The billiard parlor will provide 18 pool tables and three employees. Proposed hours of operation are 11:00 AM to 1:00 AM Monday through Thursday and 11:00 AM to 2:00 AM Friday through Sunday. Commercial recreation and entertainment uses such as billiard parlors are subject to conditional use permit approval by the Planning Commission (Section 211.04). In addition, Chapter 9.32 of the Huntington Beach Municipal Code includes additional criteria for such uses. Zoning Compliance The proposed use conforms with CG, General Commercial zoning. Parking requirements for commercial recreation and entertainment uses vary depending upon the specific type of use. Electronic game centers require 1 space per 200 square feet of gross floor area. Planning staff has determined that a billiard parlor is similar to a game center; therefore, 18 parking spaces are required for this use. This number of parking spaces is the same required for the previous retail use; thus, no additional spaces are required. ISSUES: General Plan Conformance: Billiard parlors are a commercial use classification which conforms with the General Plan designation of Commercial General. Environmental Status: The proposed use is categorically exempt pursuant to Class 1 Section 15301 of the California Environmental Quality Act. Coastal Status: Not applicable. Staff Report-3/14/95 3 (pcsi127) Redevelopment Status: Not applicable. Design Review Board: Not applicable: Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works and Fire and Building Division have recommended conditions which are incorporated into the conditions of approval. The Department of Public Works is concerned with the effect the future median modification on Warner Avenue will have on this shopping center and recommends that the applicant/property owner participate on a fair share basis in any costs related to the reconfiguration of parking, parking lot lighting, signing, landscaping, and any other costs associated with the street modifications. The Police Department has concerns that the proposed use may become a policing problem and has recommended conditions which are incorporated into the conditions of approval. Such conditions pertain to operational requirements and include posting of identification upon entering the facility, security of non- used pool sticks and cue balls, maximum number of players at a table, and an on-site security guard on weekend nights. These conditions are representative of those imposed on other billiard parlors in Huntington Beach. ANALYSIS: The hours of operation are regulated by Chapter 9.32 of the Huntington Beach Municipal Code. This chapter limits the business hours of billiard parlors to between 6:30 AM and 12:30 AM, therefore, the applicant will not be allowed to operated past 12:30 AM. Because of the number of pool tables and the types of conditions imposed, staff is recommending that a minimum of two (2) adult employees be present at all times during the hours of operation. The Public Works Department is currently considering a median island modification on Warner Avenue to shift left turn lane locations as requested by some of the surrounding businesses. This modification is not expected to have any adverse affect on the uses within the commercial center. These improvements, however, may necessitate some on-site modifications, e.g., reconfiguration of parking, parking lot lighting, landscaping, and signing. Although the property owner does not own property adjacent to Warner Avenue, the property owner does have a reciprocal right to use the parking area and access points adjacent to Warner. Staff recommends that, as a condition of approval on this application, the property owner should be required to participate on a fair share basis in any costs related to the on-site modifications necessitated by future street modifications. Staff Report-3/14/95 4 (pcsrl27) SUMMARY: Staff recommends that the Planning Commission approve the conditional use permit to establish a billiards parlor because: Sufficient parking is available for this use. The proposed billiard parlor use is consistent with the general plan designation of Commercial General. The proposed billiard parlor use provides additional recreational opportunities. Conditions of approval are recommended to reduce the Police Department's concerns and make the use compatible with other uses in the center. ALTERNATIVE ACTION: The Planning Commission may deny Conditional Use Permit No. 94-46 with findings for denial. ATTACHMENTS: 1. Findings and Conditions for Approval 2. Site Plan dated November 4, 1993, and Floor Plans dated February 8, 1995 3. Narrative SH:SP:kjl Staff Report-3/14/95 - 5 (pcsr127) ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 94-46 FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The establishment, maintenance and operation of the proposed 3,484_square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. With the conditions imposed, the use will be compatible with other uses in the center and vicinity. 