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Public Hearing-Appeal PC revision CUP 90-50-expand live ente
-"fe CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 21, 1994 Michael Niccole 520 Main Street ( Huntington Beach, CA 92648 The City Council of the City of Huntington Beach at the Council meeting held September 12, 1994 approve the six month review of Conditional Use Permit No. 90-50 with all its conditions of approval applicable with an additional condition that prior to commencing live entertainment,the applicant shall submit approval from the Alcoholic Beverage Board. Council will re-evaluate the use m six months if ABC modifies the alcoholic beverage license conditions. If you have any questions regarding this matter please call the City Clerk's office at(714) 536- 5227. Connie Brockway City Clerk Evelyn Schubert Deputy City Clerk g:cc\cbmem\niccole Telephone:714-536-5227) STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, September 12, 1994 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Moulton-Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:00 p.m. PRESENT: Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan, Silva (arrived 6:57 p.m.) ABSENT: None (City Council) PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 6, 1994-SIX MONTH REVIEW-TO REVIEW COMPLIANCE WITH CONDITIONS OF CONDITIONAL USE PERMIT NO. 90-50 - NICCOLE'S RESTAURANT- LIVE ENTERTAINMENT- MAIN AND SIXTH STREETS -APPROVED (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Conditional Use Permit No. 90-50 (Six Month Review) APPLICANT: Michael Niccole LOCATION: 520 Main Street (Northeasterly Corner of Main Street and Sixth Street) ZONE: Downtown Specific Plan, District 6 REQUEST: To review compliance to the conditions set forth in Conditional Use Permit No. 90-50 in order to re-establish live entertainment consisting of unamplified acoustical in an existing restaurant. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Conditional Use Permit No. 90-50 is exempt from a Coastal Development Permit pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. The Community Development Director presented a staff report. I 4 Page 4 - Statement of Action A motion was made by Bauer, seconded by Leipzig, to approve the six month review of Conditional Use Permit No. 90-50 with all conditions of approval applicable and approve alternative action with additional conditions (a) prior to commencing live entertainment, the applicant shall submit approval from the Alcoholic Beverage Board and (b) to reevaluate the use in six months if ABC modifies the alcoholic beverage license conditions. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: None Mayor Moulton-Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the.City Council of the City of Huntington Beach, California ATTEST: /s/ Connie Brockway /s/ Linda Moulton-Patterson City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach )---� I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 12th day of September, 1994. _Witness my hand and seal of the said City of Huntington Beach this the 13th day of September, 1994. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deput ity Clerk G/MJ/94stact APPROVED BY CITY COUNCIL. As 9m ENDre p REQUEST FOR CITY COUNCIL A �Ulf C' " Date: September 6, 1994 Submitted to: Honorable Mayor and City Council Me bers CD94-66 Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Melanie S. Fallon, Director of Community Development 41P Subject: SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 (Removed from Table July 18, 1994) Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Altemative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for City Council consideration is a six month review of Conditional Use Permit No. 90-50 for live entertainment at Niccole's Ristorante at 520 Main Street. At the March 1, 1993, meeting, the City Council tabled the six month review to allow the applicant an opportunity to meet with interested parties in an attempt to mediate concerns which were identified at the February 16, 1993 City Council meeting regarding the live entertainment operations. Since the March meeting, the applicant has not conducted any live entertainment. At the request of the applicant, the City Council removed the six month review from the table on July 18, 1994, to allow completion of the required review so that live entertainment may commence. RECOMMENDATION: Motion to: "Approve the six month review of Conditional Use Permit No. 90-50 with all conditions of approval applicable and with an additional condition that prior to commencing live entertainment, th applicant shall submit approval from the Alcoholic Beverage Board." f-n re-evnlua fie e- use i►) SrX 46C rnod�'��' -c¢. /co ho/� % e v2rcr�e ANALYSIS• l''ce n5e CDnd1V-7`0rs. History On October 7, 1991, the City Council denied an appeal by Mr. Gus Zisakis who opposed Conditional Use Permit No. 90-50 which permitted Niccole's restaurant located at 520 Main Street to expand live entertainment to include unamplified musical accompaniment to an existing unamplified piano. The City Council modified the conditions of approval which included denying dancing at the restaurant and expanding the hours of operation. The hours of operation RCA9/6/94 t G:RCA\CD94-66 established were Monday -Friday 11:30 am to 2:00 p.m., Monday- Thursday and Sunday 5:00 p.m. to 11:00 p.m., and Friday - Saturday 5:00 p.m. to 1:00 a.m. On January 15, 1993, staff conducted a six month review of Conditional Use Permit No. 90-50. The intent of the review was to address compliance with the conditions of approval placed on the use. Staffs review of those conditions revealed one (1)violation concerning amplified music. The applicant was notified of the violation and subsequently ceased all live entertainment activities. This information for the six month review was transmitted to the City Council on February 1, 1993. The City Council conducted two additional meetings relative to the review of the live entertainment use to address concerns of adjacent property owners. The applicant then submitted a letter withdrawing the Conditional Use Permit for acoustical live entertainment, however, no action was taken on the withdrawal. The Council subsequently tabled the review of Conditional Use Permit No. 90-50 at the March 1, 1993, City Council meeting to allow further discussion among interested parties. The applicant is now interested in conducting live entertainment activities pursuant to the conditions of his Conditional Use Permit and requested that the City Council remove the review from the table. To staffs knowledge, there have not been any further meetings with adjacent property owners since the March 1, 1993, City Council meeting. At the July 18, 1994, City Council meeting, Conditional Use Permit No. 90-50 was removed from the table. Conditional Use Permit Compliance The following indicates the status of each aspect of Condition Number 6, the subject of the six month review: • Alley Conditions: The alley area directly behind Niccole's is maintained in a clean and orderly manner. The alley has open access for emergency vehicles. The applicant has recently constructed a trash enclosure adjacent to the alley with building permits and in accord with the Code.. • Site Maintenance: The entire site is maintained in a clean and attractive manner. • Noise Transmission: According to Huntington Beach Police Department Detective Feuerstein, the police have not received any calls in regards to noise/disturbing the peace related to live entertainment since March 1993. ABC advised staff that complaints were received regarding the rear door being left open. • Employee Parking: Niccole's employees continue to park on the streets in the vicinity; west side of Main in front of the library, both sides of Sixth west of Main, and adjacent to the former C&R Plumbing site at 500 Lake. RCA9/6/94 2 G:RCA\CD94-66 • Employee Monitoring: The employee parking plan is monitored by the restaurant manager. • Hours of Operation: Niccole's adheres to the hours of operation set forth in the conditions of approval applicable to Conditional Use Permit No. 90-50. • Live Entertainment: Live entertainment ceased in February, 1993. In conjunction with the operation of the restaurant, the applicant possesses a license from the Department of Alcoholic Beverage Control Board (ABC). This license includes operational conditions, some of which are in conflict with those imposed by the City Council. ISSUE CITY CONDITIONS ABC CONDITIONS Live entertainment Unamplified acoustical piano and No live entertainment, amplified unam lifted musical accompaniment music or dancing at any time Hours of operation Mon-Fri 11:30 AM to 2:00 PM Sales, service, consumption of Mon-Thurs 5:00 PM to 11:00 PM alcoholic beverages only between Fri-Sat 5:00 PM to 1:00 AM 10:00 AM and 1:00 AM daily; Sunday 5:00 PM to 11:00 PM No deliveries between 9:00 PM and 8:00 AM Door Full solid core kitchen door shall Rear door(s) shall be kept closed remain closed after 10:00 PM. at all times during operation of premises except for emergencies and deliveries Ownership of the restaurant has been changed to reflect the applicant as a corporation; therefore, the ABC posted a notice indicating a license transfer was pending. The ABC conditions will transfer with the new ownership and continue to prohibit live entertainment of any type. Should the City Council allow the applicant to provide live entertainment, the applicant must request a modification to the ABC license. ABC has advised staff that if anyone files a protest, ABC will conduct an investigation to consider the modification to allow live entertainment. In conjunction with the six month review, staff notified each individual who previously spoke in favor or opposition to the conditional use permit as well as those property owners adjacent to the restaurant. FUNDING SOURCE: Not applicable RCA9/6/94 3 G:RCA\CD94-66 ALTERNATIVE ACTION: 1. Deny the six month review of Conditional Use Permit No. 90-50 and schedule a revocation hearing. 2. Approve the six month review of Conditional Use Permit No. 90-50 with two conditions: (a) Prior to commencing live entertainment, the applicant shall submit approval from the Alcoholic Beverage Control Board and (b) to reevaluate the use in.six months if ABC modifies the alcoholic beverage license conditions. ATTACHMENTS: 1. Findings and Conditions of Approval dated October 21, 1991 2. ABC conditional license MTU:MSF:SP RCA9/6/94 4 G:RCA\CD94-66 ATTACHMENT 1 Page 7 - Council /Agent_ 4inutes - 10/21/91 The main motion made by MacAllister, seconded by Moulton-Patterson, to deny -the appeal and approve revision. to CUP 90-50 carried based on the following amended Findings and Conditions of Approval :- Frndinas_ for Approval = Revisions .to- Conditional Use -Permit No: 90-50. _ 1 . The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 AM on Friday_ and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not create traffic problems. 4. -The granting of the revision to Conditional Use Permit No. 90-50,will not adversely affect the General Plan. Conditions of Approval Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the approved layout with the following modification: a. Addition of a full solid core door consistent with noise study presented October 21 , 1991 . 2. Live entertainment shall be restricted to an unamplified acoustical . piano . and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday - Saturday - Dinner 5:00 PM to 1 :00 AM Sunday Dinner 5:00 PM to 11 :00 PM 4. Clean up activities shall be interior only after 10:00 PM. 5. The full solid core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify the new hours of operation and expansion of use a three month review shall be conducted by the City Council which addresses' the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment The motion carried by the following roll call vote: AYES: _ MacAllister, Winchell , Silva, Green, Moulton-Patterson - NOES: Kelly, Robi.taille ABSENT: None ATTACHMENT 2 AUG-09-1594 13 59 FROM ABC-SANTA ANA TO 3741540 P.03 NICCOLE, Michael ?age 2 520 gain St . Hu:iti ngtCn Beach, CA 92698 04. . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities daring the same period . 05 . There shall be no live entertainment, amplified n;usic or dancing permitted on the premises at any time. 06 . The rear door( s ) shall be kept closed at all times :luring the operation of the premises except in cases of ever ge71cy and to �'t r1:;it .3t11Vr1 lt?S . 07 . :'here shall be. no deliveries between the hours o'f c, : 00 ?.m. and 3 : 00 a. n:. '"fl?s petition for conditional license is made pursuant to the provisions of sections 23800 thXotlgh 23805 of the Business and Profession-,: Code and will be carried forward in any transfer at the applicant premises . Petitionar(s) agree(s) to retain a copy of this petition on the presses at all tames and will be prepared to produce it immediately upon the request of any peace officer. The petitioner(E ) understands ) that any violation of the foregc,J ng Cvlld�t�U11( S} shall be grounds foi: -vus.penGion or revocation of •vh; 11CC::�:• `7 `r - f :f%.3d� Cc.1:L/?£Li 1C'iEl Witness Applicant/Petitioner c \wp%Ir,}:\nicco_e . tdm TnTul G f AUG-09-1994 13:59 FROM ABC-SANTA ANA TO 3741540 P.02 r - BEFORE THE �DEEARTMENi' (YF' ALCOHOLIC BEVEhAOE CONTROL OF 'THE STATE OF CALIFORNIA IN THE MsrrIM OF TaX Application.._of_ NICCOLE, Michael 520 Main St . Huntington Beach, CA 92646 FME REc. for the issuance of an On Sale General Eating Place license . under the Alcoholic Beverage Control Act. PETITION FOR CONDITIONAL LICENSE WHEREAS, petitioner( s) have/has filed an application for the issuance of the above-referred to license , for the above-mentioned premises; acid, WHEREAS, the proposed premises and/or parking lot operated in conjunction therewith are located within 100 feet of 3 residences; and, WHEREAS, issuance of a license without the below described conditions would interfere with the quiet enjoyment of the property by nearby residents and constitute grounds for the denial of the application under the provisions of Rule 61 . 4 , Chapter 1 , Title 4 of the California Cade c.f �tegl:laticn�� . NCW, THEREFORE, the unc•.ersigned p.ri ri„nevr ( s ) dc,/e-nez: 1:Er Eby pe1:., t'1=:: f::- a cos;d_tional license ai: follc�j,rS , r.o-wit : 01 . Sales , service and consumption of alcohol c :'- permitted only between the hours of 10 : 00 a.m . to 1 : 00 a .m . each h day of the week. 02 . The subject alcoholic beverage license slial.l not be twchanged % for public premises type license nor operated as a public premises. 03 . The sale of beer and/or wine for consumption f the Pr `ses 1� �. ,.. . + � Date: a lC � L - icarltJP6 on r.... Witness . ~- ... - 1C•172 c4.791 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) I am a Citizen of the United States and a resident of the County .aforesaid• I am Pusuc NOTICE an existing restaurant r k ENVIRONMENTAL-;iSTA- over the age of eighteen years, and not a No,TJC�oF pus Ca.to,Soalty exempt PUBLIC-HEARING pursuant to,Secuon ,15301, SIX MONTH REVIEW' Class 1 ;of the California party to or interested in the below OF CONDITIONAL EnvlronmentalOuallCyActy: entitled matter. I am a principal clerk of USE PERMIT NO COASTAL';STATUS:' Con- 90.4: FOR ditional Use.. -i.1t='No 90 NICCOLE'S 5. ,Is.,e 0. pt from, a the HUNTINGTON BEACH INDEPENDENT a coastal Oevetopment�Pger- r RESTAURANT.. mit pursuant to S'ectwn newspaper of general circulation printed (UNAMPLTIFIELIVEg 98952 of;theHuritington g r p ENTERTAINMENT) Beach Ordinance Code .and published In the City of Huntington GIVNOTICE :IS HEREBY 'ON FILE._A copy-of the EN that,.the Huntington' proposed request is on til'e Beach Cltyy' Council. willI In the City•Clerks.,Office, Beach, County of Orange, State of hold a public hearing'Inthe 2000 Maln Street.Hunting- Councll Chambers at the ton Beach, California California and that attached Notice is .a Huntington. Beach CIVIC 92648, for Inspection;by Center 2000 Main--':Street; the public. A-copy:of the. true and complete co a$ was printed Huntington.Beach Caldor staffrepoil`will-be;avalla-ble� p copy p nla, onithe date�and tat the :to Interested parties at City and published in the Huntington Beach time Indicated boIowato"re Clerk's.Officeafter ceive and ponsl`der�ttfie September 1 1994 and Fountain Valley ISSU2S Of said statements of all;pesr ons ALL INTERESTED PER, who wish to:be heard,rela--' SONS are Invited to-attend, live torthe application-des {said hearing and :express) newspaper to wit the issue(s) of: scribed below �' lop,nlons ,or submit GO-) DATErrIME Tuesdayy ;dents,for,or against the: September,6 1994�700 iapplicationt as outlined' o PM above Written commun,ca-. -QPPLICATIONA,NUMBER: tions may be sent_"to the CondlUonal;Use Perml}No. City.Clerk. (f you challenge, 90�50-(SIx.Month Review) - the City Councu's action In{ August 25, 1994 APPLICANT;4MlctiaelCKII& court you:rnay.be limited; COIe ,to raising onlydthoso Issues` LOCATION:' S20 Maln YOU or someone else Street (Northeasterly Cor :raised tFie publiclh"ear g nor of Main Street ;and descnbed..-Ins this noflce for Sixth Street):; �u; In?written correspporidence ZONE Downtown Specific delivered to the¢iC�tyriat or Plan District 6 "t� Pri$r to the,public hearing: declare under enal{�/ of erur that REQUEST; To review If - here ae anyy further r p J p f Yr compliance fo to the condl 4uestlons'pt9. se call lions set rth In Condl Susan Pierce Associate the foregoing is true and correct. tlonal Use Permit No.9050 Planner at(714)5365�271 In to re•establlsh�106 `Connie Brockway,; entertainment consisting of Clty Clerk,Clty4of= 4W unamplified acoustical In III B'e'aach,)2000 Street, Hunting Executed on August 25 , 1994 tor, B�aaon, cA azQ (714)5388227�� at Costa Mesa, California. `:Published Huntington. Beach=Foun"fainVa 1"y Mn dependent August- 25,! 1994-. 084-500; I I Signature '/ C a 0 Z -Tndeferje-rVf NOTICE OF PUBLIC HEARING SIX MONTH REVIEW OF CONDITIONAL USE PERMIT MO.90-50 FOR NICCOLE'S RESTAURANT (UNAMPLIFIED LIVE ENTERTAINMENT) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Tuesday, September 6, 1994 7:00 PM APPLICATION NUMBER: Conditional Use Permit No. 90-50 (Six Month Review) APPLICANT: Michael Niccole LOCATION: 520 Main Street(Northeasterly Comer of Main Street and Sixth Street) ZONE: Downtown Specific Plan,District 6 REQUEST: To review compliance to the conditions set forth in Conditional Use Permit No. 90-50 in order to re-establish live entertainment consisting of unamplified acoustical in an existing restaurant. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Conditional Use Peanut No. 90-50 is exempt from a Coastal Development Permit pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 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 City Clerk's Office after September 1, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. Written communications may be sent to the City Clerk. 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 Susan Pierce,Associate Planner at(714) 536- 5271. Connie Brockway,City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 g:piercelsp1p0411 CITY COUNCIL PUBLIC HEARING QUEST SUBJECT: O — i DEPARTMENT: /C MEETING: AdmTnistaf�on Use Onl NUMBER OF OTRER P11aLTC HEARIl1TGS 'lh- (PER Initial) UTHGRTZATI4Ny . ,assist t Crtti �drri►mstrator N/A YES NO Does Heading and Closing of Notice Reflect City Council Hearing (Not PC) Is a Map attached and/or is a quarter page legal ad required? If appeal, is appellant's name shown on legal notice? If housing is involved, is "legal challenge paragraph'' included? If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? ( \ ( ) ( ) If Coastal Development Permit, has the Master Legal Notice Document been used? Is Title Company verification letter attached? Were the latest Assessor's Parcel Rolls used? (Please attach verification of.Title Co. or indicate that rolls used Ni-ere derived from Assessor's Rolls in Planning Dept.,H-hichever applicable) Is the appellant's name and address part of the labels? Is day of public hearing correct - Monday/Tuesday? Has the City Administrator's Office authorized the public hearing to be set? Is day of public hearing correct - Monday/Tuesday? (✓� ( ) (• ) Is there an Environmental Status to be approved by Council? Are the appellant/applicant's names and addresses on mailing labels? For Public Hearings at the City Council level, please insert the following paragraph and City Clerk closing, at the end of the public hearing notice "ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk ATitten evidence for or against the application as outlined above. Written communications may also be sent to the City Clerk. If there are any further questions, please call (insert name of Planner) at 536-5271. CONNIE BROCKWAY,CITY CLERK CITY OF HUi1TINGTON BEACH 2000 MAIN STREET-2ND FLOOR - HUNTINGTON BEACH,CALIFOR\IA 92648 (714) 536-5227 - 6/17/94 &/es/PUBHER . I • i ' I Terry L. Olson Jo Craig i David Komendat 611 6th Street 529 Lake Street 16752 Moody Circle Apt.B Huntington Beach, CA 92648 Huntington Beach,CA 92648 ! Huntington Beach, CA 92649 Michael D. Cox . Jacques le Forestier Melanie Hurwitz 415 Townsquare Lane#301 520 Main Street 3500 S.Bristol Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 Santa Ana, CA 92704 Anthony Paterno Beverly Clark Mra. W.Noecker 9022 Santiago 17652 Putney Circle 16961 Coral Cay Lane Huntington Beach, CA 92646 Huntington Beach,CA 92649 Huntington Beach, CA 92649 i I i Loretta Wolfe Dianne Easterline I Kelly Gifford 411 6th Street 203 8th Street 19301 Archfield Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 i Gordon Bricken Adriaan Mechielsen Natalie Kotsch 1621 E. 17th Street 10 800 Traction Avenue 1722 Park Santa Ana, CA 92701 Los Angeles,CA 90013 Huntington Beach, CA 92648 Tony Vendetta Al Fink Mary Ellen Houseal 18512 Vallarta Drive 17022 Baruna Lane 16952 Banma Lane Huntington Beach,Ca 92648 Huntington Beach,Ca 92649-3022 Huntington Beach, CA 92649 024-133-13 024-133-29 024-133-41 Town Square Master Community Mola Development Corporation Charter Service Corporation 4699 Jamboree Road 4699 Jamboree Road 4699 Jamboree Road Huntington Beach CA 92660 Newport Beach,CA 92660 Newport Beach, CA 92660 024-172-07 024-172-10 024-172-11 Philip Zisakis Lewie Derigo Hertha Lovisa Backlund 16351 Tufts Lane 807 Main Street 302 13th Street Huntington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92648 024-173-01 Lynn Schang Harold A.Ducote,Jr— Pacific Coast Homes 533 Lake Street 4675 MacArthur Ct.,#1150 P.O. Box 7611 Huntington Beach,CA 92648 Newport Beach, CA 92626 San Francisco, CA 94120 I Gus Zisakis Michael Niccole Devon Niccole 16951 Mt. Collien 520 Main Street 16861 Coral Cay Lane Fountain Valley, CA 92708 Huntington Beach,CA 92648 Huntington Beach, CA 92649 I ' I Charlene Pellin Geri Kinsey Sharon Suada-Lee 17181 So.Pacific Avenue 8321 Snowbird Drive 611 6th Street#4 Sunset Beach, CA 90742 Huntington Beach,CA 92648 ; Huntington Beach, CA 92648 Stephen Sutherland John Belsher Leo Soukeris 17131 N.Pacific 1010 Peach Street 7211 #B Warner Avenue Sunset Beach, CA 90742 San Luis Obispo, CA 93401 Huntington Beach, CA 92647 James Barone l 2010 Main Street#1200 Irvine, CA 92714 Connie Brockway,City Clerk . City of Huntington Beach ' ?, 4.. .ate Office of the City Clerk P.O.BOX 190 •.. .. .-•- .. 'J• .•.i X :.:- til u c +f /.. L G R. Huntington Beach,CA 92648 x, €.. \\ (i ft;errd,n 'eL Un�;noknin Terry L. Olson � - � 1 6116thStreet l.._! Huntington Beach, CA 9 Fr lFiSiy`(lrj; ;:.r y�T C J O � Ej INGTp �ArF� sF nt ro C.3 - — y �; Carrier Int 9�/f V 77,1909. �NTY Fc0 LEGAL NOTICE - PUBLIC HEARING , 1 , I II .I I t .1 I . �,l�1:1:�1.. 1 I I , Connie Brockway,City Clerk City of Huntington Beach t;�-.:. „ o\;,; c f_` Office of the City Clerk ...� jq P.O. Box 190 ,:,, AUG Huntington Beach,CA 92648 024-133-29 Mola Development Corporation 4699 Jamboree Road Newport Beach,CA 92660 � Q�_`h(,ORPORRlFO ��f` O Q to, _ y wgRDlryG OR ofR�p ppUNTY ca` LEGAL NOTICE - PUBLIC HEARING i Connie Brockway,City Clerk City of Huntington Beach Office of the.� CityClerk �' .3;=��=."`•�I}•t.�°"t•s; - :.t t 1'�.ti.. •� �� �:1,, _.F••i� j-' .�.,t•,�.qf•• ..... P.O. Box 190 „ _ j ` LM, Huntington Beach,CA 92648 024-133-41 Charter Service Corporation 4699 Jamboree Road o o 6'7!el. Newport Beach, CA 92660 /f/6- ��pNtINGTpy� INCORPOR47-7 IF�`o g FOR�,AROING ORDER ISO ; x OUNTY LEGAL NOTICE - PUBLIC HEARING It ,I!!li!!!1!!III 1111111I1I111lil11111 lilt Ittltlitllllllllliilll i i i Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 '94 Huntington Beach,CA 92648 �•: il rt; �' Melanie Hurwitz 3500 S.Bristol Street Santa Ana, CA 92704 INGTpy� , H IRWc7!Di_! �-�r:!!-, !i!y,� i,��i r;!�t: '•:Vic. p s�T—f,�/)•—r s�+�. Q e :, , 1!—F i�'. ^y:'•.i r.l i! #2:. L� BEACH !!!`!in t�!E...241a-4 cpUNTY �P� AET►iRN TO _•EhaL LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the CityClerk I. �' �• ! .r,,,, ; P.O. Box 0 4 r AUG 25 Huntington Beach,CA 92648 d a< f•ts e' Natalie Kotsch 1722 Park Huntington Beach,CA 92648 :� O��pHTINGTpy� _•,2•_; ;�. •t H�'�:Ir!-i-I'D ,}�V!'t�.:. " •.r....r.w... i''.'..'�'47.,i.3'•I+:Ti,�i'i [":C i-I!..�"f w1'^i '.'�"�. .r-.. 2cFc0UNTYg CP��� �tT�..R TCl SEh dEt LEGAL NOTICE - PUBLIC HEARING j IIi,,,Il,,,,,II„ll„Il,r,llrl,!I,,,IIr„1,�1!(I,�rll,l,ll,,,l Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk 's:• ' ';!�,: -�: r - ' lti�Y� - r ^s<3�P zs h S"*t P.O.Box 190 ';tiu�.� 7�' — •��� —•1• —!'J ,��� ,� �ti f'1'i •;� ",5',•�,G... ,��`,�.T�.,�`t.. � .. ... ^t'i . .v: •,� Hill/ .) ��i 4 .. //A.s �� i � Q,• Huntington Beach,CA 92648 David Komendat 16752 Moody Circ1B Huntington Beac /CA 92649 9; �NTINGTp Q� ,VORPORq 1),1909. FppUNTY CP ; LEGAL NOTICE-.PUBLIC HEARING '-lt�•�'i-���_� �ji I,L,ILI,,,I„Ill,,,,l,f„I,1„1,1„:i,i,ll„I - Connie Brockway,City Clerk City of Huntington Beach ;ais i u,y' •� fix;.s L y R4� '`• �(t• r � � U � .�� Office of the City Clerk ::, �r��i► y 1 `+. c!' i. :1 tit:. P. :. l�r�—} � �r�eri.. P.O.Box 190 , � , � �';. a t .;.±.i 3 �S,v vi•a:�:<.•��, : 2Y Huntington Beach,CA 92648 , Sharon Suada-Lee INGTQy 611 6th Street#4 �� �ptORPORgJE� �F Huntington Beach, CA 92648 � -,rt� -ram t r. r� LEE—bl.�� qn• —1�_i;: t..93 :3,�:r3o :fir; =HA11A—LEE =!A-'4:ClN 9yT(J:•; 2 4CH a 92b48-43u'3 RETURN TU SENDER cQ�NTY ca LEGAL NOTICE - PUBLIC HEARING now Y Connie Brockway,City Clerk ��'CH C4 • City of Huntington Beach Office of the City Clerk I P.O.Box 190 sun / E N f A !P- a o /,� .t{,��►' 4 c•.c:; .,,:,.•,-•...., �a^l 7 ,+e�� 9 A ....�%''•Y _ l:. _�_.._'�,_ _ Huntington Beach,CA 92648 SENOEit ® t'•� _ .���� �'F 4tj •,. I oT CARRIER SERVICED MUST HAVE BOX# AE TVary . SAY' 2 ro Fo SILCICS}9cSFA OFINGTQ s171t1 Sp� �R ry O��`NGONPOR4JE�� Sunset Beac1�?r.Q�r� V/CEQ # ' i o r�.•r. g O (' N TY Ca` LEGAL NOTICE - PUBLIC HEARING 1 1 Office of the City Clerk /. City of Huntington Beach "d P.O.BOX 190 CALIFORNIA 926 n ! 024-133-41 Charter Service Corporation 4000 MacArthur Blvd. Newport Beach, CA 92664 Erb �li„!l+,:,�1���(,l►,.,.�ll,vl„il+,:l1++}„II,I Connie Brockway,City Clerk City 9 of Huntington Beach Office of the City Clerk • a.. .� Fa P.O. Box 190 Huntington Beach,CA 92648 Ad Mec el, sen 800 actin Avenue Los a s,CA 9001 • ran o�._; ��°Cro�.�;,`,'(.,.,'.. ., . ING Vo Q� NGUN►Oq� —��j)''F> �'jF J `••� a \\` 9 = OQ xV F pppN TY Cap\ LEGAL NOTICE PUBLIC HEARING APPROVED BY CITY COUNCIL l— /9 192L crt*r c m REQUEST FOR CITY COUNCIL A Date: July 18, 1994 Submitted to: Honorable Mayor and City Council Members CD94-45 Submitted by: Michael T. Uberuaga, City Administratoo``J�-�� l Prepared by: Melanie S. Fallon, Director of Community Development Subject: SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 (Tabled March 1, 1993) Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for City Council consideration is a request from Michael Niccole to remove from the table the six month review of Conditional Use Permit No. 90-50 for live entertainment at Niccole's Ristorante at 520 Main Street. At the March 1, 1993, meeting,the City Council tabled the six month review to allow the applicant an opportunity to meet with interested parties in an attempt to mediate concerns which were identified at the February.16, 1993 City Council meeting regarding the live entertainment operations. During this period the applicant has not conducted any live entertainment. The applicant is requesting that the City Council allow the completion of the required review so that live entertainment may be commenced. RECOMMENDATION: Motion to: "Remove from the table the six month review of Conditional Use Permit No. 90-50 and direct staff to schedule a hearing to complete the review of the use." ANALYSIS: Pursuant to conditions of approval imposed by the City Council, staff conducted a six month review on January 15, 1993, of Conditional Use Permit No. 90-50 to permit live entertainment consisting of unamplified acoustical piano and unamplified musical accompaniment. The hours of operation established were Monday-Friday 11:30 am to 2:00 p.m., Monday - Thursday and Sunday 5:00 p.m. to 11:00 p.m., and Friday- Saturday 5:00 p.m. to 11:00 p.m. The intent of the six (6) month review was to address compliance with the conditions of approval placed on the use. Staff review of those conditions revealed only one (1)violation concerning amplified music. The applicant was notified of the violation and subsequently ceased all live entertainment activities. This information for the six month review was transmitted to the City Council on February 1, 1993. RCA6/20/94 t G:RCA\CD94-45 The City Council conducted two additional meetings relative to the review of the live entertainment use to address concerns of adjacent property owners. The applicant then submitted a letter withdrawing the Conditional Use Permit for acoustical live entertainment, however, no action was taken on the withdrawal. The Council subsequently tabled the review of Conditional Use Permit No. 90-50 at the March 1, 1993, City Council meeting to allow further discussion among interested parties. The applicant is now interested in conducting live entertainment activities pursuant to the conditions of his Conditional Use Permit and would like the City Council to remove the review from the table. To staff knowledge, there have not been any further meetings with adjacent property owners since the March 1, 1993, City Council meeting. Staff will present a more detailed history of the use with the report regarding the six month review at the scheduled hearing if removed from the table. Prior to that hearing, staff will notify each individual who previously spoke in favor/opposition to the six month review. ATTACHMENTS: 1. Letter from Michael W. Niccole dated May 20, 1994 2. City Council Minutes dated March 1, 1993 3. RCA dated March 1, 1993 MTU:MSF:SP 4 RCA6/20/94 2 G:RCA\CD94-45 ,, k1STORANTE & BAR May 20, 1994 V. f .IC�Q Mr . Mike Strange, Senior Planner City of Huntington Beach Department of Community Development 2000 Main Street Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO 90-50 520 MAIN STREET . Will you please take the above referenced request off the "table. " This could be agendaized- for June 20th City Council meeting. Sincerely, Michael W. Niccole Owner A.� 1)1CJHIVE:N i NO. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 Page 3 — Council/Ag -.y Minutes — 3/l/93 68WNTOWN SPECIFIC PLAN PUBLIC HEARING TO BE SCHEDULED The ty Administrator stated there would be a public hearin on the Downtown Specif Plan Tuesday, March 2, 1993. He stated the issu would return to Council to April or May. He encouraged people to parti pate. in the public hearing. M NNELL LA MEETIN The City Administra or stated a meeting had bee held with Mayor Winchell and Councilmembers Moult o —Patterson and Bauer, an McDonnell Douglas representa— tives; and that. a tour- d. been scheduled per aining to the plan improvements. He.: stated some Long- Bea employees had b en transferred to the Huntington Beach site. BUDGET WORKSHOPS SCHEDULED The City Administrator stated the uld be a. Budget Workshop March 2, 1993 to address city shortfalls and Budge Workshop on March 22, 1993 at 7 p.m. in the Council Chamber. ITY ISSUES AND PROJECTS K H P3/26/93 Jhe City Administrator tated there would be a pr 'ects and city issues Work— shop of the City Coun 1 (adjourned meeting)- held Mar 26, 1993. FINANCE BOARD APP CATIONS TO BE AC EPTED The City Admi ' strator stated that applications are available a the Office of the City Cle for the Finance Board. He stated the appointme is would be made March nd or April 5th, 1993. AGENDA EM DEFERRED — ELLIS/GOLDENWEST EQUESTRIAN FACILITIE Mayor Winchell announced the item pertaining to the Ellis/Goldenwest Quarter Section Equestrian Facilities had been deferred to a time uncertain. D—] .(City Council) CLOSED PUBLIC HEARING — TABLED — SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 — NICCOLE'S RESTAURANT — NE CORNER 6TH/MAIN — (ACOUSTIC LIVE ENTERTAINMENT AND DANCING) (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER Conditional Use Permit No. 90-50 (Six Month Review) APPLICANT Michael Niccole LOCATION 520 Main Street (Northeasterly corner of Main Street and Sixth Street) ZONE Downtown Specific Plan, District 6 � /r ZA3'3 Page 4 - Council /Agency Minutes - 3/1/93 REOUEST To review compliance to the conditions set forth in Conditional Use Permit No. 90-50 which was approved by the City Council on October 7, 1991 . ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 5301 , Class 1 of the .California Environmental Quality Act. COASTAL STATUS Not applicable (unless in coastal zone) Legal notice as provided to the City Clerk' s Office by staff had been mailed, published, and posted. No communications or written protests were received on the. matter. .:. _ . .. The. Community Development Director presented a staff report. He recommended .., tabling the:-item to allow the concerned parties to meet at a future date.. A motion was made by Robitaille, seconded by Moulton-Patterson, to table Con- ditional Use Permit No. 90-50 (Niccole's Ristorante Live Entertainment) to allow for further discussion among interested parties. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton-Patterson, Sullivan NOES: Winchell , Leipzig ABSENT: Silva D-2. (City Council) PUBLIC HEARING - APPEAL DENIED - HADJIAN PLANNING COWISSIOWS DENIAL OF CONDITIONAL EXCEPTION VARIANCE NO. 92-17 UPHELD - 1 1 2 PCH SECOND DRIVEWAY ACCESS/COMMERCIAL SITE (420.50) , i The Mayor anno ced that this was the day and hour set for a pub hearing to consider the fol wing: APPLICATION NUMBER C ditional Exception (Variance) No. 9 -17 APPLICANT/APPELLANT Fr Hadjian LOCATION 16182 Pacific Coa Highway ZONE Visitor Serving Commercia - Coastal one RE EST This is an appeal of the ping. Commission' s denial ' of Conditional Exception (Variance) No. 92-17 wh' is a request to add a second driveway access with no internal circulat' n fro Pacific Coast Highway to an existing commercial site. The request ncludes p oviding an additional parking space and relocation of the existi trash enclosu e. ENVIRONMENTAL STATUS Ca gorically exempt purs nt to Section 15305, Class 5 of the California Envir mental Quality Act. COASTAL STATUS Thi project is located in the Coast Zone but may be cate- gorically exclud from coastal development permits ursuant to Section 989.5.3.13(g) , ich exempts minor variances that do not rtain to height and that do not n gatively impact coastal access or view corri rs, from coastal development ermits . Legal no J a as provided to the City Clerk' s Office by staff ha een mailed, published, and posted. The City Clerk stated she had received a letter at 7 p.m. from Huntington Marina Property Owners ' Association stating that 92 residents were in opposition to Conditional Exception No. 92-17. 34 ATTACHMIEN I- NO, _��,_ REQUE., T FOR CITY COUNC,L_ ACTION Date March 1, 1993 Submitted to: Honorable Mayor and City -Council Members Submitted by: Michael T. Uberuaga, City Administr Prepared by: Michael Adams, Director of Community Developmen Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 (CONTINUED FROM THE FEBRUARY 16, 1993 CITY COUNCIL MEETING) Consistent with Council Policy? Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pursuant to conditions of approval imposed by the City Council, t staff has conducted an additional six ( 6) month review of Conditional Use Permit No. 90-50 to permit live entertainment at Niccole ' s Restaurant (520 Main Street) . This review was continued from the February 16, 1993 City Council meeting . At the Council meeting of February 16, 1993 , the applicant, Michael W. Niccole, M.D. , stated his desire to withdraw his conditional use permit application for live entertainment . A continuance to the March 1, 1993 meeting was granted in order for the applicant to submit a formal request of withrawal . Council also requested that the continuance be used as an opportunity for Council, the applicant and the adjacent property owners to meet in an attempt to mediate the concerns of both parties . RECOMMENDATION: Motion to : "Table Conditional Use Permit No . 90-50 (Niccole ' s Ristorante Live Entertainment) to allow for further discussion . " ANALYSIS: At the February 16 , 1993 meetina , staff reported to Council the comments made by both the applicant and adjacent property owners concerning the operation of Niccole ' s Ristorante . The adjacent property owners indicated that they would like to see the following concerns addressed : 1 . Reducing hours of operation to 9 : 00 PM, weekdays and weekends ; 2 . Limiting hours of Wednesday night wine tasting ; 3 . Limited hours for special banquets ; Xf-I'AC +MENT NO. 3 4 . Designate parking areas for employees ; 5 . Require mandatory employee orientation concerning business operators and residents concerns ; 6 . Limiting the hours that the rear door may remain open; and 7 . Require that the dumpster be locked . Pin C/or At the meeting the adjacent property owners further addressed these concerns and the applicant indicated that any further limitation on hours of operation would severely impact the success of his business . The intent of the six (6) month review is to address compliance with the conditions of approval placed on the use. Staff ' s review of those conditions revealed only one (1) violation concerning amplified music and a Notice of Violation was issued. The applicant ' s response letter dated February 5, 1993, suspending all live entertainment, satisfied the Notice of Violation. On February 17, 1993 , the Community Development Department received a formal request of withdrawal for Conditional Use Permit No. 90-50 (live entertainment) from the applicant.On February 19 and February. 23 , 1993 additional meetins were held with Mr. Niccole, at which time he indicated that he would withraw his letter and attempt to develop an agreement with the adjacent property owners which would mitigate their concerns and allow some live enetertaint. Council members Jim Silva, Ralph Bauer and Dave Sullivan attended the February 19 , 1993 meeting where Michael W. Niccole, M.D. , Gus and Phil Zisakis and others attempted to reach a resolution to the issues . Michael W. Niccole, M.D. , has requested that this item be continued in order to allow adequate time to resolve the issues . FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: Not Applicable. ATTACHMENTS 1.. Memo from Gail Hutton, City Attorney, to Mayor and City Council dated February 23 , 1993 2 . Letter stating cancellation "of all live entertainment from Michael W. Niccole, M.D. , dated February 5 , 1993 3 . Letter of withdrawal from Michael W. Niccole, M.D. , dated February, 17, 1992 4 . RCA dated February 16, 1993 MTU:V-1k:kj1 RCA - 3/l/93 -2- ( 6004d) REQUE,, r FOR CITY COUNCIL ACi -ION Date March 1., 1993 Submitted-to: Honorable Mayor and City Council Members , Submitted by: Michael T. Uberuaga, City Administr / Prepared by: Michael Adams, Director of Community Developmen SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 Subject: (CONTINUED FROM THE FEBRUARY 16, 1993 CITY COUNCIL MEETING) Consistent with Council Policy? Yes [ J New Policy or Exception I Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE Pursuant to conditions of approval imposed by the City Council, staff has conducted an additional six (6) month review of Conditional Use Permit No. 90-50 to permit live entertainment at --� Niccole' s Restaurant (520 Main Street) . This review was continued from the February 16, 1993 City Council meeting. At the Council meeting of February 16 , 1993 , the applicant, Michael W. Niccole, M.D. , stated his -desire to withdraw his conditional use permit application for live entertainment . A continuance to the March 1, 1993 meeting was granted in order for the applicant to submit a formal request of withrawal . Council also requested that the continuance be used as an opportunity for Council, the applicant and the adjacent property owners to meet in an attempt to mediate the concerns of both parties . RECOMMENDATION Motion to : "Table Conditional Use Permit No . 90-50 (Niccole' s Ristorante Live Entertainment) to allow for further discussion. " ANALYSIS: At the February 16 , 1993 meeting , staff reported to Council the comments made by both the applicant and adjacent property owners concerning the operation of Niccole ' s Ristorante . The- adjacent property owners indicated that they would like to see the following concerns addressed: 1 . Reducing hours of operation to 9 : 00 PM, weekdays and weekends; 2 . Limiting hours of Wednesday night wine tasting; 3 . Limited hours for special banquets ; 4 . Designate parking areas for employees ; 5 . Require mandatory employee orientation concerning business operators and residents concerns ; 6 . Limiting the hours that the rear door may remain open; and 7 . Require that the dumpster be locked . 1-01 P10 5/85 irat .:1rrY i• Al {. II �t lam- � t• ` _ l� r y i •C 1� L. } I Yf' . .. ��.�..�-�dt,�ii4�` I .. a ty T i4 �!C•^�+, �1r4`�pr+' + { 1.} 't, J f4( .. i M yo REQUEST FOR CITY COUNCIL ACTION Date March 1, 1993 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administr Prepared by: Michael Adams, Director of Community Developmen Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 (CONTINUED FROM THE FEBRUARY 16, 1993 CITY COUNCIL MEETING) Consistent with Council Policy? . Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE• Pursuant to conditions of approval imposed by the City Council, staff has conducted an additional six (6) month review of Conditional Use Permit No. 90-50 to permit live entertainment at Niccole' s Restaurant (520 Main Street) . This review was continued from the February 16, 1993 City Council meeting. At the Council meeting of February 16, 1993, the applicant, Michael W. Niccole, M.D. , stated his desire to withdraw his conditional use permit application for live entertainment. A continuance to the March 1, 1993 meeting was granted in order for the applicant to submit a formal request of withrawal . Council also requested that the continuance be used as an opportunity for Council, the applicant and the adjacent property owners to meet in an attempt to mediate the concerns of both parties . RECOMMENDATION: Motion to: "Table Conditional Use Permit No. 90-50 (Niccole' s Ristorante Live Entertainment) to allow for further discussion. " ANALYSIS• At the February 16, 1993 meeting, staff reported to Council the comments made by both the applicant and adjacent property owners concerning the operation of Niccole' s Ristorante. The adjacent property owners indicated that they would like to see the following concerns addressed: 1. Reducing hours of operation to 9 : 00 PM, weekdays and weekends; 2. Limiting hours of Wednesday night wine tasting; 3 . Limited hours for special banquets; 4 . Designate parking areas for employees; 5 . Require mandatory employee orientation concerning business operators and residents concerns; 6. Limiting the hours that the rear door may remain open; and 7. Require that the dumpster be locked. PI O 5/85 At the meeting the adjacent property owners further addressed these concerns and the applicant indicated that any further limitation on hours of operation would severely impact the success of his business. The intent of the six (6) month review is to address compliance with the conditions of approval placed on the use. Staff ' s review of those conditions revealed only one (1) violation concerning amplified music and a Notice of Violation was issued. The applicant ' s response letter dated February 5, 1993, suspending all live entertainment, satisfied the Notice of Violation. On February 17, 1993, the Community Development Department received a formal request of withdrawal for Conditional Use Permit No. 90-50 (live entertainment) from the applicant .On February 19 and February 23, 1993 additional meetins were held with Mr. Niccole, at which time he indicated that he would withraw his letter and attempt to develop an agreement with the adjacent property owners which would mitigate their concerns and allow some live enetertaint . Council members Jim Silva, Ralph Bauer and Dave Sullivan attended the February 19, 1993 meeting where Michael W. Niccole, M.D. , Gus and Phil Zisakis and others attempted to reach a. resolution to the issues. Michael W. Niccole, M.D. , has requested that this item be continued in order to allow adequate time to resolve the issues . FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: Not Applicable. ATTACHMENTS: 1. Memo from Gail Hutton, City Attorney, to Mayor and City Council dated February 23, 1993 2 . Letter stating cancellation of all live entertainment from Michael W. Niccole, M.D. , dated February 5, 1993 3 . Letter of Withdrawal from Michael W. Niccole, M.D. , dated February, 17, 1992 4 . RCA dated February 16, 1993 MTU:MA:kjl RCA - 3/l/93 -2- (6004d) CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNVNGTON BEACH - TO: Honorable Grace Winchell, Mayor, and Members of the City Council FROM: Gail Hutton, City Attorney DATE: February 23, 1993 SUBJECT: Niccole's Restaurant Entertainment Permit It is my understanding that Mr. Niccole has formally withdrawn his application for a live entertainment ,permit. Therefore, any further proceedings regarding review and . approval of the permit are unnecessary and will have no legal effect. Gail Hutton City Attorney cc: Michael Uberuaga, City Administrator ATTACHMENT NO. G �III .� ISTORANTE & BAR February 05 , 1993 Mr. Michael C. Adams A. I .C.P. Director of Community Development City of Huntington Beach P. O. Box 190 Huntington Beach, Ca 92648 Dear Mr. Adams: I now recognize amplified music was not to be used with a keyboard piano or singing and have cancelled all entertainment until this issue has been resolved. Sincerely, Mir ae W. Niccole, M.D. ATTACHMENT N0. 2 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 EEF: ='.1 , — + = L•� ED 1 4 _ � 4 el 1 �F ,, f 1STORANTE & BAR February 17 , 1993 ✓P�`' P , o� Mr . dike Adams , ?:fanning Department City of Huntington Beach 2000 Main Street Huntington Beach , Ca 92648 Dear Mr . Adams: This letter will. serve as notification that I am withdrawing my Conditional Use Permit No. 90-50 for acoustic live entertainment and dancing at Niccole ' s Ristorante, effective immediately. Sincerely, �1 { r Media :l W. N1cC0 e Proprietor MkIN : saj ATTACHMENT NO. 3 • • " ^~* 1-di i*m�;c STUN BEACS CAL:FUPLNLf 9264S f 14/960-809I REQUEST FOR CITY COUNCIL ACTION �OrJf ,D�C�1i�n n 3-/-93 Date February 16, 1993 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams, Director of Community Developm o Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 (CONTINUED FROM THE FEBRUARY 1, 1993 CITY COUNCIL MEETING) v Consistent with Council Policy? NJ Yes [ ] New Policy or Exception W Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE• Pursuant to conditions of approval imposed by the City Council, staff has conducted an additional six (6) month review of Conditional Use Permit No. 90-50 to permit live entertainment at Niccole' s Restaurant at 520 Main Street. At the City Council meeting of February 1, 1993, this item was continued in order to provide the applicant an opportunity to respond to the Notice of Violation issued by the Community Development Code Enforcement Division, for having amplified music. RECOMMENDATION• Motion to: "Approve the review and recommend that no further reviews be required for this business . " ANALYSIS• At the meeting of February 1, 1993, the City Council requested that staff attempt to mediate between the operators of Niccole' s Restaurant, the adjacent property owners and residents who have complained about various activities relating to the operation of the business . Staff has met with Dr. Michael Niccole, owner of the restaurant, and he has agreed to suspend live entertainment until such time as he can get the proper approval from both the Planning Commission and Alcohol Beverage Control (ABC) for the type of F� entertainment he wishes to present. ), PIO 5/85 As noted in previous staff reports, the review conducted by staff revealed no other violations to the conditions of approval . Staff will conduct further investigations prior to the meeting of February 16, 1993, and report the findings that evening. Staff will attempt to meet with the property owners adjacent to the business . Their complaints centered around two areas of concern. First, the activities of the patrons leaving the establishment and second, the hours of operation in general . These concerns have been expressed since the restaurant started business and .seem to be the basic issues between the two parties . Staff would recommend that no alteration to the operating conditions of approval be made and no further review of the business be required. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: Motion to: "Continue the review for further discussion. " ATTACHMENTS: 1. RCA dated February 1, 1993 2 . Letter from Dr. Michael Niccole dated received February 9, 1993 3 . Letters of support from adjacent property owners and residents 4 . List of complaints from Jo Christian-Craig dated February 1, 1993 MTU:MA:kjl RCA - 2/16/93 -2- (5849d) REQUEST FOR CITY COUNCIL ACTION . Date February 1, 1993 Submitted to: Honorable Mayor . and City Council Members Submitted by: Michael T. Uberuaga, City Administrat4groo Prepared by: Michael Adams, Director of Community Developme Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-.50 3 /L-23 Consistent with Council Policy? `. [4 Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,.Alternative Actions, Attachments: Grp STATEMENT OF ISSUE: Pursuant to conditions of approval imposed by the' City Council, staff has conducted an additional six (6) month review of Conditional Use Permit No. 90-50 to permit live entertainment at Niccole ' s Restaurant at 520 Main Street . In addition, at the last six month review, Council had asked that staff verify whether Conditional Use Permit No. . 90-50 included a dance floor . Staff researched the history of the Conditional Use Permit and found that on. October 21, 1991 Council had voted 4-3 to eliminate the dance floor. The conditions have been updated/revised to reflect this decision. RECOMMENDATION• Motion to : "Approve the review pending compliance with latest notice of violation" . ANALYSIS• On October 7, 1991, the City Council denied an appeal by Mr. Gus Zisakis who opposed allowing the revision . to Conditional Use Permit 90-50. which permitted Niccole' s :.restaurant` located at 520 Main to expand their live entertainment provision. This .provision included unamplified musical accompaniment to an existing unamplified piano, and an expansion to the hours of operation. The conditional. usA_ permit, required that city staff conduct a six month review to check the status of the conditions set forth in Conditional Use Permit No. 90-50 . ATrAcr�� N -y Pin 5/85 On May S, 1992, Code Enforcement conducted an inspection for the initial six month review and found Niccole' s Restaurant to be in full compliance with each condition. During the City .Council meeting dated June 1, 1992, Council. voted to approve the six month review and requested that staff schedule an additional six month review. On Friday, January 15, 1993, Code Enforcement conducted an inspection of the premises at approximately 10:00 p.m. and observed the following status of each condition .listed below: - Alley Conditions . The alley area directly behind Niccole.' s. continued to be maintained in a clean and orderly manner and there was complete open access for emergency vehicles . Site Maintenance. The entire site continues to be maintained in a clean and attractive manner at all times . Noise Transmission. According to Huntington Beach Police Detective, Lee Camp, there have been noise complaints affiliated with the day-to-day activities -of the restaurant, particularly the loud noise when trash is dumped into the trash bin, located in the alley. Since the last review dated June 1, 1992 the Police Department has responded to two (2) disturbing the peace complaints at 520 Main Street. - Employee Parking. Attached to Council ' s review is a copy of Niccole' s employee parking plan which designates employees to park on the west side of .Main Street, in front of the library at 525 Main; on both sides of Sixth Street just west of Main . and on both sides of the street in front of C & R Plumbing located at 500 Lake Street. It appeared from the inspection dated January 15, 1993, that there was no parking. problem. Employee Monitoring. According to Niccole' s Manager, Jacques le Forestier, he monitors the current employee parking plan and is receptive to altering the plan if needed. Hours of Operation. Niccole.' s adheres to the hours set forth. in condition #3 . Live Entertainment . During the inspection dated January 15, 1993 , staff observed part of the entertainment to be amplified where as condition #2 requires that the entertainment be restricted to an unamplified acoustic piano and unamplified musical accompaniment . 