2. The proposed billiard parlor is consistent with the CG(General Commercial) zoning on the property. There is sufficient parking on site to accommodate the proposed billiard parlor. 3. The granting of Conditional Use Permit No. 94-46 to permit the operation of a billiard parlor will not adversely affect the General Plan of the City of Huntington Beach because the use is consistent with the General Plan designation of Commercial General. 4. The proposed billiard parlor is consistent with the following commercial development and tourism goals and objectives of the City's General Plan. (3.4.2.7) a. To insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents; and b. To promote the development of services and facilities necessary to support a tourist industry by: (1) Continuing to diversify the economic base of the City and increasing the tax base (2) Encouraging development of commercial complexes as centers of activity SUGGESTED CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The floor plans received and dated February 8, 1995, shall be the conceptually approved layout. Prior to the issuance of building permits, the conditions herein shall be printed verbatim on the floor plan. 2. This approval is for a billiard parlor with ancillary sale of food. No alcoholic beverages shall be sold for consumption on-site without prior approval of a conditional use permit application. Attachment-3/14/95 (pcsr127-6) 3. The use shall comply with the following: a. There shall be a minimum of two adult (21 years of age or older) employees on the premises during hours of operation. b. On Friday and Saturday nights, there shall be a minimum of one (1) security guard on-duty from 7:00 PM until closing. This security guard may be one (1) of the required two (2) adult employees. (PD) c. After 10:00 PM,juveniles (under 18 years of age) must be accompanied by a parent or guardian. (PD) d. All persons upon entering the location shall immediately give an employee a bonafide photo identification. The employee shall retain the identification until the patron leaves. (PD) e. Entering and exiting the building shall be through the front doors only. The rear door(s) shall have alarms which activate if the door is opened during regular business hours. (PD) f. A maximum of four (4) players shall be allowed at a table. Each player is allowed only one (1) pool stick. All non-used pool sticks shall be secured. (PD) g. All cue balls shall be secured except for those at tables where people are playing. (PD) 4. The property owner shall participate in a fair-share cost of any parking area site modifications resulting from the Warner Avenue median modifications. (PW) 5. 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. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 7. A review of the use shall be conducted within six(6) months of the issuance of Certificate of Occupancy approval to verify compliance with all conditions of approval and applicable provisions of the Huntington Beach Municipal Code. If at that time, there is a violation of these conditions or code sections, a public hearing may be scheduled to consider revocation of Conditional Use Permit No. 94-46. (PD) 8. This conditional use permit shall not become effective for any purpose until an"Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, notarized, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. Attachment-3/14/95 - (pcsrl27-7) V • CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department including: a. Fire extinguishers shall be installed and located in area to comply with Huntington Beach Fire Code standards. (FD) b. Address numbers shall be installed to comply with City Specification#428. The size of the numbers for the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) c. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative code, including low level exit signs. (FD) 2. The applicant shall comply with all requirements of the Huntington beach Municipal Code, Chapter 9.32 "Pool and Billiard Halls" including: a. Hours of operation which are limited to between 6:30 AM to 12:30 AM, seven (7) days a week. b. The premise specifications shall conform to Section 9.32.040. 3. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. Traffic Impact Fees shall be paid at the time of final inspection of certificate of occupancy. 5. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Municipal Code occurs. 6. All signs shall conform to Planned Sign Program No. 90-2. Attachment-3/14/95 (pcsrl27-8) Fantastics' 8 Ball A). Cite reasons for initiating this application is use for Billiards parlor, soft drinks and snacks. For general used snacks and beverages are pre-packages, dispensing pop, and coin operated. B). Area description in the Old West Center Services for 85 people. C). Description of project and services is for Games and Pool Tables, 3484 Sq. Ft. and the number of employees are going to be three(3)people. D). Description of the property use to the South, North, East, and West of the entire shopping center. For example, the property to the south is used as a residential apartment complex, property to the east, and north are used as general commercial shopping center. Property to the west is used for general commercial and residential complex. If you have any questions, please contact me at(909)980-4518. or contact Jack Lee (714)855-0282 Property Owner. Sincerely, Ty Wai Yep n� ATTACHMENT 6 ALTERNATIVE FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 94-46 FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The establishment, maintenance and operation of the proposed 3,484 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. With the conditions imposed, the use will be compatible with other uses in the center and vicinity. 2. The proposed billiard parlor is consistent with the CG(General Commercial) zoning on the property. There is sufficient parking on site to accommodate the proposed billiard parlor. 3. The granting of Conditional Use Permit No. 94-46 to permit the operation of a billiard parlor will not adversely affect the General Plan of the City of Huntington Beach because the use is consistent with the General Plan designation of Commercial General. 4. The proposed billiard parlor is consistent with the following commercial development and tourism goals and objectives of the City's General Plan. (3.4.2.7) a. To insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents; and b. To promote the development of services and facilities necessary to support a tourist industry by: (1) Continuing to diversify the economic base of the City and increasing the tax base (2) Encouraging development of commercial complexes as centers of activity SUGGESTED CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 94-46: 1. The floor plans received and dated February 8, 1995, shall be the conceptually approved layout. Prior to the issuance of building permits, the conditions herein shall be printed verbatim on the floor plan. 2. This approval is for a billiard parlor with ancillary sale of food. No alcoholic beverages shall be sold for consumption on-site without prior approval of a conditional use permit application. 3. The use shall comply with the following: a. There shall be a minimum of two adult (21 years of age or older) employees on the premises during hours of operation. b. On Friday and Saturday nights, there shall be a minimum of one (1) security guard on- duty from 7:00 PM until closing. to monitor the parking area to ensure that loitering does not occur in the Huntington Square Shopping Center. c. After 10:00 PM,juveniles (under 18 years of age) must be accompanied by a parent or guardian. (PD) d. All persons upon entering the location shall immediately give an employee a bonafide photo identification. The employee shall retain the identification until the patron leaves. (PD) e. Entering and exiting the building shall be through the front doors only. The rear door(s) shall have alarms which activate if the door is opened during regular business hours. (PD) f. A maximum of four(4) players shall be allowed at a table. Each player is allowed only one (1) pool stick. All non-used pool sticks shall be secured. (PD) g. All cue balls shall be secured except for those at tables where people are playing. (PD) 4. The property owner shall participate in a fair-share cost of any parking area site modifications resulting from the Warner Avenue median modifications. (PW) 5. Exterior lighting shall be provided on the billiard parlor facility. The lighting shall be high-pressure sodium vapor lamps or similar entery savings lamps. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and building elevations. 6. 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. 7. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 8. A review of the use shall be conducted within six(6) months of the issuance of Certificate of Occupancy approval to verify compliance with all conditions of approval and applicable provisions of the Huntington Beach Municipal Code. If at that time, there is a violation of these conditions or code sections, a public hearing may be scheduled to consider revocation of Conditional Use Permit No. 94-46. (PD) 9. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, notarized, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. CODE REOUHMMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department including: a. Fire extinguishers shall be installed and located in area to comply with Huntington Beach Fire Code.standards. (FD) b. Address numbers shall be installed to comply with City Specification#428. The size of the numbers for the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) c. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative code, including low level exit signs. (FD) 2. The applicant shall comply with all requirements of the Huntington beach Municipal Code, Chapter 9.32 "Pool and Billiard Halls" including: a. Hours of operation which are limited to between 6:30 AM to 12:30 AM, seven(7) days a week. b. The premise specifications shall conform to Section 9.32.040. 3. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. Traffic Impact Fees shall be paid at the time of final inspection of certificate of occupancy. 5. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Municipal Code occurs. 6. All signs shall conform to Planned Sign Program No. 90-2. g:\res95\cd 95-22a i :,._PUBLIC!NOTICE;:_ „NOTICE.OF PROOF OF PUBLICATION eE OF ET�CITY COUNCIL OF:THE CITY OF .HUNTINOTOH_BEACH I STATE O F CALIFORNIA) EN- the 'IS'o `HEREBY.' GIVEN that ,on_ Mondayy,; May t,,-1995,at 7:00 PM In the Clty Council Chambers, SS 2000 Maln-Strest, Hunting- . ton Beach,the City Council Will hold a`�publlc hearing . County of Orange ) on the foliowPnq.Items: APPEAL TO THE PLAN- 0 COMMISSION'S CONDITIONAL APPROVAL I am a Citizen of the United States and a PE CONDITIONAL. USE PERMIT N0.9448 (Billiard Parlor); Applicant: Ty Wal resident of the County aforesaid; I am Yap -Appellant:;Robert D. Dennis, Family Fitness over the.age of eighteen years, and not a jCenters---To establish a _ 3;484 square foot billiard party to or interested in the below parlor within an existing commercial'building. Loca- entitled matter. I am a principal clerk of lion-5914 Warner Avenue (south side of Warner and west of Springdale Street). the HUNTINGTON BEACH INDEPENDENT, a Planner Assigned; Susan Pierce newspaper of general circulation, printed 2. CODE AMENDMENT NO. 95-2 ADULT BUSI- and published in the City of Huntington NESSLOCATIONALCRITE- p ty g TA); Applicant: City of-. Beach, County of Orange, State of HuntinatQn Beach; Depart :ment of;CommuNty�Devel-. California and that attached Notice is a opment-To,fla applicable I e � oatlonal criteria.applicable to'.adult businesses,~Lock- ; true and complete copy as was printed lion -;General:Commercial- and published in the Huntington Beach and`._lce Commercial Zones Planner Assigned Susan Pierce and Fountain Issues of said NOTICE IS HEREBY, -Valley GIVEN. that-•the above . newspaper to wit the issue(s) of: nen;�a). 1 and 2 are::pat egor cally exempt from tha; pprovisions of the;Callfomlal Environment 1g9allty_Aat c ON.FILE: A Copy.-of;the; roposod requests are on., April 20 1995 lire In .the`Department of-c r Community-,.Dey_elopment,'t 2000 Main Street,.Hbgyr!g-: ton•.Beach,';Cellfornla ; 92648, ,for Inspection-by-[ the public. A.copy.:of ilia:;; Staff`report:will be avail- able to Interested.pparties'at . the.City'Cierk's;Offlce after April 27,1995. I declarer penalty under of perjury, that ALL INTERESTED PER SONS are In4fted to-attend the foregoing is true and correct. in'hearing and_express opinions ,or submit. evI•.