1/ RCA -2- (5630d) There was an amplified drum machine being played -at a . low volume; an amplified -synthesizer; a microphone which was standing alone and positioned in a way to amplify the acoustic instruments along with a small speaker which was facing the restaurant patrons . The acoustic instruments observed being played consisted of a flute, saxophone and bongo drums . The amplification was adjusted at a low level and could not be heard along the exterior of the restaurant building. A Notice of Violation was issued and the applicant will cease the use of amplified instruments. Status of Dance Area. There. was no dance floor within the restaurant. . Additionally, as stated earlier in this report, the previous condition to allow .a dance floor has. been deleted from the current conditions. per Cou_ ncil ' s decision on October 21, 1991 to deny the dance floor.. It should `be noted, that although the six month review is a non-public hearing item, staff has sent courtesy notices to each individual who previously spoke in .favor/opposition to the Conditional Use Permit six month review dated June 1, 1992. FUNDING SOURCE: Not Applicable. • ALTERNATIVE ACTION: Motion to: "Schedule an additional review within three (3) months . " ATTACHMENTS* 1. Conditions of Approval dated October 21, 1991 2. Employee Parking -Layout 3 . RCA dated October 7, 1991 4 '. RCA dated June 1 1992 MTU:MA:MR: lp RCA -3- (5630d) ATTACHMENT NO. The main motion made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 carried based on the following amended Findings and Conditions of Approval : Findings for Approval - Revisions to Conditional Use Permit No 90-50: 1 . The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not create traffic problems. 4. The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. Conditions of Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the approved layout with the following modification: a. Addition of a full solid core door consistent with noise study presented October 21 , 1991 . 2. Live entertainment shalt be restricted to an unamplified acoustical piano and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday - Saturday Dinner 5:00 PM to 1 :00 AM Sunday Dinner 5:00 PM to 11 :00 PM 4. Clean up activities shall " be interior- only after 10:00 PM. 5. The full solid core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify the new hours of operation and expansion of use a three month review _shall be conducted by the City Council which addresses the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation Live Entertainment The motion carried by the following roll call voter AYES: MacAllister, Winchell , Silva, Green, Moulton-Patterson NOES: Kelly, Robitaille ABSENT: None 19Z 1 �._PE C A t A VIEN U E ff� 1 N �cLo>` S: I c sArqm vs f GU PARK ING Pl�-r - - (p?W_"r Nlcc-o�ES - or q, Y � Q s AC43 ACI`,1 c0=0 R .c0-Pe-7 q 60YEC ATTACHMENT NO. _ • REQUES'i FOR CITY COUNCU'ACTION Date June 1, 1992 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: ichael Adams, Director of Community Development Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT .OF ISSUE: Pursuant to conditions of approval imposed by the City Council , staff has conducted a six ( 6) month review of Niccole ' s live entertainment . Staff has found them to be in compliance with their conditions . RECOMMENDAT 7QF: Motion to : "Approve the six month review of Conditional Use Permit No . 90-50 . " ANALYSIS: On October 7, 1991 , the City Council denied an appeal by Mr . Gus Zisakis who opposed allowing the revision to Conditional Use Permit 90-50 which permitted Niccole ' s restaurant located at 520 Main to expand their live entertainment provision to include unamplified musical accompaniment to an existing unamplified piano . The revision also allowed an addition of 115 square feet of dancing area on the second floor only and an expansion of the hours of operation. The conditional use permit requires that city staff must conduct a six month review to check on the status of the conditions set forth in Conditional Use Permit No . 90-50 On May 8 , 1992 , Code Enforcement conducted a compliance inspection to the six month review for Conditional Use Permit No . 90-50 . Code Enforcement ' s inspection revealed that the following conditions remain in compliance : s Alley Conditions . The alley area directly behind Niccole' s was maintained in a clean and orderly manner . The alley also had complete open access for emergency vehicles Site Maintenance . The. entire site is maintained in a clean and attractive manner . -. Noise Transmission. According to Huntington Beach Police Detective J. Nelson, the police have not received any calls in regards to noise/disturbing the peace. mplovee Parking Attached for Council ' s review is a copy of Niccole ' s employee parking plan which designates employees to park on the west side. of- Main Street,- in front of the library .at 525 Main; on both sides on Sixth Street just west of Main and on both sides of the street in front of C & R Plumbing located at 500 Lake Street . Employee Monitoring . According to Niccole '-s Manager, Jacques le Forestier., he 'monitors the current employee parking plan and is receptive to altering the plan if needed . Hours of Operation . Niccole ' s adheres to the hours of operation set forth in Condition #3 . Live Entertainment . The current mode- of entertainment is the occasional use of an acoustical piano . - Limitation of Dance Area . The dance area remains located on the second floor and consists of 115 square feet . It should be noted . that although the six month review is a - non-public hearing item,. staff has sent courtesy notices to each individual who previously spoke in favor/opposition to the Conditional Use Permit revision. . FUNDING SOURCE.: Not applicable ALTERNATIVE ACTION: 1 ... Motion to : "Schedule an additional six month review to Conditional Use Permit No . 90-50" . ATTACHMENTS: 1 . Conditions of Approval 2 . Employee Parking Layout 3 . RCA dated .October 7 , 1991 . MTU:MA:MR: lp RCA -2- (3359d) The main motion made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 carried based on the following amended Findings and Conditions of Approval : Findings for Approval - Revisions to Conditional Use Permit No 90-50: 1 . The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not create traffic problems. 4. The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. Conditions of Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the approved layout with the following modification: a. Addition of a full solid core door consistent with noise study presented October 21 , 1991 . 2. Live entertainment shall be restricted to an unamplified acoustical piano and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday - Saturday Dinner 5:00 PM to 1 :00 ;'M Sunday Dinner 5:00 PM to 11 :00 PH 4. Clean up activities shall * be interior only after 10:00 PM. 5. The full solid core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify th= new hours of operation and expansion of use a three month review shall conducted by the City Council which addresses the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation Live Entertainment The motion carried by the following roll call vote: AYES: MacAllister, Hinchell , Silva, Green, Moulton-Patterson NOES: Kelly, Robitaille ABSENT: None 19Z October 7 , 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga , City Administrator 11 Prepared by: Michael Adams , Director of Community Develbp�ment Subject: APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO. 90-50 Consistent with Council Policy? Yes ] New Policy or Exception Statement of Issue, Recommendation, Analysis, runding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal by Gus Zisakis to the Planning Commission ' s approval of a revision to Conditional Use Permit No . 90-50 . The revision is a request to expand live entertainment to include unamplified musical accompaniment to an existing acoustic piano, add a 115 square foot dancing area and expand hours of operation . RECOMMENDATION: Motion to : "Deny appeal and sustain the Planning Commission ' s approval of the revision to Conditional Use Permit No . 90-50 . " Planning Commission action on July 2 , 1991 : . On motion by Kirkland and second by Leipzig , _the Planning Commission approved the revision to Conditional Use Permit No . 90-50 by the .following vote : AYES : Richardson, Newman, Kirkland , Dettloff , Bourguignon , Leipzig NOES : None ABSENT : Shomaker ABSTAIN : None MOTION PASSED \V Plo 5/85 Lne Ltty Council deny the appeal and sustain the Planning Commission ' s approval of .the revision to Conditional Use Permit No . 90-50 . ANALY S I S Appellant : Gus Zisakis 16951 Mt . Collins Fountain Valley, CA 92708 Applicant : Michael Niccole Nicolle ' s Ristorante 5220 Main Street Huntington Beach, CA 92648 Location: 520 Main Street (Northeasterly corner, of Main Street and Sixth Street)' The owner of Niccole ' s Restaurant has requested a revision .to Conditional Use Permit No . 90-50 which was approved by the Planning Commission on December; 4 , 1990 . The revision includes adding unamplified musical accompaniment to. the existing piano entertainment , adding a 115 square foot dance area and extending the closing hours on Monday -through Thursday and Sunday to 1 :00 AM and Friday and Saturday to 2 : 00 AM. Staff. has reviewed the request and has determined that adding unamplified musical accompaniment to the existing acoustical piano entertainment will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere . The appellant has submitted an appeal which states that the restaurant has devalued property directly next to the restaurant . The appellant has received complaints from his tenants regarding noise and parking problems . The main issue seems to be extending the hours of operation being to 2 : 00 a .m. The appellant has also stated that in addition to noisethere are parking problems and health code have been violated . Staff has referred the health concerns to the County Health Department and their. staff are investigating the statements . The parking issue concerns the location of employee parking adjacent to the residential areas . The restaurant .manager has directed his employees to park elsewhere . The restaurant is located in the Downtown area in a mixed-use- zone . Mixed use typically results in commercial and residential land .uses occurring in close proximity. Such proximity is intended to create a downtown urban atmosphere . Staff maintains that the proposed. expansion of live entertainment is compatible with surrounding uses and appropriate. for the downtown area . The key to a successful integration of the two uses relies on proper on-site management of the restaurant ; therefore staff recomends that the expanded uses and hours be subject to a six month review. In addition, compatiblity may be enhanced by requiring that live entertainment cease at 12 : 00 AM on weeknights and 1 : 00 AM on weekends , thus language would need to be added to the attached conditions . RCA -2- (O694d) ,` ATTACH IT J N . . .� Staff has analyzed the concerns stated in the a'` *' y peal and feel that the revision to the Conditional Use Permit No . 90-50 with added conditions will not be detrimental to property values . ENVIRONMENTAL STATUS: - The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . COASTAL STATUS : Pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use Permit No . 90-50 is exempt from the coastal development permit provisions . FUNDING SOURCE: No funds required . ALTERNATIVE ACTION: 1 . Motion to : "Limit the hours of operation and require that closing time be 12 : 00 AM Sunday through Thursday and 1 : 00 AM Friday and Saturday; " or " 2 . Motion to : "Approve the appeal and overturn the Planning. Commission ' s approval of the revision to . Conditional Use Permit No . 90-50 with findings . " ATTACHMENTS : z 1 . Planning Commission Findings and Conditions of Approval 2 . Appeal letter 3 . Planning Commission Staff Report dated July 2 , 1991 4 . Planning Commission Minutes dated July 2 , 1991 MTU:MA: RLF: lp �� RCA -3- (0694d) P _ 0 2 1= EE — 9 - 9 x TUE: 1 5 06 x r JISA I CC.TRANTE & BAR I"ECEIV� I.Ju sebrvary 05, 1993 FE 3 9 DEPARTMENT OF COMMUNITY DEVELOPMENT Mr. Michael C. Adams A.I.C.P, Director of Coaununity Development City of Huntington Beach P. 0. Box 190 Huntington Beach, Ca 92646 i•J Doar Mr. Adams: now recognize amplified music wao not to bp used with a keyboard piano or singing and have cancelled all entertainment until thia issue has been rceolved. Sincerely , - i , ✓N,ibh e.'. Nieca?.6e, M.D. 520 MAIN STREET I]UK-,tN-4 ?N UACH CAL;FOWNL1 92648 7I4/960.6091 �...w..��- - 02-09-93 02: 16F'M F'02 ATTACHMEf TNO. 2. Lu.._ v 1 •4 .__-.� ___._. ._ - _ {..-..�« __�_ __�.�___�_ -___�.___ ..�-_..._.�._.� ter_...___...._ ...�..__�___-_._..___. ft ®® ,kISTORANTE & BAR ✓1z: " January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole ' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following : - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing cP 7 73 Signature , Date �, ATTA HMENT N0. � 9 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 ow ,, �ISTORANTE & BAR January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing 27 Si g,n aPIC re !T Date NPYNGTONAL BAND 501 MAIN ST., SUITE H HUNTINGTON BEACH, CA 92648 A17AC H M E NT N O• �5 \ 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 j VAOR , ,, �ISNTE & BAR m � ` January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem Parking - not a problem V - Employees - not a problem -' Live entertainment - not a problem Hours of operation - not a problem No Dancing v l Signaturev Date ATTACIAMEENT NO. -AYIN 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 ...n. r+mra+ ?'•,iF.s� Arr:. •" k!1?Y�+ '4r'+... . --r .=-.r••c- a;; ..,y ._..�.___`. ----------- KN l`E & BAR _ zt e . ,. t i111 - • January :.27 " 1993 y r TO WHOM-IT MAY •CONCERN. p 8 1 a r We live within 100 yards-'of Niccole1s _R storante 'and feel. that the Restaurant has been very..cooperative over the;-past six months pertaining to the following: Keeping the alley clear r . Sight maintenance ver g y acceptableG.- � Noise via music, employees or.;,"customers - not a problem . - Parking - not a problem - Employees - not . a problem r - Live entertainment not a problem , i`I - Hours of operation -_ not,}a problem - No Dancing A - - - - - t LEG A SOCIETY b Fehruary1 1; 1993 Signature - Date. st -1 f ATTACHgEfVTJ; _ 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 926'}8," sf 714/960-8091 ow K'607ANI % ,, � E & BAR i " January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following : - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing i S-i" nature Date ATTACHMENT NO. Ze-,- 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 CL 100 0 )KAP i C�X 0 ISTORANITE & BAR January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers not a problem - Parking - m ll_ Z�"-tv Q'5k-A - Employees - not a problem - Live entertainment not a problem - Hours of operation not a problem - No Dancing nature Date ATTACHMENT NO. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 ,, .k1STORANTE & BAR t . January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' stigistorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment -. not a problem - Hours of operation - not' a . problem - No Dancing �N►J 1 E S DJ A� c��;: . ; ; Si nature - Date ATTAC rI M E:NT NO. —' 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 VOR 0 L,. USNTE & BAR ' January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's;;#tis,torante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation -. not' a .problem - No Dancing A- r Signature - licite ATTACHMENT '110. 5_ 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 . �Cc l�u ®® XISTORANTE & BAR " January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem 4 - No Dancing Signature/ Da e ATTACE'��`�`�E �T �v�. 3► 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 / . O„ l ,� � `lam l`u eo Yk(STORANTE & BAR i� �s 1 ' January 27, 1993 TO 'WHOM IT MAY CONCERN: We live within 100 yards of Niccole's�AisXorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following : , Keeping the alley clear Sight maintenance very acceptable Noise via music, employees or customers - not a problem Parking - not a problem Employees - not a problem Y ive entertainment -. not a problem Hours of operation not' a . problem . No Dancing ' �7 / Signature - ate ATTACH?-AE► T N0. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 1 714/960-8091 C' 'toy . CCU LlowZ u & BAR January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole ' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem / - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing Sign ture Date ATTACHMENT P, O. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 VOR � "0LIZ .s KISNTE & BAR `t rr �i ` January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing Signature Date ATTACHMENT NO. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 O1100 .V .XISTORANTE & BAR " January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the fg-llowing: Keeping the alley clear V Sight maintenance very acceptable Noise via music, employees or customers - not a problem Parking - not a problem Employees - not a problem Live entertainment - not a problem Hours of operation - not a problem No Dancing Signature Date ATTACHMENT NO .� . 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 - ---m....,'.--.o----z-•.--.��,-,..r,..,:•r��.�,-...�r- c-.,.,_. .,. :...rc.n r ^=r-,Ra9.arv;� n^.*..nr?7' T+n`T.s:.= 'l'.y"'"��:':i',°..i•',•T•r..-- .7 OW RISTORANTE & BAR I January .27 ,` 1993•::'. TO WHOM IT MAY CONCERN: E We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative- over. the past six months pertaining to the following: l A f Keeping the alley clear Sight maintenance veryacceptable(� � Noise via music, . employees or -'customers - not a problem - Parking - not a problem - Employees - not a problem. r Live entertainment notYa problem , - Hours of operation not: a problem 7 - No Dancing `r x 27 ignat r D to ATTACHMEN NO. �. 520 MAIN STREET HUNTINGTON BEACH:-: CALIFORNIA 92648 714/960-8091 i .. ;+n•^.±+mr•.z+.r.: '+�RYr-f`�k"`.y," - ^x�gaac..'-+a�' �7�;�a7ct'�Sa.Ti'�i^za'�!c:%a C6S5*rfvet'"+';�"'± '� .•._f�°"""`r— XISTORANTE & BAR r i January ;27 ,," 199 3' , TO WHOM "IT MAY CONCERN: F{ We live within 100 yards of Niccole's :Ristorante and feel that the Restaurant has been very cooperative" over,:.:the, past six months pertaining to the following: - Keeping the -alley clear Sight maintenance very - acceptablei.: � Noise via music, employees .'or.=customers . -.. not a problem Parking - not a problem Employees - not a problem_ Live entertainment not: a problem A f - Hours of operation -, not-.a problem - No Dancing Sig ure D to • f ((( _ -ATTACHMENT NO. .5D 520 MAIN STREET HUNTINGTON BEACH• CALIFORNIA 92648 714/960-8091 -:.�:xs�x•w. �s..r _:�.�nrce "3`:`y'�x zcc=:c_�-Cz.•'r ��+v-r-iH�'�++--+-t�?ir�au ,'n•,*.+m"�±,iWa% 41�Iew�'n5`."»I'a"""" - _ II' j F E { low 1 k RISTORANTE & BAR j r k { January TO WHOM -IT -MAY CONCERN: We live within 100 yards of Niccole's'-Ristorante and feel that the Restaurant has been very.. cooperative.,roger,.- he. past.six months pertaining to the following: ! i - Keeping the "alley clear 3 � W. - Sight maintenance very acceptabl6c. a - Noise via music, employees or .customers -:_ not a problem - Parking - not a problem F - Employees - not a problem Live entertainment not a problem Hours of operation not a problemr No Dancing s � ,. Signat Date.= h f ATTACHMENT"N0. 520 MAIN STREET HUNTINGTON BEACH , CALIFORNIA - 92648 714/960-8091 Z sfznx+F:-rr.�. ,^C•.'flnwSFgiT"J,[MCf.�• •' �.•:p. •�'�' •9+`a,•-= 1. _ KJiO� RA E & BAR f January ..27,' 1993 . ... k TO WHOM `IT MAY CONCERN: We live within 100 yards of Niccole's-R' s.torante and feel that the Restaurant has been very cooperative.. over...-the. past six months pertaining to the following: p s , V•h l t - Keeping the alley clear - Sight maintenance very acceptabl6 ; - Noise via music, employees,.-or,_.customers - not a problem - Parking - not a problem ss �. Employees -- not a problem ,.., r 3 Live entertainment not,.a problem , - Hours of operation .-. not a problem No Dancing S re /� Date "t t ] r A. F ATTACHMENT NO. S2O MAIN STREET HUNTINGTON BEACH CALI�ORNIA.,', 92648 ?14I96Q-8091 _ e IL II' AN .� �KISTORANTE & BAR ' January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing ire, l -Ed Lg i Date A CHMENT NO. .r 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 '00 ow kv, XISTORANTE & BAR J� January 27, 1993 TO WHOM ITMAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers not a problem - Parking - not a problem - Employees - not a problem - Live entertainment not a problem - Hours of operation not a problem - No Dancing Signature - Datte 52� �101% St, 4-7% ATTACHMENT-NO �_ 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 [STORANTE & BAR J January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following : - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing ignature Date ATTACH viENT N0. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 iNTE /`� CU.�� �ISTORA & BAR rYr 1r''t♦ " January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing Si ur Date % ATTACHMENT NO. 30_ 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 ®jrVNTE & BAR 4.i " January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole ' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing 1 ignature Date ATTACHMENT NO. 3v 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 KOT ow zL`�esE & BAR " January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing Signature —� Date ATTACHMENT N0. .7262 5201AIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 11. Jay A I LLz LCI •sISTORANTE & BAR ' January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing Signatur Date ATTACHINIENT NO. _ 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 KA E & BAR " January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole ' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment - not a problem - Hours of operation - not a problem - No Dancing t � 3 i n ur Dat ATTACHWENT NO. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 . x.w._ ..... x.ra'orys'T�rawa 'r"t:,`'�s•^h.'�„M�...,.•' . �ISTORANTE & BAR January -.27,' 1993 ; r TO WHOM •:IT MAY CONCERN. a � We live within 100 yards .of Niccole's :R' s_torante and feel that the Restaurant has been very,.cooperative`:`o'ver :the past six months pertaining S h'' to the following.- Keeping • • .� the alley clear ' - Sight maintenance very. acceptable4 . t - Noise via music, employees 'or_ customers - not a problem - Parking - not a problem t - E Employees - not . a. problem r: - Live entertainment not a problem , F - - Hours of operation - not a problem I :a — No Dancing t gna ure D te. % TTACHMENT NO. 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA ;i 92648 714/960-8091 : k c3 ` , r _ d LL .� KISTORANTE & BAR " January 27, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: Keeping the alley 0+ veh de_s clear.Pd �q+rorJs Cks wc[' aS debt;� Olur;a� bus�aess ho�cS - Sight maintenance very acceptable UC4'., aPc� grc,h;+ec--tQfall\/ Gp?e4slrj1� - Noise via music, employees or Gusto ers f(qs 6CC J CnA1jQ.+q;Ned a4 re4s0N4bly mede(a-te els lev �o; Tk most po,ct, en�1 ot\I a Feuj raft cc C4 ,yNS i�as WaNC�ef N���a�r"ONS cQuzeGR Jr�NeCNsSut dls+uf6aN�N.S. - Parking - :r5 a -tcemeNdoos e oblcm iri Ckre.c, WhCthC( N; Cule'S , c r G o{tier tsjde)j+i corflcf +> + ftf,, Vo o ecwte_ �her was - Employees - notaproblem- Live entertainment - not a problem - Hours of operation - not a problem - No Dancing IV C.�o�e�� t1 CeS�ec"Fqh�� h,4 h "G�4S5 bk)s��eSS (huc � I�eedec� ice+ �1n;s c.00'.AiNIA S1\ouka o61ed to fcos� ec 0A Cowl G ( Cock i ,��1�I . PG�I��N p(ohleois cuN be eA.Sil� Solved wAln 4A)e ce locti+ u� o� RN uNcived 1 . .b )S - � Stl)? -to ik_ alie(�J0 Cucb aNd, o Corse, so�, nat g �o On 5 Rom"', Date fesJeo+ G+ 5�NC2 JJNZ I�y� Aa�..-j �q ,. l 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 ll OW ,,YRISTORANTE & BAR VOR A POP January 27 , 1993 TO WHOM ITMAY CONCERN: We live within 100 yards of Niccole' s Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following : - Keeping the alley clear - Sight maintenance very acceptable - Noise via music, employees or customers - not a problem - Parking _r 6f 194en A prubjeey\ - Employees - not a problem - Live entertainment not a problem - Hours of operation not a problem - No Dancing nature Date V-\ ATTACHMENT NO. -5 Wo 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 KJ60' MN ,, kE & BAR I� January 27 , 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following .- - Keeping the alley clear - Sight maintenance very acceptable'v% - Noise via music,. employees or customers - not a problem - Parking - not a problem - Employees - not a problem - Live entertainment . - not a problem , - Hours of operation - not a problem - No Dancing Sign to e D e ATTACHMENTNO. 3cc, 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 1 1 4 _ 1 VORAN-1 �LISE & BAR 1 January 27,•" 1993':. 1. TO WHOM - MAY CONCERN: We live within 100 yards of Niccole's ..Ri�storante and feel that the Restaurant has been very cooperative over>::.the: past six months pertaining to the following; ` - Keeping the alley clear - Sight maintenance very 'acceptable, , i1'. Noise via music, employees or ,.customers ; not a problem {{ 1 - Parking - not a problem ' 1k - Employees - not a problem . a ; Live entertainment - not a problem , ` Hours of operation' -. not ' a . problem. No Dancing ,1 ' 1 gnature Date _T A CHMENT NO. : 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 !` List of Events Needing Attention Niccole Six Month Review Wed . Aug . 26 - Niccole customer parked in red curb at our curb which is for proper distance to allow exiting neighbor 's homeeway . One of our cars was in the space which allows one full sized car or two sub-compact or small sports cars . Thurs . Sept . 17 - approx . 10p .m . - Male customer seen leaving Niccole 's staggering badly and fumbled for a long time with the lock on his car before getting in and driving off alone . Mon . Oct . 19 - Red VW Rabbitt with Coastline C .C . Parking Permit belonging to Niccole employee parked behind my car immediately in front of my home and in the red zone from 5: 15 to 9:45p .m . Tues . Oct 20 - Same Red Rabbitt parked in front of my home . When I went to the door to 'determine what noise I heard it was this person leaving he honked loudly for an extended time and turned a "U" turn to leave but not before stopping to shout and obscenity at me as he the screeched off . Wed . Nov . 4 - Niccole employee parked immediately in front of our home from before 5p .m . until 11 : 10 p .m . Male and female talking to each other as he is there to help her start her disabled car ( took about 30 Min . ) She honks her horn goodbye as she leaves . Wed . Nov . 4 - Niccole customer emptied the contents of her purse on the back of one of our cars which was parked well onto private property in the driveway . Fri . Nov . 6 - Same Volvo belonging to employee as Wed . parked immediately in front of our home from before 5p .m . past 11p .m . Mon . Nov . 9 - Motorcycle of one Niccole employee parked on the sidewalk on 6th St . , blocking pedestrian passage . Thurs . Nov . 12 - 10: 15 p .m . - Motorcycle of Niccole employee sitting outside door with driver revving the engine for 5-10 min . Wed . Nov . 18 - Police arrived at Niccole 's just after 11p .m . for a drunk and disorderly patron . Wed . Nov . 18 , 11 :30p .m . until nearly 3:00 a .m . Lake St . blocked off by police at Frankfort/6th St . Later found that pipe bomb reported beneath a van parked on street ( believe this was a Niccole employee vehicle ) . Tues . Nov . 24 - Female customer left Niccole 's and drove her car through the parking area for the apartments facing Main St . and drove off the curb into construction zone , disabling her vehicle . Neighbors helped lift car out but it required towing . My neighbor states she smelled heavily of alcohol . Mon . Nov . 30 - 9p .m . - Loudly dumping large amounts of glass bottles into dumpster .. ATTACHMENT NO. Z * ; Mon . Nov . 30 - 9p .m . - Four people ( two male & two female ) loudly singing and shouting as they left Niccole 's and walked toward their car which was parked near bedroom window of Gae Treece who has the misfortune to live next to the parking lot . Mon . Jan . 5 - 5-10: 15p .m . - Niccole employee parked immediately in front of our home . Sat . Jan . 9 - 5-11p .m . - Niccole employee parked immediately in front of our home . Wed . Jan . 13 - 7 : 1Sp .m . - Started to leave my home for an engagement to find Lincoln Towncar Lic . 2SJR960 parked blocking the driveway completely preventing my departure . I had to walk to Niccole 's in pouring rain and wait as Jack , the manager , searched for the owner . Of course , I was late . Wed . Jan . 20 - Mercedes Benz Lic . 2SPD610 parked for three hours in 20 min . zone in front of market belonging to Chu Pak . Mr . Pak went to ask for the car to move becvause his customers were left with no parking . The car owner threatened Mr . Pak with a lawsuit for disturbing his peaceful meal and demanded payment for his meal by Mr : Pak . Sat . Jan . 23 - White Cadillac totally in red curb in front of our home with bumper just at edge of driveway . The back door opening into the kitchen is almost always open which violates the Variance as does the amplified music that I personally have observed on three occasions and the continued use of our street parking as employee parking . I wish to state that when I have to go to Michael Niccole or Jack , the restaurant manager , they assist me . My point in providing this list is to indicate that all is not well in our mixed use neighborhood . I wish to see 6 mos . reviews continue to be required . I would also like to request that an orientation packet be reviewed with each employee which lists the parking regulations and have the employee sign such orientation forms . As personel development director myself- I used this method successfully to decrease employee violations of company rules . Respectfully submitted: Jo Christian-Craig Feb . 1 , 1993 AMCHMENT NO. - r i I FILE GUIDE Please file this document in: Category: Label : I .�a e,%)v1c) fo -So- A!«eyIcs rY,o. ��► �kJ i Established file New file — see Other• 84 I .3 0 6 � c , ' l NIA STATE OF CALIFOR 3 County of Orange I am a Citizen of the United States and a resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general ;eusu NOTICE . ONseFILE A;copy of=ahe circulation, printed and published in the City of y,R proposed request�s on file :;,NOTICE OF In the}Gty;Clerk saOifice; Huntington Beach, Countyof Orange, State of a �PUBLICN, ARING;y 2000 Main_Street= Hun y► SIX'MONTHIREVIEW' Ungton, Beach Cali(omia Cafifomia, and that attached Notice Is a true and OF CONDITIONAL 926;48 for inspection.",- 'USE PERMIT NO the;public A copy„ofthe complete copy as was printed and published in 9o-=soFOR � Itoanteresied Partes�at!Cii HaIPy' NICCOLE S or the :Main Crt "LIB the Huntington Beach and Fountain Valley REsrauIANT ;_. ibra. y r a r4y (7Ja11 Talbert} A3`} (ACOUSTIC LIVE. enue) after +Jan6ary28 issues of said newspaper to wit the issue(s) of: ENTERTAINMENT 1993. , ALL INTERESTED PERa - AND DANC'ING)- , ¢ 1 SONS are invited to attend NOTICE 14!-.' EBY , } - said;hearing 'and expres GNEN that th_e,Hunppgtonl opmi`onsn or �submif i= Bea`ck:: City` Gounal will hold a 6blic hearing m that degp, m wntmg to the`Gi`ty Council Chamber at the Clerk.fo„oragamst thetap January/ 21, 1993 Huntington Beach Civic plica{ion a's oUt�lined aliov�e: Center, 2000'Main Street If lfio- �re20, further questions please I.call Iularg- Huntmgton Beach Califor are pRile ^"Enwro'm`en al time indIcatedtbelow to re Officeat'S3(r527 carve and 'consider the Connie Brockway; statem ents of�all�persoir�s� CrtyfClerk f , , x who Ash to bWheard r'ela 3a HunbngtonegBeach Gdy- �tive to the applicairon de I Council 2000j is Street; sDATE1TIMEWMonda Feti Hunting oriBeach CfA yy 926413(714)t536 5227' max= ruary`.1,1993_ �,.� r� 'n APPLICATION.- NUMBER Fublrsh Huntrngthn • Conditional Use Permil`Noj Beach Fountain Valley'In- f90 50(Six Month Rewew) ; dependent Ja uary 21, APPLICANT�Michael Nic i 1993'.� &L+OCATION ''520 Main Street;. (Northeasterly, c- ner of .Main->Street Sixth Street) ZONE: Downtown Specific Plan-District16'` REQUEST t-To review; 1 declare, under penalty of perjury, that the compliance to the con ditidns-set forth'rn,Condi foregoing is true and correct. whic is a per it ;t 90 50 whicliMeis a permit to allow: unamplified'--acoustical' music4ith 115'�sq6are feet Executed on January 21 1 gg 3 of rtof,ng oh the second r '� floortof.+an existing restau; at Costa a, Cafifomia. rant ;ENVIRONMENTAL' STA' TUS',-66ied66cah j4exempt pursuant to Section 1-k Q'IA': Class=-1� of.ahe sCdlif&nia Environmenwri.,udty 'COASTAL STATUS Notl Signature applic-able (1unl ess :inl coastal zone) +s u i - i PROOF OF PUBLICATION STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH . INDEPENDENT, a newspaper of general $ _ h .raPUB`�r'N,:OT(CE ��! ON FILEA$acopyi°ofthe. circulation printed and published in the City of f fo osed re uest is on+file^ r iw NOTICE OF P P _ q . Huntington Beach, County of Orange State of PUBuc HEAR Na mr,�theyCity Clerk�saOffice; 2000 Main StreetHun- SIX;MONTH RE111EW. " t CaGfomia, and that attached Notice is a true and Itmgton, Beach z'Cahforrna OE3CONDhT+ZONAL r- 92648�aor°inspection tby USE-PERMIT NO '� they iublic A yc py of thet complete copy as was printed and published in " S 9040 FOR staffstaHreport«wilbe available. NICCOLE el r� to interested part�es'at City the Huntington Beach and Fountain Valley 4- RESTAUW►`'Nr f � Hall or`tne Main atyt Li{ (ACOIJSTIC'L"NEej brary. (7111 Ta�IbertAyy issues of said newspaper to wit the issue(s) of: j ENT ERA'1NMENT i 1993) after January 28 AND-DANCING —_? ALL :INTERESTED PER' NOTICEI"'1S HEREBY SO &Arg n-0166rto attend € a.- GNEN fhat the Hurlttrrgton SM.,_aheanng and express Beach Cit Coun *wlitl opmioris"_o, submi t hold a ptitilicrhearing m the. Bence in,+wntmgjto the City, Counalk Chamber-t.at the` Clerk for or against thap January 21, 1993 Huntington,,Beach- Civic plicati n.as`outlined,above' Center, 2000 Main Sliest; If there; are any runner; Hunbngton=8each !-Califor' questions plea a call Mang' nia on the date'and:at t e aret Riley`WEnvironmental I time Indicated rbelow io°ie Officer at 536 5271 ` cewe and; consider the ConnieA Brockway;' statementst of all'persons Ci ;Clerk '" who Mnsh•to be heard�rela x ' y +r�. Huntirigton, Beach Ctty five to the%appiicarU�`on d Council,-jmoo,Main�Street scribedeiow •DATE/TIME Monday Feb Huntington'�tBeachr�aCA` ruary 1,,t993 1r�t= 's' : 92648.(714)�36"5227 APPLICATION NUMBER Published HunUng[on` Conditiona+'Ml Use+Peri NNo+ Beach;Fountain Nall y+In 90 50(Sixonth ReV�ew) deperident January APPLICANT col@ Michael Nic 110.93 r s LOCATION520 ,Mam 013842 Street (NorthsasteFl cor- ner of`-MairisStreet a- Sixth Street)tr k ZONE:,DowntownlSpecific Plani-District•6 rf .REQUEST T- 'review' declare, under penalty of perjury, that the compliance to thi.tcoo* ditions set4forth in COHN J foregoing is true and correct. tionai UsefP.efmitiN`o'90�501, which is arpermrt,to;allow1 unamplifiedt acoustical11 music with 115 sclAre'446t, Executed on January 21 99 3 -of dancing'on the second floor of an existing iestau l at Cost a, ,,t rant. ;. C�tlfomta� + ENVIRONMENTAL STA=1 TUS. Cafgg`oncalfyxIceitempti pursuant4tw'Section^1530.1;. Class AUS: 1+of the�ACalifomia Environmental°Qualitj/4Rct'.' "COASTAL-` STAT Not Signature applicable (unless coastal zone) D PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 FOR NICCOLE' S RESTAURANT (ACOUSTIC LIVE ENTERTAINMENT AND DANCING) NOTICE IS HEREBY -GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, February 1, 1993, 7:00 PM APPLICATION NUMBER: Conditional Use Permit No. 90-50 (Six Month Review) APPLICANT: Michael Niccole LOCATION: 520 Main Street (Northeasterly corner of Main Street and Sixth Street) ZONE: Downtown Specific Plan, District 6 REQUEST: To review compliance to the conditions set forth in Conditional Use Permit No. 90-50 which is a permit to allow unamplified acoustical music with 115 square feet of dancing on the second floor of an existing restaurant. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Not applicable (unless in coastal zone) ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 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 City Hall or the Main City Library (7111 Talbert Avenue) after January 28, 1993 . ALL INTERESTED PERSONS are invited to attend said- hearing and express opinions or submit evidence in writing to the City .Clerk for or against the application as outlined above. If there are any further questions please call Margaret Riley, Environmental Officer at 536-5271. Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (5606d) Terry L. Olson 611 6th Street + Al Fink Huntington' Beach, CA 92648 17022 Baruna Lane Huntington Beach,_ CA 92649-3022 Jam,,Craig zz ? a Mary_FElleri Houseal ` _ �_ - Huntington Beach, CA 92648 69 5 2 BS runa' Lane 1 Huntington Beach,rCA 92649 David Komendat 16752 Moody--.Circle Apt. - B Stephen Sutherland Huntington Beach; S ' CA' 92649 17131- N. Pacific n _. uset Beach-; CA� 90742 Michael D:-- Cox 415 Townsquare Lane #301 John Belsher Huntington Beach, CA 92648 1010 Peach- Street San. Luis -Obispo, CA . 93401 Jacques le Forestier 520 Main Street Leo Soukeris Huntington Beach, CA 92648 7211 #B Warner Avenue Huntington Beach, CA 92647 Melani Hurwitz 3500. S. Bristol St. I James Barone Santa Ana, CA 92704 2010 Main Street #1200 Irvine, CA 92714 Anthony Paterno 9022 Santiago Huntington Beach, CA 92646 i Beverly Clark 17652 Putney Circle Huntington Beach, CA 92649 • t Lynn Schang Mrs . W. Noecker: 533 Lake Street 16961 Coral Cay Lane Huntington Beach, CA 92648 Huntington Beach, CA 92649 Harold A. Ducote, Jr. Loretta Wolfe 411 6th Street Newport ort Beach, CA 92626 MacArthur Cc. Huntington Beach, CA 92648 Newp Gus zisakis Dianne Easterling 16951 Mt. Collien 203 8th Street Fountain Valley, CA 92708 Huntington Beach, CA 92648 Michael Niccole Kelly Gifford 520 Main Street 19301 Archf ield Huntington Beach, CA 92648 Huntington Beach, CA 92648 Devon Niccole Gordon - Bricken 16861 Coral Cay Lane 1621 E. -17th Street "K" Huntington Beach, CA 92649 Santa Ana, CA .02701 j. Charlene Pellin Adriaan Mechielsen` 17181 So._Pacific Avenue 800 .TractaOn:Avenue Los Sunset Beach'; CA 90ia2 - _Angeies, `CA 90013 i _ . `Natalie`.;Kotsch Geri Kinsey J _ 1722 'Park '8321 Snowbird .Drive i ! Huntington Beach,`'CA . 92648 Huntington' Beach;*CA 92648 Tony-Vendetta " Sharon .Suada Lee - j = 185I2 Vallarta --Drive 611 .6th Street #4 Huntington Bh, xCA` :92648 Huntington;Beach,.CA 92648 - 1 .!:_ k ? eac y I REQUEST FOR CITY COUNCIL ACTION Date February 1, 1993 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrat'darow /d!�_ Prepared by: Michael Adams, Director of Community Developme 4f Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 oti -/-93 y-Ca 00'7' 40,V 0y>£iv Consistent with Council Policy? (G] Yes ( ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE• Pursuant to conditions of approval imposed by the City Council, staff has conducted an additional six (6) month review of Conditional Use Permit No. 90-50 to permit live entertainment at Niccole' s Restaurant at 520 Main Street. In addition, at the last six month review, Council had asked that staff verify whether Conditional Use Permit No. 90-50 included a dance floor. Staff researched the history of the Conditional Use Permit and found that on October 21, 1991 Council had voted 4-3 to eliminate the dance floor. The conditions have been updated/revised to reflect this decision. RECOMMENDATION• Motion to: "Approve the review pending compliance with latest notice of violation" . ANALYSIS• On October 7, 1991, the City Council denied an appeal by Mr. Gus Zisakis who opposed allowing the revision to Conditional Use Permit 90-50 which permitted Niccole' s restaurant located at 520 Main to expand their live entertainment provision. This provision included unamplified musical accompaniment to an existing unamplified piano, and an expansion to the hours of operation. The conditional use - permit required that city staff conduct a six month review to check the status of the conditions set forth in Conditional Use Permit No. 90-50 . PIO 5/85 On May 8, 1992, Code Enforcement conducted an inspection for the initial six month review and found Niccole' s Restaurant to be in full compliance with each condition. During the City Council meeting dated June 1, 1992, Council voted to approve the six month review and requested that staff schedule an additional six month review. On Friday, January 15, 1993, Code Enforcement conducted an inspection of the premises at approximately 10:00 p.m. and observed the following status of each condition listed below: - Alley Conditions . The alley area directly behind Niccole' s continued to be maintained in a clean and orderly manner and there was complete open access for emergency vehicles. - Site Maintenance. The entire site continues to be maintained in a clean and attractive manner at all times. - Noise Transmission. According to Huntington Beach Police Detective, Lee Camp, there have been noise complaints affiliated with the day-to-day activities of the restaurant, particularly the loud noise when trash is dumped into the trash bin, located in the alley. Since the last review dated June 1, 1992 the Police Department has responded to two (2) disturbing the peace complaints at 520 Main Street. - Employee Parking. Attached to Council ' s review is a copy of Niccole' s employee parking plan which designates employees to park on the west side of Main Street, in front of the library at 525 Main; on both sides of Sixth Street just west of Main and on both sides of the street in front of C & R Plumbing located at 500 Lake Street. It appeared from the inspection dated January 15, 1993, that there was no parking problem. - Employee Monitoring. According to Niccole' s Manager, Jacques le Forestier, he monitors the current employee parking plan and is receptive to altering the plan if needed. - Hours of Operation. Niccole' s adheres to the hours set forth in condition #3 . - Live Entertainment. During the inspection dated January 15, 1993, staff observed part of the entertainment to be amplified where as condition #2 requires that the entertainment be restricted to an unamplified acoustic piano and unamplified musical accompaniment. RCA -2- (5630d) There was an amplified drum machine being played at a low volume; an amplified synthesizer; a microphone which was standing alone and positioned in a way to amplify the acoustic instruments along with a small speaker which was facing the restaurant patrons. The acoustic instruments observed being played consisted of a flute, saxophone and bongo drums . The amplification was adjusted at a low level and could not be heard along the exterior of the restaurant building. A Notice of Violation was issued and the applicant will cease the use of amplified instruments . Status of Dance Area. There was no dance floor within the restaurant. Additionally, as stated earlier in this report, the previous condition to allow a dance floor has been deleted from the current conditions per Council ' s decision on October 21, 1991 to deny the dance floor. It should be noted, that although the six month review is a non-public hearing item, staff has sent courtesy notices to each individual who previously spoke in favor/opposition to the Conditional Use Permit six month review dated June 1, 1992 . FUNDING SOURCE• Not Applicable. ALTERNATIVE ACTION: Motion to: "Schedule an additional review within three (3) months . " ATTACHMENTS. 1. Conditions of Approval dated October 21, 1991 2 . Employee Parking Layout 3 . RCA dated October 7, 1991 4 . RCA dated June 1 1992 MTU:MA:MR: lp RCA -3- (5630d) Gorrected Page Page 7 - Council /AgencY?.+inutes - 10/21 /91 The main motion made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 carried based on the following amended Findings and Conditions of Approval : Findings for Approval - Revisions to Conditional Use Permit No 90-50: 1 . The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not create traffic problems . 4. The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. Conditions of Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the approved layout with the following modification: a. Addition of a full solid core door consistent with noise study presented October 21 ; 1991 . 2. Live entertainment shall be restricted to an unamplified acoustical piano and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday - Saturday Dinner 5:00 PM to 1 :00 AM Sunday Dinner 5:00 PM to 11 :00 PM 4. Clean up activities shall * be interior only after 10:00 PM. 5. The full solid core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify the new hours of operation and expansion of use a three month review shall be conducted by the City Council which addresses the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Moulton-Patterson NOES: Kelly, Robitaille ABSENT: None 192 r . I PkG� nr AyiZNQE I �� � TE A►vl �. �( l GL0L1�S R, I c yc LE SAAlm ys J Co 0000 BARK !N� per low W i N Icc-o L E S �' R t5 roRRN -ram Ill Cy of ;� _ O` " = PAkkIlly'67 REQUES'1 FOR CITY COUNCIFACTION Date June 1, 1992 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga , City Administrator D� Prepared by: ichael Adams , Director of . Community Development Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 Consistent with Council Policy? 'Do< Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pursuant to conditions of approval imposed by the City Council , staff has conducted a six ( 6) month review of Niccole ' s live entertainment . Staff has found them to be in compliance with their conditions . RECOMMENDATIQN: Motion to : "Approve the six month review of Conditional Use Permit No . 90-50 . " ANALYSI$: On October 7, 1991 , the City Council denied an appeal by Mr . Gus Zisakis who opposed allowing the revision to Conditional Use Permit 90-50 which permitted Niccole ' s restaurant located at 520 Main to expand their live entertainment provision to include unamplified musical accompaniment to an existing unamplified piano . The revision also allowed an addition of 115 square feet of dancing area on the second floor only and an expansion of the hours of operation. The conditional use permit requires that city staff must conduct a six month review to check on the status of the conditions set forth in Conditional Use Permit No . 90-50 On May 8 , 1992 , Code Enforcement conducted a compliance inspection to the six month review for Conditional Use Permit No . 90-50 . Code Enforcement ' s inspection revealed that the following conditions remain in compliance: - Alley Conditions . The alley area directly behind Niccole ' s was maintained in a clean and orderly manner . The alley also had complete open access for emergency vehicles . - Site Maintenance . The entire site is maintained in a clean and attractive manner . Noise Transmission . According to Huntington Beach Police Detective J. Nelson, the police have not received any calls in regards to noise/disturbing the peace . Employee Parking . Attached for Council ' s review is a copy of Niccole ' s employee parking plan which designates employees to park on the west side of Main Street, in front of the library at 525 Main; on both sides on Sixth Street just west of Main and on both sides of the street in front of C & R Plumbing located at 500 Lake Street . - Employee Monitoring . According to Niccole ' s Manager, Jacques le Forestier, he monitors the current employee parking plan and is receptive to altering the plan if needed . - Hours of Operation . Niccole ' s adheres to the hours of operation set forth in Condition #3 . Live Entertainment . The current mode of entertainment is the occasional use of an acoustical piano . Limitation of Dance Area . The dance area remains located on the second floor and consists of 115 square feet . It should be noted that although the six month review is a non-public hearing item, staff has sent courtesy notices to each individual who previously spoke in favor/opposition to the Conditional Use Permit revision . FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: 1 . Motion to : "Schedule an additional six month review to Conditional Use Permit No . 90-50" . ATTACHMENTS: 1 . Conditions of Approval 2 . Employee Parking Layout 3 . RCA dated October 7, 1991 MTU:MA:MR: lp RCA -2- (3359d) Corrected Page Page 7 - Council /Agency. +inutes - 10/21 /91 The main motion made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 carried based on the following amended Findings and Conditions of Approval : Findings for Approval - Revisions to Conditional Use Permit No 90-50: 1 . The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not creat.e traffic problems . 4. The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. Conditions of Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the approved layout with the following modification: a. Addition of a full solid core door consistent with noise study presented October ,21 , 1991 . 2. Live entertainment shall be restricted to an unamplified acoustical piano and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday - Saturday Dinner 5:00 PM to 1 :00 AM Sunday Dinner 5:00 PM to 11 :00 PH 4. Clean up activities shall be interior only after 10:00 PM. 5. The full solid core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify the new hours of operation and expansion of use a three month review shall be conducted by the City Council which addresses the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring Hours of Operation - Live Entertainment The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Moulton-Patterson NOES: Kelly, Robitaille ABSENT: None .19 P,4RKj rY C, PkCPN AVENUE f� Jr t i 1 w ICCOt` 12; ICYCLE SAnt�lys t- �j Co oplo PARK ING . Per ;Z,.,k. .:,, i� NIcc-ci-ES 1,S7 o R AN r la Qf W 1 • oI s A CActi1 S--I-R15k-a✓ ►�� i % l45 REQUEf .. FOR CITY COUNC'' ACTION October 7 , 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T . Uberuaga , City Administrator Prepared by: Michael Adams , Director of Community Develkpment Subject: APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO. 90-50 Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal by Gus Zisakis to the Planning Commission ' s approval of a revision to Conditional Use Permit No . 90-50 . The revision is a request to expand live entertainment to include unamplified musical accompaniment to an existing acoustic piano, add a 115 square foot dancing area and expand hours of operation . RECOMMENDATION: Motion to : "Deny appeal and sustain the Planning Commission ' s approval of the revision to Conditional Use Permit No . 90-50 . " Planning Commission action on July 2 , 1991 : On motion by Kirkland and second by Leipzig , the Planning Commission approved the revision to Conditional Use Permit No . 90-50 by the following vote : AYES : Richardson, Newman, Kirkland , Dettloff , Bourguignon, Leipzig NOES : None ABSENT : Shomaker ABSTAIN : None MOTION PASSED P10 5/85 Staff recommends that` the City Council deny the76ppeal and sustain the Planning Commission ' s approval of the revision to Conditional Use Permit No . 90-50 . .ANALYSIS: Appellant : Gus Zisakis 16951 Mt . Collins Fountain Valley, CA 92708 Applicant : Michael Niccole Nicolle ' s Ristorante 5220 Main Street Huntington Beach , CA 92648 Location : 520 Main Street (Northeasterly corner of Main Street and Sixth Street)' The owner of Niccole ' s Restaurant has requested a revision to Conditional Use Permit No . 