` dance--for or against the a plicatlon(s) as outlined above.If you challenge this Clty Council's action In I f;• , 1 ;court,-you may.be limited . L.�C l iJ LC U l)i t April 2 U r i 9 9 5 to raising only those Issues you. or someone else at Costa Mesa, California. :Wsed.at the pulJ00hearing, ;described in this'notice,":or:, ln>=written corresppondence-,' idetivered to the CltyafEor; ,prior to;+the pub llc'hearing: :lf:athere are." an Turther•_ questions please-call_the; �Planning-Dlylslori at_;536 527Jr:end refer;,to 'the above Dlrect=your wiltton co - niunlcations to the 'City-: i' i Clerk Connie Brockway, Si nature . City Clerk g Clty of =Huntington Beach, 2000 Main Street,2nd Floor;Hun: tington Beach,-CA 92848•--(714)538-5227 . 'Published Huntington Beach•Fountaln Valley Independent .April 20,• 1995. 043-287 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday,May 1, 1995,at 7:00 PM in the City Council Chambers, 2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following items: 1. APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO.94-46 Billiard Parlor): Applicant: Ty Wai Yep- Appellant: Robert D. Dennis,Family Fitness Centers-To establish a 3,484 square foot billiard parlor within an existing commercial building.Location-5914 Warner Avenue(south side of Warner and west of Springdale Street). Planner Assigned: Susan Pierce ❑ 2. CODE AMENDMENT NO. 95-2(ADULT BUSINESS LOCATIONAL CRITERIA): Applicant: City of Huntington Beach,Department of Community Development-To amend the locational criteria applicable to adult businesses. Location-General Commercial and Office Commercial Zones. Planner Assigned: Susan Pierce NOTICE IS HEREBY GIVEN that the above Item(s)#1 and 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed requests are on file in the Department of Community Development, 2000 Main Street,Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after April 27, 1995. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application(s)as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to, the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach,CA 92648(714) 536-5227 (CCLG00501-I) 110 301 07 1 110 30108 2 110 301 09 3 Michael S&Teresa L Simpson James Dean Lewis Richard&Doris Hartman 6031 Summerdale Dr 6021 Summerdale Dr 2128 Forbes Ave Huntington Beach CA 92647 Huntington Beach CA 92647 Santa Clara CA 95050 110 301 10 4 110 301 11 5 110 301 12 6 Eugene E Smith Clayton&Elizabeth Platt Yoshihiro B Kawauchi 17111 Treehaven Ln 17121 Treehaven Ln 17131 Treehaven Ln Huntington Beach CA 92647 Huntington Beach CA 92647 Huntington Beach CA 92647 110 301 32 7 110 301 33 8 110 301 34 9 BURTIS CORP SPARKS ENTERPRISES SPARKS ENTERPRISES PO Box 7600 PO Box 1477 PO Box 1477 Los Angeles CA 90051 Huntington Beach CA 92647 Huntington Beach CA 92647 110 301 36 10 146 171 13 11 146 312 15 12 SPARKS ENTERPRISES Stephen V Andrews Danny Hyska - PO Box 1477 29288 Whitley Collins Dr 5792 View Cir Huntington Beach CA 92647 Rancho Palos Verdes CA 90274 Huntington Beach CA 92649 146 312 19 13 146 312 22 14 146 313 08 15 Steven L'heureux Douglas D Davenport ATLANTIC RICHFIELD CO 16962 Lark Ln PO Box 1848 PO Box 2485 Huntington Beach CA 92649 Huntington Beach CA 92647 Los Angeles CA 90051 146 313 09 16 146 313 11 17 163 071 09 18 Evans Kitsigianis John E Schwartz Ronald C Graft 3903 Ridgemont Dr 6210 W Ocean Front 17151 Apel Ln Malibu CA 90265 Newport Beach CA 92663 Huntington Beach CA 92649 163 071 10 - 19 163 071 11 20 163 071 12 21 Donald R Peters Robert F&Kathy E Williams Dennis M Gurden 5811 Brannen Dr 5821 Brannen Dr 5831 Brannen Dr Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 163 071 13 22 163 071 14 23 163 071 15 24 Paul&Yumi Fujita Patricia Anne Brewis Dung&Be Thi Tran 5841 Brannen Dr 5851 Brannen Dr 5861 Brannen Dr Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 163 071 16 25 163 071 17 26 163 071 18 27 FLORES JULIAIV R Roy&Nancy Nakaji William R Prince 5871 Brannen Dr 5881 Brannen Dr 5891 Brannen Dr Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 163 071 19 28 163 07120 29 163 07121 30 Emil Sokierko Gilbert G Albert Paterno L Evangelista 2870 Zell Dr 5921 Brannen Dr 5931 Brannen Dr Laguna Beach CA 92651 Huntington Beach CA 92649 Huntington Beach CA 92649 163 071 22 31 163 071 23 32 163 071 24 33 Pamela C Vecchi Ruben&Tina Montanez Paul F Amuchastegui 5941 Brannen Dr 5951 Brannen Dr 5961 Brannen Dr Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 163 080 02 34 163 080 03 35 163 080 04 36 John H Horner Maudelene Dutton