90-50 which was approved by the Planning Commission on December 4 , 1990 . The revision includes adding unamplified musical accompaniment to the existing piano entertainment , adding a 115 square foot dance area and extending the closing hours on Monday through Thursday and Sunday to 1 : 00 AM and Friday and Saturday to 2 : 00 AM. Staff has reviewed the request and has determined that adding' unamplified musical accompaniment to the existing acoustical piano entertainment will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere . The appellant has submitted an appeal which states that the restaurant has devalued property directly next to the restaurant . The appellant has received complaints from his tenants regarding noise and parking problems . The main issue seems to be extending the hours of operation being to 2 : 00 a . m. The appellant -has also stated that in addition to noise there are parking problems and health code have been violated . Staff has referred the health concerns to the County Health Department and their staff are investigating the statements . The parking issue concerns the location of employee parking adjacent to the residential areas . The restaurant manager has directed his employees to park elsewhere . The restaurant is located in the Downtown area in a mixed-use zone . Mixed use typically. results in commercial and residential land uses occurring in close proximity . Such proximity is intended to create a downtown urban ._atmosphere . Staff maintains that the proposed expansion of live entertainment is compatible with surrounding uses and appropriate for the downtown area . The key to a successful integration of the two uses relies on proper on-site management of the restaurant; therefore staff recomends that the expanded uses and hours be subject to a six month review. In addition, compatiblity may be enhanced by requiring that live entertainment cease at 12 : 00 AM on weeknights and 1 : 00 AM on weekends , thus language would need to be added to the attached conditions . RCA -2- (O694d) Staff has analyzed -the concerns stated. in the aWea1 and feel that the revision t-o the Conditional Use Permit No . 90-50 with added conditions will not be detrimental .to p-roperty values , ENVIRONMENTAL STATUS : The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . COASTAL STATUS : Pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use Permit No . 90-50 is exempt from the coastal development permit provisions . FUNDING SOURCE: No funds required . ALTERNATIVE ACTION : 1 . Motion to : "Limit the hours of operation and require that closing time be 12 : 00 AM Sunday through Thursday and 1 : 00 AM Friday and Saturday; " or 2 . Motion to : "Approve the appeal and overturn the Planning Commission ' s approval of the revision to Conditional Use Permit No . 90-50 with findings . " ATTACHMENTS : 1 . Planning Commissio-n Findings and Conditions of Approval 2 . Appeal letter 3 . Planning Commission Staff Report dated July 2 , 1991 4 . Planning Commission Minutes dated July 2 , 1991 MTU :MA: RLF: lp RCA -3- (0694d) jAr RECEIVED Ill/ll ll_/ CITY CLERK "`/�` CITY DF TORANTE & BAR HUHTIkcTIIr� BEACH,CALIF. 57 AN 193 ;00 February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signature Fnanh Weaton Date 415 %ownaquane Lane #309 Febnuaay 18, 1993 Address un Lng on ZleacA, 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 From the desk of Frank Weston (714)536-61 14 i FRANK L. WESTON Fe6lwaiLy /8, /993 i 415 TOWNSQUARE LANE, 130.9 TO W#OM IT MY CONCON: HUNTINGTON BEACH, CA 92648 In the /6 montha I have .Lived heize, I have neven once heaad muAic oA noiae o� any hind. I .Live 75 gaAda �Aom i Niccole 'a wont door and my windowA ane a.Lwaga open. 6veAyone AAould compAomiAe on piano oA violin PA background muaic. Frank L . Weaton I r } a KA� CC ` -RECEIVED LCITY Ci ERK CITYOF KE & BAR HUNTINGTON BELCH.CALIF. ree Z2. 9 57 AN *93 i' February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing J/qlq — Signature Date ddres 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 iP. RECEWED ll�llO�L "C ` v HUHT1kG CITY OF KISTORANTE & BAR Tok c3EACH,CALIF. .. , FEB 12 9 ss tl� 193 February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Si ature Date L � A dress 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 I C�E / RECEIVED �, CITY CLERK CITOF XISTORAN & BAR µuNTINGTDNY EACH,CALIF. FE6 22 9 50 `93 ;i February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing S g' u e Date e-'! d-UJY2Sq1 laud 9/'w'z- ;kddreis 'gea C-� 6 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 i "f � KA /W RECEIVED Z / �LER K "q7 OFTE 11LiF- & BAR "uKT►Kcs�H a[158 •93 g5a �� . f Ee 22 7 - February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signat re Da e Ll Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 1 A / RECEIVED l�l� ` CITY CLERK + JA� "� CITY OF TORANTE & BAR NUNTtNGTQt�3EACfi.cAUF. FEB 22 9 58 QM '93 <j February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signature Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 1 , YA r lKNTE & BAR to r� February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees-or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem0)�'S-c ( • AV"- No Dancing rn�, Cam e01 KOJ K � W a� W. _ 91 dvrne-d ignature Date ow v Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 ' RECEIVED '00' l/ Lll_/ CITY CLERK / A ` CITY Of O HUNTINGTOH BEACH,CALIF. TE & BAR hB ZZ 9 ss A9 193 i000, 00000 February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Zif Signature Dat Address q 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 /' RECEIVED C L CITY CiERK YA " ` CITY 7F TORANTE & BAR HUNTINGTON BEaCI#.CALIF. hB-22 9 58 AM `33 ' YT I February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signature Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 l RECEIVED / - `` LIZ CITY CLERK CITY OF XISTORANTE & BAR HUNTINGTON BFnct�.CALIF. �I i hB IZ 9 58 AN `93 t , February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing 2 - Signature Date ij & Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 i • �•, RECEIVED JA� ll CERt;TORANTE & BAR NTIriGtD!+ v=cay Of r �. FEBZZ 9Sg �� 1g pool February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signature Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 i 11' kECE �c.., JCISTORANITE & BAR TO, Uy Q '93 1 4 I February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing CL� S "n ture Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 i q � r �., kECEyVEq C l/ _/ C.4TY:CLERK JA� L` CITY DFyUATlttGTt)'� Ch.GtttF.TORANTE & BAR Z 9 58 A '93 9 j' 'l ` P February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing ALI Signature Date L��[-����A I W--)�A Address - 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 • �.r RECEIVED KA 1 v.TY CLERK C l �!TY �� . E & BAR HUNTINSTKG.ac!'.cHL!F. FEB_2� 9 5� 'g ioop 00 a February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing 2ajjLM- Slgnatur6'-� Date 4- f ll Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 '7 '0W i(ECEIVED IRK Lr C L KKISTORANTE & BAR 14UST S 93 February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing re Date Wd'dress 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 RrCEIVE D YKTOR'ANTE `tiT CALIF,, & BAR '93 DEB 22 � February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem i • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signature �) Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 i�EC��`ERK CITY �•Cr, �UpltttGTnH3E.A GQt_tF. FE9 22 9 59 February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing S' ;atuZre _��D� Date �Ip RECV4EO ��E►Rh Av �KISTORANTE & BAR N�NjtRG 9 p!d +g3 1 February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing 1- / 7 - Signature Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 fRiSriaY C TErYtL,4Si;FR0 0 XA� E r t, ;•ALIF & BAR RUNTiNGTfi ii.« .x, _ February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing aA Signature Date Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 RECEIVED / I l l b \ , CITY CLERK OF v CITY OF .� �XISTORANTE & BAR HUNfINGTGty 3Lt.( H,CALIF. Fie 22 9 59 H '93 f �Y¢eS.J February 12, 1993 TO WHOM IT MAY CONCERN: We live within 100 yards of Niccole's Ristorante and feel that the Restaurant has been very cooperative over the past six months pertaining to the following: • Keeping the alley clear • Sight maintenance very acceptable • Noise via music, employees or customers - not a problem • Parking - not a problem • Employees - not a problem I • Live entertainment - not a problem • Hours of operation - not a problem • No Dancing Signature Date n 415 Address 520 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 714/960-8091 1 i 50 " a5 Zi�ak�s � s � VIA M C Q9 A � Main Sheet Cafe C �► C/ J q 110 )� ' i` r�.� o c-) Povr.141 C � ��tiTn W2 Main Street, 1luntinLyton beach. CA 92C48 (71,d) 9CO-9197 a p� —'HORELINE Leo Soukeris 7211 Warner Ave. • Huntington Beach CA 926487• (714) 848-2262 FAX (714) 848-1140 TO WHOM IT MAY CONCERN: Pertainning to Nicole's restaurant which is located on 529 Main street in Huntington Beach in the corner of 6th and Main, request of extending the hours and conditions of operations. I, Leo Soukeris am a realtor in Huntington Beach knowing the downtown properties and redevelopment. The hours extended any later than 10.00 PM to the request of 2.00 AM and the request of live music and dancing would devaluate surrounding properties especially the one directly behind the restaurant, with the address of 611 6th street consisting of five rental units and one commercial. This area is supposed to be consisted of apartments, condominiums, single family residences and day-time only commercial. This is my opinion as a result of my experience in the field of real estate. sincerely, Leo Soukeris .+k i•T " � 1 �r1• ' i .r r " ri : .°`fir, - ------� - - �I�►C' `�.r�a.l�� Fti� c�i'�b�I�C%� .---�Ics ��� t- ,.,���= At f W09 ma's kit7` II CID r :. �V� OK�L V20 bW, to, &Aff)--OVC-/ OUMAA- W-1 r --- ----- 'Too OwIff �Ww kell .. U ,t- 1141 I Cl �(! I(?nl �� SAG U Tr . "�'� 9( q ►.( al cm �I .I Wk/ �r�-Q-1f fiMf? old! WVT �IwLtj� OA WL Opaw Wee a 1 q , u'I) •�rp b tip i y July 2, 1991 To; Huntington Beach Planning Commission �3 I am a resident at 611 6th Street, Apt. 3, Huntington Beach. This letter is in response to the request to revise Conditional Use Permit No. 90-50. I see several problems with this proposal . The main problem is the continuous problem of parking. At this time we have a problem with park- ing. I have personally had to go down and speak to the manager in regards to this problem. The manager was very uncooperative and denied his employees were parking on the street until I had to point out exactly which which cars belonged to his employees. The agreement between the restaurant and the manager of Niccoles was that if the street is full of parked cars we could park our cars in the lot. 1 was threatened that my car would be towed on 6/21/91 and was quiet perturbed to find that the employees were parked in spots in front of the apartments therefore I parked in the lot. The parking lot was over half empty! The point I would like to make is that if the restaurant is not cooperative now what will arise when they don' t stick to this new proposal . There i.s' already a problem with parking and this will only make it worse. I oppose the notion of this proposal . Sincerely, Heather Pochter 611 6th St. Huntington Beach,' Ca 92648 C���►vV � 4����iUf W / 9 9/ d ' ZW � ca, a ua /oi'`,`°h' Owl) '('�Qvfc� l✓1 � �8v'u�a-� ���� L-r- Ls u Est �ro- �?e:.�p�,Q, w4vo t� .h2 � ,•. -�-tuP� �w.W,.ed�at� boned w rE-h avn oar -t�qqt` bLi �c� r�twrun��Mj �OC14 �C'Q -�1• = vy-)kj (6vy-n 1 ; .sad ..�•- _ _..__ ..._ - - -- - �. �l �' (� c' isN-L. Ss /-! `F E s r v K A/v7' A T % c-- S Pli o Q_k L Ni Ni_s QVo ie . s-re /c4ff�_ ------ -- —--- Y -- ...: --:----- f o_s fi k s Tv tii r rc S 4 Al /1 7`h' liv G Ci IV A /u.� S �I o u ll iu o f o F'/^ N - - - D o N 'f LL/A- N A N A r-4F-/P H 14 A /C45- 4 /3 k e`er--r.s 4,/ X /-7 a IN -- - - (� L✓� 1= �2 F 4/ ,n, ra/c z 1 l My name is Gus Zisakis. I am the brother of Phil Zisakis, owner of the property at fill 6th St. We have been partners in the glass business for over 14 years in Huntington Beach. I have managed and maintained the rental units on 6th St amongst other rental units in the Huntington Beach area. Besides the problems -already mentioned by the opposing speakers one of our concerns I must emphasize is the devaluation of the property. This property generates an annual income of $60,000 and we feel any revision to the current Use Permit would further devalue property and affect the business income of the property. For example: 1 . ) Difficult to find suitable tenants to rent next door to a bar. 2 . ) Inability to provide a quiet enviroment for the tenants. 3 . ) Inability to provide suitable and adequate parking. The overall attitude of the owners/managers of the resturant has been one of arrogance and "I don't care about you. " "We' re gonna do what we want, when we want, where we want. " We have enough to deal with under the current situation. Any revision of this Conditional Use Permit is no way feasible to the surrounding neighboorhood. Chris Craig /ao� 529 Lake St . 41l H .B . ,Ca ,92648 July 3 , 1991 Planning Commissioners Commissioners , I am sorely disappointed in the -commission 's actions on the night of July 2 . I am refering to decisions that were made in regards to Niccole 's Restaurant hours of operation ( item B-3 ) . District Six ( 6 ) is uniquely a "mixed use" zone . The commission had a perfect opportunity to plan and integrate these uses . The residents ' requests to keep the hours of operation to those of a dinner/dancing restaurant ( open to mid-night ) , rather than the approved night-club hours ( open and live entertainment to 2 am . ) , is a open invitation to disaster . The commissions reponse to the residents who attempted to participate in their community was , and I quote , "buy ear-plugs or move" while not only unprofessional and rude , indicates the ineptness of the commissioners to plan and generally reflects upon those who appoint them . S i nGrerely , Chris Craig cc/ Mayor Peter Green All Councilmembers Michael Uberuaga Mike Adams T OPEN LETTER TO WHOM IT MAY CONCERN ` Re! Hiccole's Ristorante Located in Huntington Beach 't. My name is Terry L. Olson. I have been- a resident of Huntington Beach since 1-983 and presentl.y .live within 100 feet of Nicco:?e ' s Ristorante. I am. opposed to the :serving of alcoho]. within 100 feet of my resident for the- following reasons as outlined .in the issues below. Further, I am ,opposed" to this business establishment operating past the hour of. 8:30 PM as it infringes upon my right: of quiet enjoyment. Request is made, herein, that this business establishment be limited. to operating up to, but not rfter, the hour of 8:30 PM for .the following reasons. ISSUES: Expand Hours of Operation The proposed revisions will be detrimental to property values and rents in - the area. Tenants have relocated as a direct result of the hours of operation and rental units stand unoccupied without future prospects for occupancy as a further direct result of the hours of operation. Expand Live Entertainment The .proposed .revisions will be detrimental to the general welfare of the persons residing in the area. This is the southern boarder' of a 'Long established residential - area with homeowners and tenants :accustomed to an established life style of peace and tranquility. Traffic anal Parking Problems : The proposed revisions will exacerbate current traffic and parking problems for homeowners and tenants . When the applicants business is in operation there. is no street parking available for homeowners and tenants . Employees of the applicants business area forbidden from parking in the applicant's designated parking ?.ot and the owners .refuse to do so. The applicant does not take reasonable measures to direct his clientele to park in the designated parking lot with the result being no street parking available for local residents . When local residents have parked in the applicants lot they have been subject to tow. See .photcjs 5 & G ( 9 : 30 AM) and photos 7 & 8 ( 8 : 00 PM) 'taken Monday July 1 , 1991 . 1 i Page 2 ISSUES: (cont . ) Land Use and Health Code Violations Presently there are reports to the Panning Commission for .land use violations and reports to the Orange County-'Health Department for violations of the Health Code. These reports are. currently under investigation., (See photos 1 , 21 3 , & 4 . 1 Huntington Beach Liability The applicants employees clean. the k `chen and sweep dirty, soapy, oily water with food re--ains Into the street across .a public sidewalk daily which results in the reduction of the coefficient cf friction of the sidewalk so as to create a hazarc to the general public and a potential liability to one City of Huntington Beach . (See photo 3 . 1 Alley .Conditions, Employee Conduct & Site Maintenance The applicants employees take work breaks in the alley between their- work place and local resident homes creating loud noise, vulgar language End unacceptable public behavior. The result is unsig.-.tly maintenance of the area surrounding the applicant= premises on the alley side which is contributed to by garbage dumpsters being left open creating fo•"-1 smells and flvs . Generate The applicant has demonstrated arrogance when presented with these issues previously .and. gd"ne=ally fails to be a good neighbor in the local community. Sinc y, �� Te r L. Olson. D t (714) 967-0052 . ta. ' Chris Craig Jo Christian-Craig 529 Lake St . Huntington Beach , Ca . 92648 F 714-536-3396 July 31 , 1991 1? Alcohol and Beverage Control Santa Ana , Ca I To Whom It May Concern: i I am writing pursuant to conversation with Jack Viviano, current investigator assigned to requests from M . Niccole and f . R . Saracino - Niccole 's Ristaurante - 520 Main St . , Huntington Beach , Ca . , 92648 . We have not responded earlier because WE WERE NOT NOTIFIED . I am certain we are within the 100 ft . area and we were notified when he made the original aplication for transfer which I am now told was found to be an invalid application due to expiration of license . We had no objection to the original application for beer and wine - that was my understanding . They had been given permission ' from the city of Huntington Beach to open until 10 p .m . as a restaurant . They have since requested from the city permission for piano bar which was granted . We did not object to. that as they did not request a change in hours of operation . Most recently , they requested , from the city permission for "dinner/dancing" until 1 a .m . Sun .-Thurs . and 2 a .m . Fri .-Sat . Planning Commission granted 2 a .m . with a four piece band ( also part of the request ) . This was granted in spite of expressed previous problems and future concerns from nearby residents . We were told , "Buy earplugs or move . " It has also been brought to my attention that planning department was told to rush this item through . We have . appealed this to City Council but with attitudes like that , we residents can only hope that the ABC is more likely to S.. LISTEN TO FACTS . I OPPOSE ABC GRANTING PERMISSION FOR LIVE ENTERTAINMENT AFTER 10 P .M . If you currently permit SERVING ALCOHOL until 'A 1 a .m . as Mr . Viviano indicated , I REQUEST THAT YOU RECONSIDER AND LIMIT THIS TO 10 P .M . Later than that is not {: dining/dancing in a restaurant as they request but stated simply - a nightclub . This would place a NIGHTCLUB RATHER THAN A RESTAURANT on the corner of a MIXED USE ZONED BLOCK directly across a -20 ' - 25 ' alley from residences in upstairs apartments where sound carries . I personally live less than 100 ' ft . ( lot line to lot line ) from the applicant and did not receive notification from ABC . Having experienced numerous unpleasant encounters with noisy employees and customers outside my home before this last request I did not voice any complaints because Mike Niccole 's father is a friendly acquaintance of mine and because I wished for the establishment to succeed as a restaurant . However , experiencing those discomforts until 3 a .m .( it currently takes them 1-2 hrs . to clean up for the night ) is not acceptable . And believe me we know how long they are there cleaning due to auditory stimuli . A recent example of very disturbing activity was a LOUD DOMESTIC QUARREL BETWEEN A MALE NICCOLE EMPLOYEE AND A FEMALE . This took place on Friday , July 12 from 11 :20 p .m . until 12:20 a .m . They were SHOUTING at each other IN FRONT OF MY HOUSE because he had parked across the street and the woman and her friend parked just in front of my house with their radio blasting . They also came up into the yard and were doing something beneath the nectarine tree . Another employee joined the friend in the car until they became tired of waiting and starting BLOWING THE CAR HORN FROM 12: 10 UNTIL 12:20 A .M . AND SHOUTING, for the other woman to hurry up . This is the worst of a number of unpleasant , noisy encounters with employees or customers in the past . On July 12 , I dressed at 11 :45 p .m . and went to the restaurant to ask the manager ( Jack ) for assistance . He said he would "tell Rocko . " I did not wish to call the police and create problems for the restaurant or the couple but after their claims at planning commission I certainly EXPECTED COOPERATION FROM THE RESTAURANT AND RECEIVED NONE . The employees are currently IN THE ALLEY CLEANING MATS and whatever else takes them into the alley UNTIL NEARLY 12 mn. This also sets the neighborhood dogs to barking . Serving alcohol until 2 a .m . - well beyond dinner time - will encourage an even noisier exit from the establishment that now closes at 10 p .m . I hate to think of people continuing to drink until 2 a .m . in my neighborhood and then driving home , much less the disturbance to my family . PLEASE DENY THE CURRENT APPLICATION for live entertainment if it means they can be open until 1 a .m . with live entertainment . If you can restrict this until 10 p .m . I have no problem with live entertainment . I would like to see the alcoholic beverage limit at 10 p .m . as well . THERE SHOULD NEVER BE A NIGHTCLUB IN A MIXED USE NEIGHBORHOOD AND THAT IS JUST WHAT YOU WOULD BE GRANTING WITH LIVE ENTERTAINMENT AND ALCOHOL UNTIL 1 OR 2 A .M . Sincerely, ^ ! Chris Craig Jo Christian-Craig J4 --r-C (,-A -q-5-4-76 'tn; -76 COn�x 3# Tom"' c -►��'T� CO'GX 5 w1� - .Sve F/ S L Oli hAo T pA-1 _.__._..��---- _.. --------'-Q - .,--------- - r ------- - -- _--- �- ._._. . ._..._. ._.._._.__ �.[CGG 7G4�1�✓� ..G7"tiil�dCG(i ��i'�:D�LPi GVL _,ccy,[" 7U//�dOl�. �a„� "ryyr'�,v "'��� �' ull y My name is Susan Zisakis. Over the past years I have helped my husband manage the apartments located at 611 6th Street . In all the past years I have never heard any complaint of parking or noise from any of our tenants . The building now occupied by Niccoles was previously occupied by the Villa Sweeden Resturant. It was a very successful operation serving lunches and dinners. We co-existed very peacefully together. They closed at 8: 30 P.M. They were very courteous and respectful of our tenants. Since Niccoles has opened we have had numerous and continued parking problems. Their employees park in front of the apartment complex. We have asked them to please park in the Resturant lot and leave the street open for tenants. In one instance when an employee parked in front of the complex while I was there I asked her if she would move her car into the lot. She told me she had been told to park in front of the apartments. It especially creates a problem when an employee of the resturant uses the street askthey are there an extended length of time. A diner will come and go thereby freeing a space. We have had no cooperation from the resturant and parking for our tenants continues to be a problem. Since Niccoles has opened we have had complaints of noise. One tenant whose bedroom windows face the rear of Niccoles complained repeatedly of the noise between 10 - 12 P.M. The rear door of the resturant is left open and the noise carries across the alley - loud voices, closing time clean up, pots and pans, floor r mats being washed outside in the alley, etc. This tenant moved after Yours years of residency in our building. The majority of our tenants work 8-5 jobs and retire to bed between 9 - 11 P.M. Expanding the hours of operation will create additional problems where the peace and p p quiet of our tenants are concerned. I am afraid with later hours the noise of car doors, cars leaving , etc . will interfere with our duty to give our tenants a queit place to reside. The resturant has been uncooperative in such minor things such as keeping the trash bins lids closed in order to avoid odor and flies. Their employees congregate in the alley talking and • • smoking after work making noise a problem too late at night. They have been uncooperative with our tenants in a parking program that is mutual to everybody. I oppose this revision as I fear that allowing extended hours, live entertainment and dancing will further escalate problems that already exist. I ask that %you take into consideration the residential occupanies located directly adjacent to both sides of the resturant and deny any revision to the Use Permit. j; i. I� it �I I am opposed to Niccoles Restaurant/Bar staying open until staying open until 1AM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values and peace and quiet. r=' . i oCVns I l I �3 I p i II i I I jot"Yu I t I am opposed to Niccoles Restaurant/Bar staying open until staying open until IAM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values and peace and quiet. t± �Sc.i is tt t ,t i I am opposed to Niccoles Restaurant/Bar staying open until j staying open until 1AM and 2AM with live entertainment, liquor ' and dancing. It will be detrimental to our property values and peace and quiet. 14-� Z0 GN , ¢/ S t { I I i i { I i I i I I { I �I I .I iI i- ' i I am opposed to Niccoles Restaurant/Bar staying open until staying open until IAM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values d and peace and quiet. �i > If a ri V v � it I ' • i rI I i j 1 {j �i f. �f I i I . � I r: I : � f° j I am opposed to Niccoles Restaurant/Bar staying open until staying open until 1AM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values and peace and quiet. I/eta rr-tt. I am opposed to Niccoles Restaurant/Bar staying open until staying open until 1AM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values and peace and quiet. I R C�'T-�;r.l Ste'J IS- , j V I am opposed to Niccoles Restaurant/Bar staying open until staying open until IAM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values and peace and quiet. J14AJ 5 �4�� �w� �S l-..ANC c v ' r � a E• t f' .i i 21 October, 1991 To Whom It May Concern: I am writing this note to be read on my behalf because unfortuanely, I am at work and unable to attend this gathering. i Along with the other tenants at 526 Main Street and many others in the immediate vicinity whom I do not know personnally, I am very concerned about my neighbor "Niccoles" having live Jazz music nightly. I sleep less than 25 feet from the back door of this establishment and already hear much noise. However, up to this point in time I have never complained. The employees have tried to keep quiet at closing time and this is much appreciated. Unfortunately, once live music is allowed, closing time will be much, much later, and all of us living in close proximity will become listening partners against our will. I An argument which has been presented for the restaurant is that they have a dress code and therefore a "good clientelle. " I am not at all concerned about the clientelle, I am concerned about the noise and am very much against this license being issued. I work two .jobs as a single parent and cannot afford to be up all night with any kind of noise. I9ve spoken to most of my neighbors and we all concur in this feeling. Thank. you, Stacy Renae Shout I am willing to .be contacted at any time: 526 Main St #4 Huntington beach, Calif. 92648 , Home 969-8510 Work 532-8510 CHOC Work 753-2260 IMC 1 1 i I I i V Ilk -1�04\1 ck4IN PIN �• _ tio, 'Al Ao, r ) F S,l is I am opposed to Niccoles Restaurant/Bar staying open until staying open until 1AM and 2AM with live entertainment, liquor and dancing. It will be detrimental to our property values and peace and quiet. LP� - 2 Ar �r I qc P64PA40-� V tA,� c 5 'Zl aaeQC�- ce> �' 5 , AVJ Otll� � July 11 , 1991 Phil Zisakis 17131 Beach Blvd. Huntington Beach, Ca 92647 We are appealing the decision of the Planning Commission to revise the Conditional Use Permit No . 90-50 . The decision on the part of the Commission to extend hours, add live entertainment , and a dance floor would be detrimental to the adjacent buildings and neighborhood. The Niccoles Restaurant has been operating for over a year and I feel since opening has devalued property directly next to the restaurant. Besides depreciation of property values the owner for the past eighteen years of 611 Sixth St. , Phil Zisakis , and' manager of said property, Gus Zisakis, have had to deal with aggravations , fustrations , rental and re-rental expenses of apartments vacated by long term tenants , parking difficulties by tenants, complaints from tenants, threats from restaurant to tenants over parking , etc. The surrounding property owners have been railroaded and I am not going to stand still while the Planning Commission and City Council rush this through without consideration of the problems this revision will create . The building now occupied by Niccoles Restaurant has existed as a very successful restaurant (Villa Sweden) for many, many years. All fractions of this mixed-used area has lived in harmony and prosperity in the past. With the revisions approved by the Planning Commission on July Z , 1991 you have turned a "restaurant" in the middle of residentail property into a "nightclub. " The commission' s attitude of wanting "to bring a fine dining experience to downtown Huntington Beach" - is great - but I strongly question the idea of a fine dining experience between the hours of 10 : 00 P.M. and Z : 00 A.M. Exactly what element of clientele does the Planning Commission want "strolling around downtown Huntington Beach" between 10 : 00 P.M. and 2 : 00 A.M. ? The restaurant has already caused noise and parking problems . The owners and employees have been very arrogant. As I stated to the Commission on July Z their attitude consist of doing what they want , when they want and how they want. Upon my questions of staff regarding the appeals process I find that they never checked with the police department regarding complaints . They never visually inspected the property which would have shown the close proximity of residential units adjacent to the restaurant and parking areas . I was told this revision was rushed to agenda. Why? After •e J residents and property owners expressed concern over the revisions at the hearings why was an investigation not requested before approving a measure that affects other property owners and city residents? Why does one business ' request outweigh the other property owners' rights? No detailed investigation has been done - even the Alcohol and Beverage Commission sent out an investigator. My only conclusion to these questions are that the decision to approve this was made before the hearing. The noise created between 10 : 00 P.M and 2 : 00 A.M. creates a major problem for the residents of this area. Noises such as car doors, excessive traffic, loitering of customers and employees are not desirable for this block. Commissions attitude of "you have to expect a little noise if you live at the beach" is ludicrous. A car door slamming or car alarm (as is so prevalent among car owners today) at 2:00 A.-M. is alot different than a car door or alarm at 10:00 P.M. For the commission to tell a private tax paying citizen to "move or buy ear plugs" is totally ridiculous ! The residents and property owners of this area were ignored and treated as second class citizens by the planning commission. This area is zoned mixed-use but anybody on council knows you don't put a dance hall/cocktail bar, or 24 hour market adjacent or underneath condos or apartments. Some discretion on the Planning Commission has to be exercised in these areas so that all concerned can live in harmony. Your project downtown already shows the noise factor can penetrate walls constructed to absorb such noise, as already evidenced by the closing of the nightclub Peppers downtown recently. If a project built to absorb noise can't survive in harmony with its commercial neighbor the theater with wall built to absorb the sound how do you expect residential neighbors to live next door to late night live entertainment?? My opinion, and most everyone else owning or renting property in this area is that the late night closing between 10: 00 P.M. and 2 : 00 A.M. will create additional police calls , adding extra work for the Huntington Beach Police Department which in turn will add expense to their operating costs which will be turned over in the end to the taxpayer. We strongly oppose the Planning Commissions decision to revise this Use Permit and do appeal the decision. Page 3 - Council/Agency Minutes - 10/21/91 Police Chief Lowenberg distributed material on the Citizens' Task Force and spoke regarding the Citizens' Task Force meetings. He reported on the illegal drug activity and the undercover operations by the Police Department. Following discussion between Council and staff pertaining to the use of drug seizure money for a mobile substation, the City Administrator stated staff would return to Council in a study session with what resources were available, how the resources were being deployed, and what was needed. Discussion was held between Council and staff pertaining to the effectiveness of the Neighborhood Watch Program. Don Stephens, American Car Dealers' Association member, stated the Association had accepted and approved the report on the item pertaining to the Huntington Beach Auto Mall Feasibility Analysis. (City Council) PUBLIC HEARING - APPEAL DENIED - REVISION OF CONDITIONAL USE PERMIT NO. 90-50 - APPROVED AS AMENDED - EXPAND LIVE ENTERTAINMENT & EXTEND HOURS TO 1 A.M. (420.40) The Mayor announced that this was the day and hour set for a public hearing continued open from October 7, 1991 to consider the following: APPLICATION NUMBER: Revision to Conditional Use Permit No. 90-50 APPELLANT: Gus Zisakis APPLICANT: Michael Niccole LOCATION: 520 Main Street - Niccole' s Restaurant ZONE: Downtown Specific Plan - District 6 REQUEST: Appeal to revision to Conditional Use Permit No. 90-58 to expand live entertainment to include musical accompaniment to an existing piano, add informal dancing area and extend hours of operation to 2:00 AM. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 , Class 1 of the California Environmental Quality Act. COASTAL STATUS: The proposed revision is exempt from a Coastal Development Permit pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. Legal notice as provided to the City Clerk' s Office by staff had been mailed, published, and posted. A letter from Harold A. Ducote, Jr. , dated October 2, 1991 , was distributed by Administration. Letters of opposition had been received October 2, 1991 at the City Clerk' s Office by Mrs. Lynn Schang and Mike Foell . Mike Adams, Community Development Director, presented a staff report. He referred to the letter written by Harold Ducote, Jr. , Attorney at Law. In answer to Councilmember Green's inquiry, the Community Development Director, gave the definition for night club. .1 Page 4 - Council/Agency Minutes - 10/21/91 The Mayor declared the public hearing open. Lynn Schang spoke in opposition of the appeal to the revision of Conditional Use Permit No. 90-50 due to the increased traffic, noise, and requested hours of operation being the same as those of a nightclub. She stated families lived on the same block. She stated that she did not receive notice of the hearing because she is a renter. In answer to Councilmember Kelly' s inquiry of whether the concern was there because of noise that is happening or noise that may happen, Lynn Schang stated her concern was due to noise that may happen. Harold A. Ducote. Jr. , attorney for appellant, spoke in opposition of the appeal to the revision of Conditional Use Permit No. 90-50 Gus Zisakis, appellant, stated the reasons he believed the appeal of Condi- tional Use Permit No. 90-50 would devalue his property. He read and presented seventeen handwritten letters to the Council and City Clerk. Michael Niccole, applicant, spoke in support of the appeal of Conditional Use Permit No. 90-50, distributed material to Council and stated he had tried to be a good neighbor. Councilmember Silva questioned Michael Niccole pertaining to parking. Devon Niccole stated he had washed cars and passed out roses at the restaurant parking log. He stated he had an informal petition bearing approximately 550 signatures of persons in support of the appeal of Conditional Use Permit No. 90-50. (The petition had been given to the City Clerk.) Charlene Pellin spoke in support of the appeal of Conditional Use Permit No. 90-50. She stated the extended hours would permit dining at Niccole' s after a movie. She stated the Niccoles' were active in MADD and that a disco and heavy drinking was not the intention of the extended hours. Geri Kinsey spoke in support of the appeal of Conditional Use Permit No. 90-50 and stated it would be nice to have soft entertainment in Huntington Beach. Sharon Silada-Lee and Terry Olson spoke in opposition of the appeal to the revision of Conditional Use Permit No. 90-50 due to the extension of operating hours in a mixed-use area and parking. Susan Zisakis presented a poster to Council and spoke in opposition of the appeal to the revision of Conditional Use Permit No. 90-50. She stated the employees park on the street creating noise and that she did not believe that Niccole' s were good neighbors. Jo Craig showed a poster indicating residential and commercial properties in the area and stated that District 6 was to be a transition between residential and commercial . She spoke in opposition of the appeal to the revision of Con- ditional Use Permit No. 90-50. She stated that to operate to 2 a.m. with entertainment and alcohol would make the restaurant a caberet. David Komendat, Michael Cox, Melani Hurwitz, and Anthony Paterno spoke in support of the appeal of Conditional Use Permit No. 90-50. Jacques le Forestier, Niccole' s Manager, spoke in support of the appeal of Conditional Use Permit No. 90-50, and he presented his background of twenty years' experience. i Page 5 - Council/Agency Minutes - 10/21/91 In answer to Councilmember Silva's inquiry pertaining to the noise problem, Jacques le Forestier stated all efforts had been made to correct complaints. He stated that employees were not to go out the back door after 10 p.m. In answer to Mayor Green' s inquiry, Jacques le Forestier stated the kitchen closes at 10 p.m. Beverly Clark spoke in support of the appeal of Conditional Use Permit No. 90-50 and stated she had an informal petition bearing approximately 270 signa- tures of persons in support of musical accompaniment to existing piano enter- tainment, adding a 115 square foot dance area, and extending operating hours. (Petition on file in City Clerk' s Office) Loretta Wolfe spoke in opposition of the appeal of Conditional Use Permit No. 90-50 stating parking was not adequate and that the proposed hours of opera- tion was a problem in a mixed-use district. Dianne Easterling spoke in opposition of the appeal of Conditional Use Permit No. 90-50 and stated this type of mixed-use was not peaceful co-existence. She stated she was in favor of alternative action number two. Kelly Gifford spoke in support of the appeal of Conditional Use Permit No. 90-50 and stated he was in favor of extended hours of operation and entertain- ment. Gordon Bricken stated he was an accoustical engineer hired by Niccole' s, and he reported on the noise levels. Adriaan Mechielsen, designer of Niccole' s, described the dance floor area and stated it was not for a disco. Natalie Kotsch spoke in support of the appeal of Conditional Use Permit No. 90-50 and stated she believed Dr. and Mrs. Niccole had been good neighbors. Al Fink spoke in support of Niccole's Restaurant, stated they provided a good catering service and distributed two photographs to Council . Mary Ellen Houseal spoke in support of the appeal of Conditional Use Permit No. 90-50, stated Niccole' s was needed for visitors and that the patrons were not rowdy. Stephen Sutherland stated he had known Dr. Niccole for five years and had done volunteer work with him in Mexico. He spoke in support of the appeal of Con- ditional Use Permit No. 90-50. John Belsher, on behalf of appellant, spoke in opposition of the appeal of Conditional Use Permit No. 90-50. He presented the City Clerk with a communi- cation from Phil Zisakis dated July 11 , 1991 . Leo Soukeris stated that as a realtor he believed the value of the surrounding apartments will go down due to the noise of the restaurant. James Barone, Attorney at Law for applicant, spoke in support of the appeal of Conditional Use Permit No. 90-50 and stated that Niccole' s was an adult high class restaurant requesting light entertainment and a very small dance floor. He stated the concerns from the residents were the result of fear. Page 6 - Council/Agency Minutes - 10/21/91 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell , seconded by Green, to uphold the appeal with amended findings. Following discussion, Deputy City Attorney Sangster reported that the Condi- tional Use Permit issued with the occupant runs with the land and the successor would have the benefit of that entitlement The Community Development Director stated there would be a new Conditional Use Permit and insurance for each new business. The motion made by Winchell , seconded by Green, to uphold the appeal with amended findings FAILED by the following roll call vote: AYES: Winchell , Green NOES: MacAllister, Silva, , Kelly, Robitaille, Moulton-Patterson ABSENT: None A motion was made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 based on amended Findings and Conditions of Approval . The maker of the motion stated he would accept Councilmember Winchell ' s requested condition that a full solid door should be closed after 10 p.m. and that all the cleanup after closing hours would be done inside. The maker of the motion stated he would accept Councilmember Winchell ' s requested condition that the three month review to monitor conditions would be made in order to appropriately modify the hours of operation and expansion of use. The maker of the motion stated he would accept Councilmember Winchell ' s requested condition that live entertainment shall be ,restricted to unamplified accoustic piano and unamplified musical accompaniment. An amendment to the main motion was made by Moulton-Patterson, seconded by Green, to eliminate the dance floor. The motion carried by the following roll call vote: AYES: Winchell , Silva, Green, Moulton-Patterson NOES: MacAllister, Kelly, Robitaille ABSENT: None The Community Development Director read the amended Findings of Approval for the main motion. The maker of the motion stated he would accept Councilmember Silva's requested condition that the three month review shall be conducted by the City Council instead of the Planning Commission. In answer to Councilmember Winchell 's request, the Community Development Director stated he would review the site plan to insure there would be no reflection of the dance floor on it. Page 7 - Council/Agency Minutes - 10/21/91 The main motion made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 carried based on the following amended Findings and Conditions of Approval : Findings for Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not create traffic problems. 4. The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. Conditions of Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the approved layout with the following modification: a. Addition of a full solid core door consistent with noise study presented October 21 , 1991 . 2. Live entertainment shall be restricted to an unamplified acoustical piano and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday - Saturday Dinner 5:00 PM to 1 :00 AM Sunday Dinner 5:00 PM to 11 :00 PM 4. Clean up activities shall be interior only after 10:00 PM. 5. The full solid core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify the new hours of operation and expansion of use a three month review shall be conducted by the City Council which addresses the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Moulton-Patterson NOES: Kelly, Robitaille ABSENT: None ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 29, 1991 Michael Niccole Nicolle' s Ristorante 5220 Main Street Huntington Beach, CA 92648 Dear Mr. Niccole: The City Council of the City of Huntington Beach at its regular meeting held October 21 , 1991 , conditionally approved your application relative to Conditional Use Permit No. 90-50. A part of your request included in your application was denied. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedures of the State of California you have ninety days from October 29, 1991 to apply to the courts far judicial review relative to the Use Permit. The minutes of the meeting: wil'1 be sent to you fo-llowing Council approval of the minutes. Sincerely yours, 'Connie Brockway, CIVIC City Clerk CB:cc Enclosure CC: City Attorney Community Development Director City Administrator Harold Ducote, Jr. , Attorney at Law 1 Telephone:714-536-5227) Y-0 ' �'o ra•fie% REQUEST FOR CITY COUNCIL ACTION Date June 1, 1992 Submitted to: Honorable Mayor and City Council Members Administr City b l i Mchae T. Ueruaga, y Submitted by: C� Prepared by: %ichael Adams, Director of Community Development Subject: SIX MONTH REVIEW TO CONDITIONAL USE PERMIT NO. 90-50 APPROVED BY CITY COUNCIL 19 Consistent with Council Policy? Yes [ ] New Policy or Except n Statement of Issue, Recommendation,Analysis, Funding Source,Alternativ , iachme Ts: STATEMENT OF ISSUE• Pursuant to conditions of approval imposed by the City Council, staff has conducted a six (6) month review of Niccole' s live entertainment. Staff has found them to be in compliance with their conditions . RECOMMENDATION• Motion to: "Approve the six month review of Conditional Use Permit No. 90-50. " ANALYSIS• On October 7, 1991, the City Council denied an appeal by Mr. Gus Zisakis who opposed allowing the revision to Conditional Use Permit 90-50 which permitted Niccole's restaurant located at 520 Main to expand their live entertainment provision to .include unamplified musical accompaniment to an existing unamplified piano. The revision also allowed an addition of 115 square feet of dancing area on the second floor only and an expansion of the hours of operation. The conditional use permit requires that city staff must conduct a six month review to check on the status of the conditions set forth in Conditional Use Permit No. 90-50 On May 8, 1992, Code Enforcement conducted a compliance inspection to the six month review for Conditional Use Permit No. 90-50. Code Enforcement ' s inspection revealed that the following conditions remain in compliance: P10 5/85 J . Alley Conditions. The alley area directly behind Niccole' s was maintained in a clean and orderly manner. The alley also had complete open access for emergency vehicles. Site Maintenance. The entire site is maintained in a clean and attractive manner. Noise Transmission. According to Huntington Beach Police Detective J. Nelson, the police have not received any calls in regards to noise/disturbing the peace. Employee Parking Attached for Council ' s review is a copy of Niccole' s employee parking plan which designates employees to park on the west side of Main Street, in front of the library at 525 Main; on both sides on Sixth Street just west of Main and on both sides of the street in front of C & R Plumbing located at 500 Lake Street. - Employee Monitoring. According to Niccole' s Manager, Jacques le Forestier, he monitors the current employee parking plan and is receptive to altering the plan if needed. - Hours of Operation. Niccole' s adheres to the hours of operation set forth in Condition #3 . Live Entertainment. The current mode of entertainment is . the occasional use of an acoustical piano. Limitation of Dance Area. The dance area remains located on the second floor and consists of 115 square feet. It should be noted that although the six month review is a non-public hearing item, staff has sent courtesy notices to each individual who previously spoke in favor/opposition to the Conditional Use Permit revision. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: 1. Motion to: "Schedule an additional six month review to Conditional Use Permit No. 90-50" . ATTACHMENTS: 1. Conditions of Approval 2. Employee Parking Layout 3 . RCA dated October 7, 1991 MTU:MA:MR: lp RCA -2- (3359d) Corrected Page Page 7 - Council/Agency Minutes - 10/21/91 The main motion made by MacAllister, seconded by Moulton-Patterson, to deny the appeal and approve revision to CUP 90-50 carried based on the following amended Findings and Conditions of Approval : Findings for Approval - Revisions to Conditional Use Permit No. 90-50: I _- The addition of musical accompaniment to the existing piano entertainment and extending the closing hours 11 :00 PM Sunday through Thursday and 1 :00 - AM on Friday and Saturday nights will not be detrimental to the general - welfare of the persons residing in the area. 2. The proposed revisions will not be detrimental to property values in the area. 3. The proposed revisions will not create traffic problems. 4. The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. Conditions of Approval - Revisions to Conditional Use Permit No. 90-50: 1 . The site plan and floor plan dated received June 19, 1991 shall be the __. approved layout with the following modification: =- a: - Addition of a full solid core door consistent - with noise study presented- October 21 , 1991 . 2. Live entertainment shall be restricted, to an unamplified acoustical piano and unamplified musical accompaniment. 3. Hours of operation shall be: Monday - Friday Lunch 11 :30 AM to 2:00 PM Monday - Thursday Dinner 5:00 PM to 11 :00 PM Friday. - Saturday Dinner 5:00 PM to 1 :00 AM Sunday Dinner 5:00 PM to 11 :00 PM 4. Clean up activities shall ' be interior- only after 10:00 PM. 5. The full sol-id core kitchen door shall remain closed after 10:00 PM. 6. In order to appropriately monitor and modify the new hours of operation and expansion of use a three month review shall be conducted by the City Council which addresses the following; - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Moulton-Patterson NOES: Kelly, Robitaille ABSENT: None ATTACHMENT NO � 192 I"ARKIN G . r r PkGAN AVI=NUE V� m NICC,oLES (BICYCLE SAMMys c co U PARKING p� r (obi"`""�rPEFT ilNlcc-oL-ES RISi ORANTt u Y � ct — — J o�! ACAcI1l sTRrk-r -- ------ POs� C�-b GTC7(�t Q � ��c1 �. � p'e cw2 -Ti9rxu�M� . ._'K4b'r� C ATTACHMENT NO. 2 REQUEr-r FOR CITY COUNC" �, ACTION j October 7, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator 1 Prepared by: Michael Adams, Director of Community Development Subject: APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO. 90-50 Consistent with Council Policy? Yes [ 1 New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal by Gus Zisakis to the Planning Commission' s approval of a revision to Conditional Use Permit No . 90-50 . The revision is a request to expand- live entertainment to include unamplified musical accompaniment to an existing acoustic piano, add a 115 square foot dancing area and expand hours of operation. RECOMMENDATION: Motion to : "Deny appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No . 90-50 . " Planning Commission action on July 2, 1991: On motion by Kirkland and second by Leipzig, the Planning Commission approved the revision to Conditional Use Permit No . 90-50 by the following vote: AYES: Richardson, Newman, Kirkland, Dettloff, Bourguignon, Leipzig NOES : None ABSENT: Shomaker ABSTAIN: None MOTION PASSED ATTACHMENT NO. 3 Plo 5/85 S'taff recommends that the City Council deny the appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No . 90-50 . ANALYSIS: Appellant : Gus Zisakis 16951 Mt . Collins Fountain Valley, CA 92708 Applicant : Michael Niccole Nicolle ' s Ristorante 5220 Main Street Huntington Beach, CA 92648 Location: 520 Main Street (Northeasterly corner of Main Street and Sixth Street)` The owner of Nicoole' s Restaurant has requested a revision to Conditional Use Permit No . 