Leon Lyon PO Box 8858 9940 Westwanda Dr 4490 Von Karman Ave Newport Beach CA 92658 Beverly Hills CA 90210 Newport Beach CA 92660 163 080 08 37 163 080 10 38 163 080 12 39 Samuel Elster Ju-Long&Sue May Lee Land Betty 28087 Calle Valdes 16750 Camino Sierra Del Su 8813 Villa La Jolla Dr#2 Mission Viejo CA 92692 Rancho Santa Fe CA 92067 La Jolla CA 92037 163 080 13 40 163 08014 41 163 080 15 42 Land Betty Marie Baklayan Ju-Long&Sue May Lee 8813 Villa La Jolla Dr#2 6253 Hollywood Blvd#101 16750 Camino Sierra Del Su La Jolla CA 92037 Los Angeles CA 90028 Rancho Santa Fe CA 92067 163 091 09 43 163 091 10 44 163 091 11 45 Charles R Northrup Wanda Lee Miller Jeffrey William Huey 5781 Rogers Dr 5791 Rogers Dr 5792 Rogers Dr Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 163 091 12 46 163 091 13 47 163 09120 48 Gerald Chizek Nicholas A Iavenditti William John&Marti M Rice 5182 Rogers Dr 5762 Rogers Dr 5771 Whistler Cir Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 163 09121 49 163 09122 50 Roy W Medsker Robin Jon Adesko Fa-+'►► I y F�-��css Grr�vs 3636 Esperanza Dr 5772 Whistler Cir P•0 13)Ox Chino CA 91710 Huntington Beach CA 92649 CA-V is bu d, CA 9 2-01 Ty VUa P a c-k Le-e 19 7,3 F . (1 St Z-.1) 17-I oG Dvt-�a v o CA- y -7(oy )-dgu."a 6A v z&SS3 Tenant Tenant Tenant 5902 Warner Ave 5904 Warner Ave 5906 Warner Ave Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 Tenant Tenant Tenant 5908 Warner Ave 5910 Warner Ave 5914 Warner Ave Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 Tenant Tenant Tenant 5928 Warner Ave 5932 Warner Ave 5934 Warner Ave Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 Tenant Tenant Tenant 5936 Warner Ave 5938 Warner Ave 5940-a Warner Ave Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 Tenant Tenant Tenant 5940-b Warner Ave 5940-c Warner Ave 5940-d Warner Ave Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 Tenant Tenant Tenant 5960 Warner Ave 5966 Warner Ave 5972 Warner Ave Huntington Beach CA 92649 Huntington Beach CA 92649 Huntington Beach CA 92649 Tenant -T-1-1111-t-• 17071 Springdale St 58s'G Warnw {}vim SXss� War�w Huntington G -c- Huntington Beach CA beacj, .L4 9a(.,I9 u4 9ZGu5 92649 T&-,,a,,,,t- ,.`a.,,�. n T6t- Ti -,.` p t 591�o Da,-ne y 74 vt S9 z 2- wa.vne;r- Aut- 5'9gy1 n9lah"3{aC,4L6.241 Ie.,a,,t- SyaG 55,3v wmen�ew ,4ve. 4",md�kiq61 bewcA Oyu uq NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday,May 1, 1995,at 7:00 PM in the City Council Chambers, 2000 Main Street,Huntington Beach, the City Council will hold a public hearing on the following items: APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO.94-46 Billiard Parlor): Applicant: Ty Wai Yep- Appellant: Robert D. Dennis,Family Fitness Centers-To establish a 3,484 square foot billiard parlor within an existing commercial building. Location-5914 Warner Avenue(south side of Warner and west of Springdale Street). Planner Assigned: Susan Pierce ❑ 2. CODE AMENDMENT NO.95-2(ADULT BUSINESS LOCATIONAL CRITERIA): Applicant: City of Huntington Beach,Department of Community Development-To amend the locational criteria applicable to adult businesses. Location-General Commercial and Office Commercial Zones. Planner Assigned: Susan Pierce NOTICE IS HEREBY GIVEN that the above Item(s)#1 and 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed requests are on file in the Department of Community Development, 2000 Main Street,Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after April 27, 1995. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application(s)as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach, CA 92648 (714)536-5227 (CCLG00501-1) • REQUEST FOR LATE SUBMITTAL OF RCA .... . Department: RCA 95 �L'�yi'�2�su� Title - _ 9k- o Council MeetingDate: —/- of Date of This Re uest: L .0 o - qs REASON (Why is this RCA being submitted late?): EXPLANATION (Why is this RCA necessary to this agenda?): CONSEQUENCES How shall delay of this RCA adversely impact the City?): Signature: O Approved O Denied proved O Denied Initials Required _ De artment Head Ra Silver Mic ae Uberua a Request for Late Submittal Requests for Council Action (RCA's) are due and considered late after the City Administrator's deadline which is 5:00 P.M. Wednesday ten days prior to the Council meeting at which the item is to be heard. This deadline reflects the time needed prior to Agenda Review for Administration staff and the City Administrator to review all RCA's and their support