90-50 which was approved by the Planning Commission on December 4 , 1590 . The revision includes adding unamplified musical accompaniment to the existing piano entertainment, adding a 115 square foot dance area and extending the closing hours on Monday through Thursday and Sunday to 1 : 00 AM and Friday and Saturday to 2 : 00 AM. Staff has reviewed the request and has determined that adding unamplified musical accompaniment to the existing acoustical piano entertainment will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere. The appellant has submitted an appeal which states that the restaurant has devalued property directly next to the restaurant . The appellant has received complaints from his tenants regarding noise and parking problems . The main issue seems to be extending the hours of operation being to 2 : 00 a .m. The appellant has also stated that in addition to noise there are parking problems and health code have been violated . Staff has referred the health concerns to the County Health Department and their staff are investigating the statements . The parking issue concerns the location of employee parking adjacent to the residential areas . The restaurant manager has directed his employees to park elsewhere. The restaurant is located in the Downtown area in a mixed-use zone . Mixed use typically results in commercial and residential land uses occurring in close proximity. Such proximity is intended to create a downtown urban atmosphere . Staff maintains that the proposed expansion of live entertainment is compatible with surrounding uses and appropriate for the downtown area . The key to a successful integration of the two uses relies on proper on-site management of the restaurant; therefore staff recomends that the expanded uses and hours be subject to a six month review. In addition, compatiblity may be enhanced by requiring that live entertainment cease at 12 : 00 AM on weeknights and 1: 00 AM on weekends, thus language would need to be added to the attached conditions . RCA -2- (0694d) Staff has analyzed the concerns stated in the appeal and feel that the revision to the Conditional Use Permit No . 90-50 with added conditions will not be detrimental to property values . ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . COASTAL STATUS: Pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use Permit No . 90-50 is exempt from the coastal development permit provisions . FUNDING SOURCE: No funds required . ALTERNATIVE ACTION: 1 — Motion to : "Limit the hours of operation and require that closing time be 12 : 00 AM Sunday through Thursday and 1: 00 AM Friday and Saturday; " or 2 . Motion to : "Approve the appeal and overturn the Planning Commission' s approval of the revision to Conditional Use Permit No . 90-50 with findings . " ATTACHMENTS: 1 . Planning Commission Findings and Conditions of Approval 2 . Appeal letter 3 . Planning Commission Staff Report dated July 2, 1991 4 . Planning Commission Minutes dated July 2, 1991 MTU:MA:RLF: lp RCA -3- (0694d) Terry L. Olson Terry L. Olson 611 6th Street 611 6th Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jo Craig Jo Craig 529 Lake Street 529 Lake Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 David Komendat David Komendat 16752 Moody Circle Apt. B 16752 Moody Circle Apt. B Huntington Beach, CA 92649 Huntington Beach, CA 92649 Michael D. Cox Michael D. Cox 415 Townsquare Lane #301 415 Townsquare Lane #301 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jacques le Forestier Jacques le Forestier 520 Main Street 520 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Melani Hurwitz Melani Hurwitz 3500 S. Bristol St. 3500 S. Bristol St. , Santa Ana, CA 92704 Santa Ana, CA 92704 Anthony Paterno Anthony Paterno 9022 Santiago 9022 Santiago Huntington Beach, CA 92646 Huntington Beach, CA 92646 Beverly Clark Beverly Clark 17652 Putney Circle 17652 Putney Circle Huntington Beach, CA 92649 Huntington Beach, CA 92649 Mrs. W. Noecker Mrs. W. Noecker 16961 Coral Cay Lane 16961 Coral Cay Lane Huntington Beach, CA 92649 Huntington Beach, CA 92649 Loretta Wolfe Loretta Wolfe 411 6th Street 411 6th Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Dianne Easterling Dianne Easterling 203 8th Street 203 8th Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Kelly Gifford Kelly Gifford 19301 Archfield 19301 Archfield Huntington Beach, CA 92648 Huntington Beach, CA 92648 Gordon Bricken Gordon Bricken 1621 E. 17th Street "K" 1621 E. 17th Street "K" Santa Ana, CA 92701 Santa Ana, CA 92701 Adriaan Mechielsen Adriaan Mechielsen 800 Traction Avenue 800 Traction Avenue Los Angeles, CA 90013 Los Angeles, CA 90013 Natalie Kotsch Natalie Kotsch 1722 Park 1722 Park Huntington Beach, CA 92648 Huntington Beach, CA 92648 Tony Vendetta Tony Vendetta 18512 Vallarta Drive 18512 Vallarta Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Al Fink Al Fink 17022 Baruna Lane 17022 Baruna Lane Huntington Beach, CA 92649-3022 Huntington Beach, CA 92649-3022 Mary Ellen Houseal Mary Ellen Houseal 16952 Baruna Lane 16952 Baruna Lane Huntington Beach, CA 92649 Huntington Beach, CA 92649 Stephen Sutherland Stephen Sutherland 17131 N. Pacific 17131 N. Pacific Sunset Beach, CA 90742 Sunset Beach, CA 90742 John Belsher John Belsher 1010 Peach Street 1010 Peach Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Leo Soukeris Leo Soukeris 7211 #B Warner Avenue 7211 #B Warner Avenue Huntington Beach, CA 92647 Huntington Beach, CA 92647- James Barone James Barone 2010 Main Street #1200 2010. Main Street #1200 Irvine, CA 92714 Irvine, CA 92714 Lynn Schang Lynn Schang 533 Lake Street 533 Lake Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Harold A. Ducote, Jr. Harold A. Ducote, Jr. 4675 MacArthur Ct. #1150 4675 MacArthur Ct. #1150 Newport Beach, CA 92626 Newport Beach, CA 92626 Gus Zisakis Gus Zisakis 16951 Mt. Collien 16951 Mt. Collien Fountain Valley, CA 92708 Fountain Valley, CA 92708 Michael Niccole Michael Niccole 520 Main Street 520 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Devon Niccole Devon Niccole 16861 Coral Cay Lane 16861 Coral Cay Lane Huntington Beach, CA 92649 Huntington Beach, CA 92649 Charlene Pellin Charlene Pellin 17181 So: Pacific Avenue 17181 So. Pacific Avenue Sunset Beach, CA 90742 Sunset Beach, CA 90742 Geri Kinsey Geri Kinsey 8321 Snowbird Drive 8321 Snowbird Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Sharon Suada-Lee Sharon Suada-Lee 611 6th Street #4 611 6th Street #4 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Irockway,City Clerk Huntington Beach of the City Clerk '.O.Box 190 _ Z .._ on Beach,CA 92648 Stephen Sutherland 17131 N. Pacific r.a ANT INGr©y MCORPOR�tEO �F I� - _ y •fa 17,19Og•p6 �O a�� !� CPS\ 7UNTY LEGAL NOTICE - PUBLIC HEARING ;�,� ►.fit' Brockway,City Clerk ,)f Huntington Beach ce of the City Clerk P.O. Box 190 �: , . - M,y;<< f;2 lton Beach, CA 92648 ' " I `~ C= rn r C-' Stephen Sutherland = x �NSiNGTpy 17131 N. Pacific .'`MOOR PORT rf �/ .';! '•' e� yam, — y 'LINTY ` LEGAL NOTICE - PUBLIC HEARING == a - w� iOm m,wwr dam ;kway,City Clerk itington Beach the City Clerk ,.. 1 r r rr a{�`` Q——n�p:1 Box 190 3each,CA 92648 To h,o ? SEVOED �� x SUFFJCJFN COlson rAD �E S $ 'Ferr . Ol son tv i. mo 6th Street Hunti ngton 8•QAsh>; INGT©y  N �, R PURq jf �t� y 1 TY CP LEGAL NOTICE - PUBLIC HEARING Office of the City Clerk �► City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 — cyl - N x _ C= e� n hSUAFJC16AV Terry Le a so. Ap�A 6 Y}- th Str e - FSS Hunting ea'h, CA 92648 rw " ii,l, �.i►li,�-�t;�ti•��i��t;If�t�`��I���17;�-�f ��; City of Huntington Beach + 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF COMMUNITY DEVELOPMENT Building 536-5241 Planning 536-5271 Housing 536-5271 May 22, 1992 To All Interested Parties: Subject: CONDITIONAL USE PERMIT NO. 90-50 SIX MONTH REVIEW - NICCOLE'S RESTAURANT Location: 520 Main Street, Huntington Beach, CA 92648 On June 1, 1992, the City Council of Huntington Beach will conduct the Niccole' s Restaurant six month review regarding live entertainment. The review is scheduled as a non-public hearing item, however, as a courtesy, all individuals who spoke at the October 7, 1991 City Council meeting are being notified of the review. The review is conducted by the Code Enforcement Section of the Planning Division to determine compliance with the conditions of approval imposed upon the project through Conditional Use Permit No. 90-50. Upon receipt of this letter, any person who would like to express their concerns regarding the six month -review of Niccole' s Restaurant by the City Council should provide a written statement of fact as to their objection regarding non-compliance with the conditions of approval for Conditional Use Permit No. 90-50. Such information will be forwarded to the City Council for their consideration. Please provide a written response by May 29, 1992. All written comments should be directed to: Margaret Riley, Environmental Officer Community Development Department City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 A copy of the six month review will be available to interested parties at City Hall after Thursday, May 28, 1992. . Thank you. (3440d) �s f�4om Lc OA f R Ae&I ew 0 A 4ow,01,064W Nice alej .07VA". o—/ A4wc444j /- mil,+fit 409P i- vaz r M 'C P ,b�rt � Pl1p� -�or►��' ,LFrrFk s Sit DGSoN D F Con/7>iT/aNA� LtS� PEWMIT N �ceo�Es STFM F l Ik°.Ceive,d 7-4V C.�Ty ,�[� a �onda� � M9•Z t ` May 29, 1992 To: City of Huntington Beach Re: Six month review - Conditional Use Permit - Niccoles As manager of the apartments located next to Niccoles our original complaint of late night noise still exist. Our tenants still complain of excessive noise in the alley at night from restaurant employees and extra traffic. I enclose for your review photos of the buildings showing the close proximity of the restaurant (A) , liquor store with four rental units upstairs (B) , and glass shop with five rental units (C. ) The late hours of the restaurant are not compatible with residential units within 50 feet of the property. This area was not zoned for this type of occupancy originally and with good reason. We just had a tenant vacant the unit closest to the restaurant - he said there was too much noise at night from next door. Although we have been sucesssful in rerenting the unit to another tenant it has occurred with lost income to the property owner. This unit has had a history of long term tenants - since Niccoles has opened it has a higher turn-over than usual. The turn over rate in general for the whole building has been higher than in the past. The restuarant is surrounded by nine rental units plus several private residential homes. With an occupancy rate of an average of two per unit in the apartments we are looking at 18 citizen's peace and quiet being disturbed by one other (Niccoles. ) Somehow this does not seem fair. I still question the commission's original decision to allow any kind of variance to the city's original zoning of this neighborhood. It seems unjust to allow one business late night hours in an uncompatible neighborhood. In regards to parking - employees continue to use the street for parking leaving residents no place to park. We still stand by our original complaints about this situation. We have not seen a drastic improvement to allow the revision of Conditional Use Permit 90-50 to continue. Sincerely, Susan Zisakis Manager of 611 6th St. , HB 16951 Mt. Collien Fountain Valley, Ca 92708 ' (A) NICCOLES (B) LIQUOR STORE -� O �� �� ' �►• WITH 4 RENTAL UNITS \ " won (C) CLASS BUSINESS WITH 5 RENTAL UNITS Y I (A) NICCOLES (B) APARTMENT CLOSEST TO RESTAURANT I• .Y7 ' MAY 289 1992 HUNTINGTON BEACH CITY COUNCIL HUNTINGTO BEACH, CALIFORNIA f I AM THE MANAGER AND BUSINESS OWNER OF 611 6TH STREET, HUNTINGTON BEACH. CONSISTING OF 5 RENTAL APARTMENTS AND A GLASS SHOP (WITH-IN FORTY FEET OF NICHOLES) AT THIS ABOVE LOCATION NEXT DOOR TO THE RESTAURANT INVOLVED IN 90 - 50 WE HAVE HAD THE SAME COMPLAINTS FROM TENANTS AS BEFORE THE SIX MONTH TRIAL PERIOD CONSISTING OF A LOT OF NOISE FROM CARS RUNNING THRU THE ALLEY LOOKING FOR PARKING. ALSO EMPLOYEES PARKING ON 6TH STREET AND LEAVING NO PARKING FOR THE TENANTS. THIS HAS CAUSED TWO NEW TENANTS WITHIN A NINE MONTH PERIOD TO MOVE OUT OF MY APARTMENTS # 1 AND # 2. THIS RESTAURANT HAS ALREADY CAUSED QUITE A BURDEN IN THE AREA. THE TENANTS ( 4 UNITS ) ABOVE THE LIQUOR STORE 50 FEET FROM THE RESTAURANT ARE HAVING THIS SAME PROBLEMS THAT WE HAVE STATED ABOVE. UPON PLANNING AND STAFF REPORT OF MIKE ADAMS WE HAVE NOT BEEN CONTACTED SINCE THAT TIME NOR HAS ANY PERSON LIVING IN OR INVOLVED IN THE EXISTING PROBLEMS. I FEEL AND KNOW THAT IF SOME WOULD CONTACT THE TWENTY TENANTS LIVING AT THESE TWO-LOCATIONS ALONG WITH OTHER INDIDIDUAL HOME OWNERS THE COUNCIL WOULD FIND THERE IS A VERY LARGE AND UNHAPPY GROUP OF OWNERS AND TENANTS INVOLVED. I FEEL THAT PASSING THIS CONDITIONAL USE 90 - 50 WOULD- BE VERY UNJUST TO US AND OUR COMMUNITY. I AM THANKING YOU IN ADVANCE FOR YOUR COOPERATION IN THIS MATTER. THANK YOU KINDLY, GUS ZI AKIS MEMORANDUM I FOR REVOCATION OF REVISIONS i TO CONDITIONAL USE PERMIT NO. 90-50. Thursday May 28 1992 TO: HUNTINGTON BEACH CITY COUNCIL i i FROM: Terry L. Olson. 611 6th Street I ntingt ch, Ca. 92648 14 ) 005 i Request is made, herein, the City Council revoke the revisions to Conditional Use Permit No. 90-50 and limit the business use of this property, which is the subject of the permit, to the conditions as passed by the Planning Commission on December 4, 1990; subject to, revocation of Conditional Use Permit No. 90- 50, - after a six month review by the Planning Commission in order to monitor the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment - Limitation of Dance Area Nicolle's Ristorante has demonstrated arrogance when presented with these continuing problems and generally fails to be sensitive to the rights of their neighbor's and the local community as evidenced by the following: Page 2 i Alley Conditions: The employees leave dumpsters open, creating garbage oders, and attracting flies. They contine to clean the kitchen and sweep dirty, soapy, oily water, with food remains, into the alley, across public sidewalks, and into the street daily. This creates a potential hazard for anyone walking on the sidewalk, so as to potentially cause them to slip and fall. Site Maintenance: Boxes of old and unused produce are left outside the back door for long periods of time on a regular basis. Dumpsters are left open and the kitchen is swept out through the back door, and hosed into the street. Noise Transmission: Dumpsters are rolled through the alley late in the evening, creating loud noise as a result of the echoing, and depriving local residents of their right to quite enjoyment. Employee Parking: During business hours there is no street parking available for homeowners and tenants. The employees are forbidden from parking in their designated parking lot and the owners refuse to do so. Patrons of the business are not requested to park in the designated parking lot. As a result, this has exacerbated the parking problems for the homeowners .and tenants. - Employee Monitoring The employees take work breaks in the alley between their work place and local resident homes, creating loud noise, vulgar language, and unacceptable behavior. The result is loud noise at late hours in the evening when residents are trying to sleep. - Hours of Operation: As a direct result of operating after the hours of 10PM, tenants have relocated and rental units stand unoccupied without future prospects for occupancy. This has created a detriment to property values and rents in the area. ' I Page 3 - Live Entertainment: This is the southern boarder of' a long established residential area with homeowners and tenants accustomed to an established life style of peace and tranquility. This area of the city, , although close to the beach, does not attract a late night crowd. However, with the added features of late night business operations and amplified live music, this area will be removed to a night club atmosphere, with the local residents as hosts. - Limitation of Dance Area: The allowance of a dance floor with music changes a business which is a restaurant, into a night club. Enclosures. HUNTINGTON BEACH POLICE DEPARTMENT �� page of . • -Ji >1� INCIDENT REPORT ` '. � � 1 case x Crime ❑ Arrest ❑ Casualty ❑ Other: Cf i-- 1 HUNTINGTON BEACH ❑ IN-CUSTODY ❑JUVENILE INVOLVED ❑ GANG-RELATED ::::.:.:..:.: YPE ioltftioi sl ::.. de.: :;: '.:'.:'` > >,gsdcii ttan:f/ndcatli:. .b :CPC:fI crm�e:was ettmmpted only! �) �-;40 (I � �b� H(3�► C ` -4eut—t0Q, AKND' S�60T11JG I►J PUBLIL' 2) 3) !1 INVESTIGATIVE ANALYSIS Priority: 1 2 i3J N/A P/R Detective:NPKA"fi Yes No Chock the boxes that+poly to this fncHont. Occurred: O% I i S M T W T F S Time: 2 3y 5 1. Was there a witness to the Incident? or Between: S M T W T F S Time: 2. Was there an arrest) �t S M T W T F 3. Is there a suspect] P.C. for an arrest7❑ Discovered: 5 S Time: 27 CS 4. Can the suspect veh,If any,be identified] Reported: D$ 1(0 I S M T W T F Time: Z D'{'a S. Any slgnlflcant or serious Injuries] 6. Is theta Identifiable stolen property? - ID 87❑ Location: SQO tYlA I tZ 5-T. 7. Is there significant Modus Operand!] B. Is there ilgnificant Physical Evidence? at Or Near: 9. Is there a good probability of solution] J RD: Beat: 10. Is this matter a continuing problem? �p 11. Is the Stolen Vehicle or Bike report done? CSI conducted Y of Off icer• PIN# VICTIM 1N1=0AMbTION Name of Place or Business: P le Gouc-L'S R ISTDI�f3rC" Name: 01,-SO► .) -TER PI\4 Lac DOB 707ab 5 1 lAge: Sex: db F Address: (o I I �T►1 ST• Apt# 5 ❑ Same as location of incident City: C 00_11 -�TOrJ xACH State: CA Zip; Of 2- 0 Day Phone: ( '1 1 L4 ► 9&_j - UD 5a da >.r 4u7sl Evening Phone: ( 1 ZA tInS Occupation: Bty51►•SE.SS Interviewed? N Can ID Suspect(s)7 N Support Prosecution? Miscellaneous Information: Relationship to Suspect - Code: 00. None 099. Unknown DTHER PERSON .: ❑ Victim # ❑ Witness ❑ Informant ❑ Parent/Guardian ® Has Info ❑ Finder Name: SAR (W_ 1 Oor-) DOB d 6a `{Iv Age: u15 Sex: 0 F Address: 'Sat) M A 11J S-T. Apt# ❑ Same as location of incident Relation Code: city: H 13 State: CA zip: 'I;Z&q o Day Phone: ( '1 1`r ) �)(o U - 909 + Res or ua Evening Phone: Occupation: 000M Interviewed! Y - Can ID Suspect(s)7 Y - N !� pport Prosecution? Y - N '`. ❑ ❑ ❑ ❑ <` >a)7HtpEaStIV..; Victim # ❑ Witness ❑ Informant Parent/Guardian Has Info Finder Name: DOB Age: Sex: M F Address: Apt# ❑ Same as location of indolent Relation Code: . City: State: Zip: 0 con eaueonnvsrmsw Occupation: Interviewed? Y - N Can ID Suspect(s)7 Y - N Support Prosecution? Y - N VEHICLE]PORMAT.ION ❑.victim's Sus ect`s ❑ Other: Vehicle/Year: Make: Model: Body Style: Colo s : License: State: Officer: G iDAv IS PIN# Zlo S ervisor Date l 7 9 r f HUNTINGTON BEACH POLICE DEPARTMENT CASE I INCIDENT REPORT NARRATIVE CONTINUATION 91 � iu cra+ a+ Page - of c7 ::i$:oi: ::`.i;:%:::»Y':':::i:?i::;::'>iS>:>:'i:;;:i::�;��::f:::::i:'E�;:`': ;::�;::asa:; ;:fasi>:Fi�<:;�;><>;asi�::.:>;i::2t"��:;�i�i�i�<?`>iit�:<tfi�•.'?!2:> �:.:.. ...... ..... ::: >< >st::tSR.Uf>rS.DOGS .. Sl :HOSP1i"i4X aiid: gU�UN stc. rn: asuaitY t t.r�arrativesJ 1VAfi iA 1VE, .:: :,:....:.::.......::::::..::.:.f.1a..:::.:.::.:...:: .,. ... .::..,: `..,.......::.: :.... :...:. ....:... .. .... ... :....:.::.... ::.,..::.:.;....:.,.... .:..:.....,;:::.... ::......... .:.:::.,:..;...:. ...... ..... .. t.... ::::..::::<.::: A-T 20,46 ri RS OL-S o►J C Avn c I X�ro TH E FiZc►--N7 ES1� TC� I-EPDP-T la 0 PSTU2lZ/Nr-1CI✓• OLSor--1 LA. A►JTcD ` C) FILE A CpmPLA0p--NT OC> '►�c2tSS CHRSZGES AGA )NST 01CCOLt`S Kl S-rORA►JTE ~ A► 5aO mA1O STR CET . dusanS SA1b 7H15 IS A " CO► -T r NJ AL. OCC U P i rJ AL-MIST Vt-iZj PIGH7 6t-50 J 5 1 p N E TALKED -r"O -r6C MA►J�cfL A tJlb ?ART ouJ1JC(Z SARR Ctr�O aN S��twzgL OCCr�S�ot�S aOT IT A AS rJpT -WrJE AtJ G�7�> A t-SIJ CSL-Sot`-N AIRS WT ►- O CDM Pit A tJC RZ0 ry1 SA12K C crJo Ql.SarJ SA r-Z �- 1'j -`t 3`15 H tZS 7KE LW?-Y CR 1 . AT A T "IJI e.CO�E�s P 1 SToRA►JT t" ZCGArJ CL:EAOl r--� O1>- AID 'THE ``►J 1Cco�.�'S " � Wit✓ AP 7 SIRE1Arn W"%L-G CLEW106 SAID -11JE`i M006 THE DOMPsTt kS C-AvSIP(--, A L.OT OF 001SE AOD k)AKl0C, Hl"n OF FIzOr q A Sov 0b S L..E E-p . C> s r-s SA 1 D T11 E wUiZ K E2S ALSO hu m P A PD Q L-E:A r, — U I P M ETJT O fJT v c S t t)c W A L.K A O to Rs MA & TF- H AS OFF I tNTO TH c Z6 0CF- l)L-S OO AL-LE� SHE f o�lc� �T HC sr�1 � '�Ht s�ISE DID OvT dP • CAL-L-E A&A 1r3 0P3 S - t&-9 1 AT OO Ib HE � AOD -r1 - oL-.tCL O --!&o sA lam . HC- C P No-' TAKE, -T'Hr_ C00S-T'AWT W )SE �IL,&,JM S wAK106 r rr) UP hio3D WAPTs -16) P E 5 C HA>ZG c S AGA r>J5 r . S C 106 S-C USE HE I rZEsPUrJsr St,E fd2 �H C Officer: 6 ,DAVIS PIN:Z�Y Supervisor: Date p RETV ' $QUESTED SGREEti PRINT FROM PORT 05.3 JUL'.1.29 .r 1 AT: RD: 451 13T: 2 ki. ;... LOC: 520 MAIN 8T-HI3 :• .,; r: .. BLOG: NICCOLES ITALIAN'REST LOGFI{N: 9G08793 ALM1i: CR0881 : 556 ACACIA AV-NB . �'ROM: .698 6TH ST-HB HAZ: RP: PANIOUE,DUSTIt1 AD: PH: 9E08091 TYPE: 415-DISTURBING THE PEACE PRI : 2 RECD: 17:00:4.3 DISP: 17:02:59 UNIT: 2C3 BN'K.UP: 2D3 LAC.#2:. DR: NUN: 0 GtI: 0100612 DISPO: PAWL BUBJB TO THE FRONT DRINKIN3 QN THE STREET (JSK) 17:01:D5 THREW BEER IN THE RESTAURANT (JSK) -17.01 :12 12 SUBJS (JSK) 17:01 : 15 if • ONE MALE IRATE. .M/HISPANIC:" 11/LARGE 9T0MACH/WR,3 DY. (JSF;) 17:02:09 13LASBES/WHI MUSTACHE (JSY:) 17:0'2;12 �I WRG WHITE SHIRT AND ERN TAN PANT6 AND COWBOY BOOTS AND BcI.T (JS1%) � 17:02:32''•: ,•., ! :• 'RETURN' to nave 2: .. r ,. 12149: 11 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 053 . i ' LOCI fill 6TH ST-HB AT: 4 RD: 451 BT: 6 '�;bGb01 1 LOG' PHN: ALM#.1 0%*011 506 MAIM $T-HB CROB82: 600 ACACIA AV-HB , WiLLIAM.LEE AD; 511 6TH 8T APT 4 PH: 969 9022 -1C TYPEI 930 REF -W PI:3 RECD; 17:20:01 DISP: 17:27:46 *iUNlt:56 BACKUP: 1100#2I bRI NUN: 0 CN: 1077522 DISPO: Mr VEHS PARUD BY THE RESTAURANT. . .LAST NIGHT THERE WAS A PLANNING (PMC) 17:21125 4..: ' 0OMMI8SION MTG AND THEY STATED THEY WERE NOT SUPPOSED TO PARK AT (PMC) 17.121 !52-' I - LOC. . .AS-REED TO PARK IN PKG LOT BUT NOT USING IT (Phi:) 17:22: 14 ARE PARKED ON A SIDE STREET BY THE RESTAURANT (PMC) :232' VENB ARE AT 6TH/PCH (PMC) 17:24.140 p.D% Response area is 6 17:27:46-' :; 'RETURN' tc• e:(it, 'td' tr for G3yt 2: _ N 12:51 :29 11) JUL 1991 REQUESTED SCREEN PRINT FROM PORT 05 i P CC: 611 6TH ST-HB AT: RD: 4 5..1 BT: 2 1„ BLDG: VC. PHN: ALM#: CROSSI : 506 MAIN 6T-HB ORGS82'' 600 ACACIA AV-HB HAZZ: 11�. R P: CHAFWER,CHER I AD: PH: 9699616 Mi. TYPE: 415-DISTURBIN13 THE FEACE PRI : 2 REOD: ?� :37 DISF: 23:29:43 UNIT: 2A.3 E�1iF:UP: LrX*2: pi Dk: NUM: 0 ON: 0107217 DISPCI: FAWC, NI1=HOLES RESTAURANT (KNS) RP SAPS THAT NEW RESTAURAN AT ETH AND MAIN (t:.F1S) L3:23;39 ' IS ENTIRELY TO LOUD. . .THE DISTURBANCE IS AT THE iKNS) 23.24.�3 c•i: BACK DOICIR OF THE RESTAURANT (KNj) P.D. RPaponse area is 2 23:25; 1B- 23.29:45 t� 'RETURN to ex t, 'N' for notes, 'P' for GA7e 2. _ 12:50:57 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 053 LOC: 611 6TH ST-HB AT: 1 RD: 451 : 2 LOG PHN; BLD13: ALM# j CROSBI: 506 H IN ST-HB CROS82: 600 ACACIA AV-HB iIf HAZ, l PH: 9599616 RP: CHAFER. CHEPI AD: SAME rr TYPE: 931=SEE THE WOMAN "PRI: 3 RECD: 23:44: 3 05 DISP: 00:58:2 UNIT: 4D3 BACKUP: 2483 LOC#2: DR: MUM: 0 CN: 0113914 DISPO: PAWL RP STATED THAT SHE LIVES ABOVE THE GLASS SHOP AND WANTS TO (DAH) 23:41:57 TALK TO OFCR ABOUT THE WISE COMING FROM THE BUSINESS NEXT (DAH) 23:42:20' TO HER, . , (DAH) 23:42:27 P.D. Reaponao area is 2 00:5d:23 � c r r N -A a T T 't • Lam: GJ, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police November 8, 1991 Mr. Rocco Sarracino 520 Main Street Huntington Beach, CA 92648 Dear Mr. Sarracino: One of the restaurant's neighbors, Terry Olson, has complained to- me about extreme noise emanating. from your place after 10:00 p.m. He says that the noise problem has existed for over a year. He has called, the police many times and they have spoken to you or one of your co-workers. Mr. Olson has no other redress than to seek our assistance in abating the loud noise. He says that despite the police response and his conversations with you, the loud noise still continues. If this is true, I intend to file criminal charges against the restaurant. Mr. Olson is going to call me if this problem occurs again. If it does, I intend to file charges. Please call me to discuss this i-f you want me to hear your side of the story. Sincerely, WILLIAM B. SA E Police Legal Adviser cc: Detective Nakama Mr. Terry Olson MEMORANDUM FOR REVOCATION OF REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50. f Thursday May 28 1992 i I 1 1 1` I I TO: HUNTINGTON BEACH CITY COUNCIL FROM: Terry L. Olson 611 6th Street Huntingt ch, Ca. 92648 (714) 005 I i I Request is made, herein, the City Council revoke the revisions. to Conditional Use Permit No.. 90-50 and limit the business use of this property, which is the subject of the permit, to the conditions as passed by the Planning Commission on December 4, 1990; subject to, revocation of Conditional Use Permit No. 90- , 50, after a six month review by the Planning Commission in order to monitor the following: - Alley Conditions - Site Maintenance - Noise Transmission Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment - Limitation of Dance Area Nicolleis Ristorante has demonstrated arrogance when presented with these continuing problems and generally fails to be sensitive to the rights of their neighbor's and the local community as evidenced by the following: • ir; Page 2 - Alley Conditions: The employees leave dumpsters open, creating garbage oders, and j attracting flies. They contine to clean the kitchen and sweep dirty, soapy, oily water, with food remains, into the alley, across public sidewalks, and into the street daily. This creates a potential hazard for anyone walking on the sidewalk, so as to potentially cause them to slip and fall. - Site Maintenance: Boxes of old and unused produce are left outside the back door for long periods of time on a regular basis. Dumpsters are left open and the kitchen is swept out through the back door, and hosed into the street. - Noise Transmission: Dumpsters are rolled through the alley late in the evening, creating loud noise as a result of the echoing, and depriving local residents of their right to quite enjoyment. Employee Parking: During business hours there is no street parking available for homeowners and tenants. The employees are forbidden from parking in their designated parking lot and the owners refuse to do so. Patrons of the business are not requested to park in the designated parking lot. As a result, this has exacerbated the parking problems for the homeowners and tenants. - Employee Monitoring The employees take work breaks in the alley between their work place and local resident homes, creating loud noise, vulgar language, and unacceptable behavior. The result is loud noise at late hours in the evening when residents are trying to sleep. Hours of Operation: As a direct result of operating after the hours of 10PM, tenants have relocated and rental units stand unoccupied without future prospects for occupancy. This has created a detriment to property values and rents in the area. Page 3 Live Entertainment: This is the southern boarder of a long established residential area with homeowners and tenants accustomed to an established life style. of peace and tranquility. This area of the city, although close to the beach, does not attract a late night crowd. However, with the added features of late night business operations and amplified live music, this area will be removed to a night club atmosphere, with the local residents as hosts. - Limitation of Dance Area: The allowance of a dance floor with music changes a business which is a restaurant, into 'a night club. Enclosures. • HUNTINGTON BEACH POLICE DEPARTMENTage of C � !