material prior to forwarding them to the City Clerk for placement on the preliminary agenda. It also provides time for the City Clerk's office to review the item and add proper wording for the item to the preliminary agenda for discussion at Agenda Review the following Monday. The Request for Late Submittal form provides a vehicle for RCA's to be submitted after the Wednesday, deadline when there are extenuating circumstances which delayed the item and when action on the item is necessary at the upcoming Council meeting. Late items can agendized only with signed authorization on the Request for Late Submittal form by the Assistant-City Administrator or the City Administrator. RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development SUBJECT: Conditional Use Permit No. 94-46 Appeal COUNCIL MEETING DATE: May 1 , 1995 RGA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS .... REVIEWED OR` DEDF Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATIO>N FOR RETURN OF ITEM Space . Only) �. Connie B4c way,airy Clerk i City of Huntington Beach /,�`"` Office of the City Clerk P.O.Box 190 NJ' ,��• :s ,< r r,'f 20 ;:� s I t ; Huntington Beach,CA 92648 4J 5 ,h: K_ :;.,, , • �L / ; Tenant 5914 Warner Ave I NGTpy Huntington Beach CA 92649411 O =NGOR POgq F 01. -71 17. ppUNTV Ca LEGAL NOTICE - PUBLIC HEARING ' II11111111111111�11,Illltltlllllllllllllllllllll,11t1111111111 � --s'-, 77:1 i " .-. ! 4 ".1's,•r.,, r -Is ,`s tt r 1.}r Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 , y APR D y5 Huntington Beach,CA 92648 E ei ;• y Tenant ,.1 5902 Warner Ave j INGTpy Huntington Beach CA 92649 CpUNTY cps LEGAL NOTICE - PUBLIC HEARING II11111lI11111111111111111111I III1111111111111111111111111 L11 110 301 09 , 3 90SEL, 301 11 5 jWO1 32 7 RICHARD&DORIS HARTMAN JOSEPH TR UNION OIL CO OF CAL 7041 ROGERS STREET 17121 TREEHAVEN LN PROPERTY TAX DIV LAS VEGAS NV 98118 HUNTINGTON BEACH CA 92647 P.O. BOX 7600 LOS ANGELES CA 90051 110 301 34 9 110 301 33 8 110 301 36 10 SPARKS ENTERPRISES SPARKS ENTERPRISES SPARKS ENTERPRISES P.O. BOX 1921 P.O.BOX 1921 P.O. BOX 1921 HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 163 080 10 38 163 071 14 23 163 071 15 24 JU-LONG&SUE MAY LEE PATRICIA ANNE BREWIS MATTAR,BRENTON &TR 28857 CRESTRIDGE RD 3 ORION 5861 BRANNEN DR RANCHO PALOS VERDES, CA 90274 IRVINE CA 92715 HUNTINGTON BEACH CA 92649 163 071 17 26 163 071 19 28 163 071 23 32 DAVID J. WOYSHNER EMIL SOKIERKO GRANT,JOHNSON 5881 BRANNEN DR 2870 ZELL DRIVE 836 LAKE RIDGE RD HUNTINGTON BEACH CA LAGUNA BEACH CA 92642 LAKE ALAMANOR CA 96137 163 071 24 33 163 080 12 39& 163 080 13 40 163 080 08 PAUL F. AMUCHASTEGUI SILLS, SUSAN D TR SAMUEL ELSTER 5961 BRANNEN DR 11374 HOMEDAK STREET 28087 CALLE VALDES HUNTINGTON BEACH CA 92647 LOS ANGELES CA 90049 MISSION VIEJO CA 92675 4 Connie Brockway, City ClerkCit Y Of Huntington Beach Office of the City Clerk P.O. Box 190 C"J��y�.�� Huntington Beach, CA 92648 J�I ( 163 080 15 42 TING �'Gk`71 Ju-Long&Sue May Lee t X. �I. _!J , I COfl PORq ,`°` Vf�✓►,p�,,Q � Cg, Rancho Santa Fe CA 92067 G N �, F r .r;. �r; �� -• _, r. i LEGAL j�. ,BLIC HEARING L I11 I1: 1=1 Connie Brockway,City Clerk ��• - --� City of Huntington Beach Office of the City Clerk •- . _• ` f=' " 7.7 Z 7 _ P.O. Box 190 r :- Huntington Beach CA 92648 f Ot / 5 146 312 22 14 �7 ort D Davenport - Douglas P MINGTpy DAVES48 926474011 1494 04/22/95 FORWARDING TIME EXPIRED Z RT 3685NSOHIGHLAND DR 415 LAS VEGAS NV 89103-5716 �•_-' - _a° q� RF-1'0'%' T(' SF"'r'FR NOTICE OF A&AL TO PLANNING COMMIS N ACTION OF March 14, 1995 Date of Planning Commission Action TO: Planning Dept (2copies) DATE: 3/24/95 City Attorney (1 copy) FILED BY Robert D. Dennis REGARDING: CUP No. 94-46 Family Fitness Centers 5914 Warner Avenue (Warner & Springdale St.) Tentative Date for Public Hearing: Copy of Appeal Letter attached. LEGAL NOTICE AND A.P.MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk x5227 I tf � y 1 y' I � ,1 q. Connie Brockway,City Clerk City of Huntington Beach sti .... ....... ��`y � Office of the City Clerk % P.O. Box 190 Ay•'� „ ti Pli f 20 05 1� •. .� r 'u y. I � r ��, I Huntington Beach,CA 9848 1 G> ','.� ............................ ...�........ 163 071 14 23 Patricia Anne Brewis 5851 Brannen Dr �pNTINGTOh Huntington Beach CA 9264941 to '�►�, > ,LOH pa BREWa51 926491026 IN 04/24/95 RETURN TO SENDER NO FORWARD ORDER ON FILE Z UNABLE TO FORWARD RETURN TO SENDER Cj� 77,1909• \� �UUNTI'% LEGAL NOTICE - PUBLIC HEARING