�� > INCIDENT REPORT Case A Crime ❑ Arrest [:] Casualty [:] Other: 9 t-- 1 `1 IiurITlrlcrorl sFACH ❑ IN-CUSTODY ❑JUVENILE INVOLVED ❑ GANG-RELATED > 1(PE Vio%rt oirlsl Cvi e;:':" deacriytran a/ndtcste:0:0 CPCaf erttne:was attempted on/yl 11 rS—.uO II VAe M (2, AtZ, S060T ItJG )0 PUS1.1 C 2) 3► !1 INVESTIGATIVE ANALYSIS Priority: 1 2 13� N/A P/R . Detective:NPKA"Al Yes Ho Check the boxes that apply to tWe/ne.Went Occurred: 0% ( S M T W T F S Time: Z 3y S 1. Was there a witness to the Incident? or Between: S M T W T F S Time: .2. Was there an arrest] 3. Is there a suspect? P.C.for an arrest)[] Discovered: 0Mg S M T W T F S Time: 2SJ5 4. Can the suspect veh. If any,be Identified? Reported: D% 1 91 S M T W T F Time: Z 0q S. Any significant or serious Injuries? 11 S. Is there Identifiable stolen property? ID 17❑ Location' 5Q0 MA 10 ST. 7. Is there significant Modus Operandl? B. Is there significant Physical Evidence? at or Near: 9. Is there a good probability of solutlonl 10. Is this matter a continuing problem? RD: Beat: 11. Is the Stolen Vehicle or Bike report done? CSI conducted Y or(fD1 officer: PIN# VICTIM:INFORMATION Name of Place or Business: 1,1 C C OLEO S R I STOItA IWrV4 Name: 0l_S00_; -TER R`11' L—k DOB 1 0(1-1 0110 5 f Age: k4 C) Sex: (9) F Address: (o(I (o7`t ST• Apt# 5 ❑ Same as location of incident City: rtVt-N?tt,-�TOrls I&ACH State: CA Zip: 2(0 $ Day Phone: ( 7 1 ) q&_1 - (QC)5a dCas-Ir tfuslr, Evening Phone: V-nC Occupation: $cYGtfJCSS Interviewed? N Can ID Suspect(s)? N Support Prosecution? Y - N Miscellaneous Information: Relationshlp to Suspect -Code: 14 00. None 099. Unknown :.0THER PERSON:.. ❑ Victim # El Witness El Informant ❑ Parent/Guardian Has Info ❑ Finder Name: DOB v 16R14(o _Age: 45 Sex:,0 F Address: -Sao Mf{1►J ST• Apt# ❑ Same as location of incident Relation Code: City: H l� State: CA Zip: '1 A&q S Day Phone: (o U - $(�� Res or us) Evening Phone: ( ) Occupation: OOOE-9, Interviewed? Y - Can ID Suspect(s)1 Y - N ►l/support Prosecution? Y - N ❑ • ❑ ❑ ❑ > `< HtpRSOiV.: Victim # ❑ Witness ❑ Informant Parent/Guardian Has Info Finder Name: DOB I JAge: Sex: M F Address: Apt# Same as location ofIncident Relation Code: City: State: Zip: E]condnued on rovers s1d. Occupation: Interviewed? Y - N Can ID Suspect(s)? Y - N Support Prosecution? Y - N OctlM 0 VEHICLE`ICVFORMAT.ION Sus ect s ❑ Other: v r Vehicle/Year: Make: Model: Body Style: Colo s : License: State: Officer: G,DA\J(S PIN# Zlo S ervisorSSt- Date / 5 tea HUNTINGTON. BEACH POLICE DEPARTMENTINCIDENT REPORT NARRATIVE CONTINUATION 91 -t `�Page 3 of WiNTMmm qua+ . . �. . . ,................:,..:,............(la.......::..:...... .............�?i'...,...........r.:......:..............:.....:..:::�K,,.:... Y.....�r..t.:r�arrat esl.:>.;:..:;.:.. ....... ..•...... n...r;...:. .. .vv........:. ::..........r..r.r.. :......,n..... .... ...v ..:...... .... ...in.v•}.,v::.:::.::�:�. ........ n.......n.. ... .....{..•...r..................v............ ......v...v.......n.... ... .. nnr...r.......n....::::.. : :.';{:}::} •iii:+• .......„x{..:�:.v:x,:.,.....:•:.C:\.:...:C.,..,.....v....n.. .... :...:::::::.r•.Yri::�:v}::.:::::�:.... .. 'v.�::::yi::::•: pt,l g-I�-91 A-T a045 HRS OL-sorJ eAwrC Ir-�ro -rHE FRcr-ZY ESK TU Pe PDR-T P° 0IST0RZRrJCF-- OCSO r-1 t AOTcD 1-0 FILE: A COmPLAir-�T At3D PR,.cSS CHA4ZGcS AGAiNSY "0 CoLE S Rt STOkA►-�TE ~ Ai 5-a0 mA 10 STR tET . b�sarJ SAID . -rol S is 11\ . C.0r5T r ►Jo AL pRU611-E yn OCC U Ri O ALty1oS7 Vf-tZ P16H7 GLSOt-3 SA 1D NE TALKE -'O --rvAC. r)At.,,A6cR. As-N�> CART OvOfJER SARR CIAO O" SLQEP-AL OCCP\SlUtJs 90T IT AAS TOOT -WrJE AN G4e)-\'�> At-sD 6L-S6rJ fR S WT NO CD n1(�L-I A cJC t► o ►y1 SAP F C t�,3O QLSo►J SAt r� �- I�-� 1 ATa3ti5 HtZS THE Wv�ILEIZ t• A-r "010-COL-EIS 2t s76RA►Srt �EGAP-� 0;�'- p-soQ SAID "THE 00RV E{ZS ``►.) ►CCpLc�S ` e- --1, A P ►7 scREfAM Wl11LC. CuF-A0106 - v?. 'O -5or-t SAID -njEy Mo06-- -CNE DOMPSTE ZZ5 G9uSj0(-, A L-OT Of NOISE AOD wAKIrJG H jvn U f-"r'l R SDJ Ob SL_E Ep . SfA,t D `t'I�E uootZ K E(Z S ALSO -DvmP W"O ct:EAtS = UIPMEt-ST ONTt'.-) C NEB SIDeWAI.K t\OD LO AS -TO E -t R f�S tj 0 F F t t'76 THE st_:t.Jv--Q - O us o rJ L-LE D THE 1>0L-1 CC Lar He sA 1 b -THE t-\,0156- DID 00 T- dQ • QL-SOt3 CALtL-e. AGA IY3 o,,,N 8- ��-� I AT 00 to HR ,5 f,\OD -T% - OL-IC�. AGAtt-� - C )t-soN sA LD Nlc--- C P NOT i kE. --r H e co►�s-t-A,.��T W ►S E /l l-k-M S trn UP AOD WAP-Ts TU lPR G- 5 CHAR,6,E S AGA iPSr S c r�a etc USE H� t �E sPvrJs� 8LE f02 "rH G Officer: G •PA V/S PIN:Z�Y Supervisor: Date '_ TU "° '(�KQUESTED SCREEN PRIIIT FROM PORT 05.3 AT: RD: 451 13T: 2 LOC. 520 MAIN ST-HA r ` BLDG: NICCOLES ITALIAM'REST LIB. FI{N: 960879.3 ALMtt: CRO831 : 556 ACACIA AV-HB• GROSS2: .698 6TH ST-HB HA2: RP: PANIQUE,DUSTIN AD: PH: 9608091 TYPE: 415-DISTURBING .THE PEACE PRI : 2 RECD: 17:00:43 DISP: 17:02:59 UNIT: 2C3 BA6;K.UP: 2D3 LLC.#2:. DR: NUM: 0 C1: 0100612 DISPO: PAWC BUBJ3 TO THE FRONT DRINKING CIN THE STREET (JSK) 17:01:C15 THREW BEER IN THE RESTAURANT (JSK) 17:0I:12 r . 12 SUBJB (JSK) 17:01: I5 �( ONE MALE I RATE. .M/HI SPAN IC./" 11/LARGE STOMACH/WRG DK (JSK) 17:02:09 CLASSES/WHI MUSTACHE (JSY;) 17:0f2;12 WRG WHITE SHIRT AND ERN TAN PANTS AND COWSQY BD)TS AND BELT (JSIC) 17:02:32''•= In RETURN' to c.-... P fr.r oaae 2: .. : W :r I : , 14149; 11 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 053 ' LOCI 611 6TH ST-HB AT: 4 RD: 451 BT: 6 LOC PHN: ALMU'. ` 0"1 1 506 MAIM FT-HB CROS82: 600 ACACIA AV-HB �.,WILLIAM.LEE AD: 611 6TH ST APT 4 PH: 969 9022 '�`YPEI 930 REF .586 PI :3 RECD; 17:20:01 DISP: 17:27:46 I UN I T!56 BACKUP: •`��•LOg121 • NUM: 0 CPI: 1077622 DISPIO: HC VEHS PARKED BY THE RESTAURANT. . .LAST NI0HT THERE WAS A PLANNING (PMC) 17:21 :'28 4: COMMISSION HTG AND THEY STATED THEY WERE NOT SUPPOSED TO PARK AT (PMC) 17:21 !52 ' 1 LOC. . .An-REED TO PARK IN PKG LOT BUT NOT USING IT (PM,:) 17:22: 14 ARE PARKED ON A SIDE STREET BY THE RESTAURANT (PMC) :232' VEHS ARE AT 6TH/PCH (PKC) 17:24:40 P@Di Baspon.se area is 6 17:27:46-•- 'RETURN' t•�• e:<it, 1J' 1'r c•t=` F•� 10 JUL 1991 REQUESTED 6C.REEN PRINT FROM PCiRT 0573 M {•is LCiC: 611 6TH ST-HB AT: RD: 4511 BT: .2 6LDC,: LCC PH14 ALKU: CROSS 1 : 506 MAIN ST-HB CROSa2: 601) Ar_' ,CIA AV-lid t!i RP :CHAFWER,CHERI AD: PH: at599616 N)i TYPE: 415-DISTURBINCI THE PEACE PRI : 2 REi.D: 23:221:57 DISF: 23:29:43 UNIT: 2A3 FAI-;KUP: ply L OC*2: DR: NUM: 0 ON: 0107217 DISFO: FAWC, N 117 HOL ES RESTAURANT (KNS) ::3:23; 39 RP SAYS THAT NEW RESTAURANT' AT 6TH AND MAIN (K.NS) 2 3:24:3'3 IS ENTIRELY TO LOUD, , THE DISTURBANCE IS AT THE (VNS) 23:251c01 � BACJ.' DCx:,R OF THE RESTAURANT (KNq) 23:25: I B` P.D. Respons,s arai� is 2 23.29:4-1 , 'RETURN' to e::i t. 'N' for notes, . P I for ;--98 2; - i2:Sp:S7 10 JUL 1991 REi:).UESTED oCREEN PicINT FROM PORT 051 AT: 1 RD: 451 BT: 2 - ALM#: LOC: 6!1 6TH ST-119 Lfx; PHN: BLD(3:� 06 M�N 8T-HB ORn82 S : r,0l) Ar%AGIA AV-HB 5 PH: 9699616 RpCHAFER. CHERI AD: SAME ' .PRI : 3 RECD: 23:40:05 DISP: 00:58:23 t TYPE: 931=SEE THE WOMAN UNIT: 4D3 BACKUP: 2&93 LOC#2: 23;41:5T DR: CN: n 1 13914 D I Spj�: PAWC LASS WANTS T 23:42:20' RP STATED THAT SHE LIVES,j SE��M I NOBOE THEuFRUM T}tEPBUSDI NESS NEXT DAH) 23:42:27 TALK TO OFCR ABOUT THE Tir 00:58:23 TO HER, , . tom) P.D. Respnnae area iz 2 G c r a •� _ W _ -cry. �1 � r • r Ifl CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 926488 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police November 8, 1991 Mr. Rocco Sarracino 520 Main Street Huntington Beach, CA 92648 Dear Mr. Sarracino: One of the restaurant's neighbors, Terry Olson, has complained to me about extreme noise emanating from your place after 10:00 p.m. He says that the noise problem has existed for over a year. He has called the police many times and they have spoken to you or one of your co-workers. I Mr. Olson has no other redress than to seek our assistance in abating the loud noise. He says that despite the police response and his conversations with you, the loud noise still continues. If this is true, I intend to file criminal charges against the restaurant. Mr. Olson is going to call me if this problem occurs again. If it does, I intend to file charges. Please call me to discuss this if you want me to hear your side of the story. Sincerely, WILLIAM B. SA E Police Legal Adviser cc: Detective Nakama Mr. Terry Olson May 29, 1992 To: City of Huntington Beach Re: Six month review - Conditional Use Permit - Niccoles As manager of the apartments located next to Niccoles our original complaint of late night noise still exist. Our tenants still complain of excessive noise in the alley at night from restaurant employees and extra traffic. I enclose for your review photos of the buildings showing the close proximity of the restaurant (A) , liquor store with four rental units upstairs (B) , and glass shop with five rental units (C. ) The late hours of the restaurant are not compatible with residential units within 50 feet of the property. This area was not zoned for this type of occupancy originally and with good reason. We just had a tenant vacant the unit closest to the restaurant - he said there was too much noise at night from next door. Although we have been sucesssful in rerenting the unit to another tenant it has occurred with lost income to the property owner. This unit has had a history of long term tenants - since Niccoles has opened it has a higher turn-over than usual. The turn over rate in general for the whole building has been higher than in the past. The restuarant is surrounded by nine rental units plus several private residential homes. With an occupancy rate of an average of two per unit in the apartments we are looking at 18 citizen's peace and quiet being disturbed by one other (Niccoles. ) Somehow this does not seem fair. I still question the commission's original decision to allow any kind of variance to the city's original zoning of this neighborhood. It seems unjust to allow one business late night hours in an uncompatible neighborhood. In regards to parking - employees continue to use the street for parking leaving residents no place to park. We still stand by our original complaints about this situation. We have not seen a drastic improvement to allow the revision of Conditional Use Permit 90-50 to continue. Si erely, Susan Zisakis Manager of 611 6th St. , HB 16951 Mt. Collien Fountain Valley, Ca 92708 Y r r (A) NICCOLES (B) LIQUOR STORE WITH 4 RENTAL UNITS Now ' (C) GLASS BUSINESS .� WITH 5 RENTAL UNITS (A) NICCOLES O (B) APARTMENT CLOSEST TO RESTAURANT L �; r .SI A MAY 28, 1992 HUNTINGTON BEACH CITY COUNCIL HUNTINGTO BEACH, CALIFORNIA I I AM THE MANAGER AND BUSINESS OWNER OF 611 6TH STREET, HUNTINGTON BEACH. CONSISTING OF 5 RENTAL APARTMENTS AND A GLASS SHOP (WITH-IN FORTY FEET OF NICHOLES) AT THIS ABOVE LOCATION NEXT DOOR TO THE RESTAURANT INVOLVED IN 90 - 50 WE HAVE HAD THE SAME COMPLAINTS FROM TENANTS AS BEFORE THE SIX MONTH TRIAL PERIOD CONSISTING OF A LOT OF NOISE FROM CARS RUNNING THRU THE ALLEY LOOKING FOR PARKING. ALSO EMPLOYEES PARKING ON 6TH STREET AND LEAVING NO PARKING FOR THE TENANTS. THIS HAS CAUSED TWO NEW TENANTS WITHIN A NINE MONTH PERIOD TO MOVE OUT OF MY APARTMENTS # l'AND # 2. THIS RESTAURANT HAS ALREADY CAUSED QUITE A BURDEN IN THE AREA. THE TENANTS ( 4 UNITS ) ABOVE THE LIQUOR STORE 50 FEET FROM THE RESTAURANT ARE HAVING THIS SAME PROBLEMS THAT WE HAVE STATED ABOVE. UPON PLANNING AND STAFF REPORT OF MIKE ADAMS WE HAVE NOT BEEN CONTACTED SINCE THAT TIME NOR HAS ANY PERSON LIVING IN OR INVOLVED IN THE EXISTING PROBLEMS. I FEEL AND KNOW THAT IF SOME WOULD CONTACT THE TWENTY TENANTS LIVING AT THESE TWO LOCATIONS ALONG WITH OTHER INDIDIDUAL HOME OWNERS THE COUNCIL WOULD FIND THERE IS A VERY LARGE AND UNHAPPY GROUP OF OWNERS AND TENANTS INVOLVED. I FEEL THAT PASSING THIS CONDITIONAL USE 90 - 50 WOULD BE VERY UNJUST TO US AND OUR COMMUNITY. I AM THANKING YOU IN ADVANCE FOR YOUR COOPERATION IN THIS MATTER. THANK YOU KINDLY, GUS ZI AKIS REQUEST FOR CITY COUNCIL ACTION October 21, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams, Director of Community Developme WV Subject: APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO. 90-50 Consistent with Council Policy? Xyes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Continued from the meeting of October 7, 1991 is an appeal by Gus Zisakis to the Planning Commission' s approval of a revision to Conditional Use Permit No. 90-50 . The revision is a request to expand live entertainment to include unamplified musical accompaniment to an existing acoustic piano, add a 115 square foot dancing area and expand hours of operation. RECOMMENDATION• Motion to : "Deny appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No. 90-50 . " ANALYSIS• Following the City Council meeting of October 7, 1991, staff met with Harold Ducote, an attorney representing Gus Zisakis, the appellant in this matter. An alternative option was discussed which would allow for the expanded entertainment with unamplified live music but to omit the 115 square foot dancing area . Also discussed was allowing the hours of operation to expand from 10 : 00 PM to 12 : 00 AM daily and not till 2 : 00 AM on Friday and Saturday and 1: 00 AM the remainder of the time as requested. This compromise has not been discussed with the applicant or officially offered by the appellant . However, Council may consider this as an alternative motion subject to a six month review at which time the hours of operation could be expanded and a dance area allowed. ATTACHMENTS: 1. Request for City Council Action dated October 7, 1991 MTU:MA:kjl I 1 PI O 5/85 REQUEST FOR CITY COUNCIL ACTION Date October-ice-, 1991 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams, Director of Community Devel pment Subject: APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO. 90-50 ©N /0/7/1'/ �1,0411/17 0/��hP� �O/7��h v�� Ta Consistent with Council Policy? Yes [ ] New Policy or Exception /Q � 9� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE• Transmitted for your consideration is an appeal by Gus Zisakis to the Planning Commission' s approval of a revision to Conditional Use Permit No. 90-50 . The revision is a request to expand live entertainment to include unamplified musical accompaniment to an existing acoustic piano, add a 115 square foot dancing area and expand hours of operation. RECOMMENDATION• Motion to: "Deny appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No. 90-50 . " Planning Commission action on July 2, 1991: On motion by Kirkland and second by Leipzig, the Planning Commission approved the revision to Conditional Use Permit No . 90-50 by the following vote: AYES: Richardson, Newman, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED c �o r ATTACHMENT 'No. I PIO 5/85 Staff recommends that the City Council deny the appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No. 90-50. ANALYSIS• Appellant : Gus Zisakis 16951 Mt . Collins Fountain Valley, CA 92708 Applicant: Michael Niccole Nicolle' s Ristorante 5220 Main Street Huntington Beach, CA 92648 Location: 520 Main Street (Northeasterly corner of Main Street and Sixth Street) The owner of Niccole' s Restaurant has requested a revision to Conditional Use Permit No. 90-50 which was approved by the Planning Commission on December 4 , 1990 . The revision includes adding unamplified musical accompaniment to the existing piano entertainment, adding a 115 square foot dance area and extending the closing hours on Monday through Thursday and Sunday to 1: 00 AM and Friday and Saturday to 2 : 00 AM. Staff has reviewed the request and has determined that adding unamplified musical- accompaniment to the existing acoustical piano entertainment will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere. The appellant has submitted an appeal which states that the restaurant has devalued property directly next to the restaurant. The appellant has received complaints from his tenants regarding noise and parking problems . The main issue seems to be extending the hours of operation being to 2:00 a.m. The appellant has also stated that in addition to noise there are parking problems and health code have been violated. Staff has referred the health concerns to the County Health Department and their staff are investigating the statements . The parking issue concerns the location of employee parking adjacent to the residential areas . The restaurant manager has directed his employees to park elsewhere. The restaurant is located in the Downtown area in a mixed-use zone. Mixed use typically results in commercial and residential land uses occurring in close proximity. Such proximity is intended to create a downtown urban atmosphere. Staff maintains that the proposed expansion of live entertainment is compatible with surrounding uses and appropriate for the downtown area. The key to a successful integration of the two uses relies on proper on-site management of the restaurant; therefore staff recomends that the expanded uses and hours be subject to a six month review. In addition, compatiblity may be enhanced by requiring that live entertainment cease at 12: 00 AM on weeknights and 1:00 AM on weekends, thus language would need to be added to the attached conditions . RCA -2- (0694d) Staff has analyzed the concerns stated in the appeal and feel that the revision to the Conditional Use Permit No. 90-50 with added conditions will not be detrimental to property values . ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. COASTAL STATUS: Pursuant to Section 989 .5 .2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use Permit No. 90-50 is exempt . from the coastal development permit provisions . FUNDING SOURCE: No funds required. ALTERNATIVE ACTION: I 1. Motion to: "Limit the hours of operation and require that closing time be 12 : 00 AM Sunday through Thursday and 1: 00 AM Friday and Saturday; " or 2 . Motion to: "Approve the appeal and overturn the Planning Commission' s approval of the revision to Conditional Use Permit No. 90-50 with findings . " ATTACHMENTS 1. Planning Commission Findings and Conditions of Approval 2. Appeal letter 3 . Planning Commission Staff Report dated July 2, 1991 4 . Planning Commission Minutes dated July 2, 1991 MTU:MA:RLF: lp RCA -3- (0694d) ATTACHMENT NO, 1 FINDINGS AND CONDITIONS OF APPROVAL REVISION TO CONDITIONAL USE PERMIT NO. 90-50 FINDINGS FOR APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 : 1. The addition .of musical accompaniment to the existing piano entertainment adding a small, informal dance area and extending the closing hours 1: 00 AM on Tuesday through Thursday and Sunday and to 2:00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area. 2 . The proposed revisions will not be detrimental to property values in the area. 3 . The proposed revisions will not create traffic problems . 4 . The granting of the revision to Conditional Use Permit No. 90-50 will not adversely affect the General Plan. CONDITIONS OF APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 • 1. The site plan and floor plan dated received June 19, 1991 shall be the approved layout. 2 . Live entertainment shall be restricted to unamplified piano and musical accompaniment. 3 . Hours of operation shall be: Monday - Friday Lunch, 11:30 AM to 2 : 00 PM Monday - Thursday Dinner 5 : 00 PM to 1:00 AM Friday - Saturday Dinner 5:00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1: 00 AM 4 . Dance area shall be limited to 115 square feet on the second floor. 5 . A six month review shall be conducted by the Planning Commission in order to monitor the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment - Limitation of Dance Area (0883d) ATTACHMENT NO. I f • R July 11 , 1991 Gus Zisakis 16951 Mt. Collien Fountain Valley, Ca 92708 b14) $3q- 0`7y5 We are appealing the decision of the Planning Commission to revise the Conditional. Use Permit No. 90-50 . The decision on the part of the Commission to extend hours, add live entertainment , and a dance floor would be detrimental to the adjacent buildings and neighborhood. The Niccoles Restaurant has been operating for over a year and I feel since opening has devalued property directly next to the restaurant . Besides depreciation of property values the owner for the past eighteen years of 611 Sixth St. , Phil Zisakis , and manager of said property, Gus Zisakis, have had to deal with aggravations , fustrations , rental and re-rental expenses of apartments vacated by long term tenants , parking difficulties by tenants, complaints from tenants, threats from restaurant to tenants over parking , etc. The surrounding property owners have been railroaded and I am not going to stand still while the Planning Commission and City Council rush this through without consideration of the problems this revision will create . The building now occupied by Niccoles Restaurant has existed as a very successful restaurant (Villa Sweden) for many, many years . All fractions of this mixed-used area has lived in harmony and prosperity in the past . With the revisions approved by the Planning Commission on July 2 , 1991 you have turned a "restaurant" in the middle of residentail property into ' a "nightclub. " The commission' s attitude of wanting "to bring a fine dining experience to downtown Huntington Beach" is great - but I strongly question the idea of a fine dining experience between the hours of 10: 00 P.M. and 2 : 00 A.M. Exactly what element of clientele does the Planning Commission want "strolling around downtown Huntington Beach" between 10 : 00 P.M. and 2 : 00 A.M. ? The restaurant has already caused noise and parking problems . The owners and employees have been very arrogant . As I stated to the Commission on July 2 their attitude consist of doing what they want , when they want and how they want . Upon my questions of staff regarding the appeals process I find that they never checked with the police department regarding complaints. They never visually inspected the property which would have shown the close proximity of residential units adjacent to the restaurant and parking areas. I was told this revision was rushed to agenda. Why? After residents and property owners expressed concern over the revisions at the hearings why was an investigation not requested before approving a measure that affects other property owners and city residents? Why does one business' request outweigh the other property owners ' rights? No detailed investigation has been done - even the Alcohol and Beverage Commission sent out an investigator. My only conclusion to these questions are that the decision to approve this was made before the hearing . The noise created between 10 : 00 P.M and 2 : 00 A.M. creates a major problem for the residents of this area. Noises such as car doors , excessive traffic, loitering of customers and employees are not desirable for this block. Commissions attitude of "you have to expect a little noise if you live at the beach" is ludicrous. A car door slamming or car alarm ( as is so prevalent among car owners today ) at 2 :00 A.M. is alot different than a car door or alarm at 10 : 00 P.M. For the commission to tell a private tax paying citizen to "move or buy ear plugs" is totally ridiculous ! The residents and property owners of this area were ignored and treated as second class citizens by the planning commission. This area is zoned mixed-use but anybody on council knows you don' t put a dance hall/cocktail bar, or 24 hour market adjacent or underneath condos or apartments . Some discretion on the Planning Commission has to be exercised in these areas so that all concerned can live in harmony. Your , project downtown already shows the noise factor can penetrate walls constructed to absorb such noise , as already evidenced by the closing of the nightclub Peppers downtown recently. If a project built to absorb noise can' t survive in harmony with its commercial neighbor the theater with wall built to absorb the sound how do you expect residential neighbors to live next door to late night live entertainment?'? — My opinion, and most everyone else owning or renting property in this area is that the late night closing between 10: 00 P.M. and 2 : 00 A.M. will create additional police calls , adding extra work for the Huntington Beach Police Department which in turn will add expense to their operating costs which will be turned over in the end to the taxpayer. We strongly oppose the Planning Commissions decision to revise this Use Permit and do appeal the decision. funtington beach department'Of community development sraf f -REPORT TO: Planning Commission FROM: Community Development DATE: July 2, 1991 SUBJECT: REVISION TO CONDITIONAL USE PERMIT NO. 90-50 APPLICANT: Michael Niccole DATE ACCEPTED: Nicolle' s Ristorante June 19 , 1991 5220 Main Street Huntington Beach, CA 92648 MANDATORY PROCESSING DATE: August 19 , 1991 PROPERTY Herta Backlund OWNER: 27051 Hidden Trail Rd. ZONE: Downtown Specific Laguna Hills, CA 92653 Plan - District 6 REQUEST: Revision to Conditional GENERAL PLAN: Mixed Use Use Permit No . 90-58 to expand live entertainment EXISTING USE: Niccole ' s to include unamplified Restaurant musical accompaniment to an existing acoustical piano, add a 115 square LOCATION: 520 Main Street foot dancing area and (Northeasterly corner of expand hours of operation Main St . and Sixth St . ) ACREAGE: 4 , 550 square foot lot 1 . 0 SUGGESTED ACTION: Approve the revision to Conditional Use Permit No . 90-50 with findings and suggested conditions of approval . 2 . 0 GENERAL INFORMATION: The proposed revision to Conditional Use Permit No . 90-50 is a request by the owner of Niccole ' s Restaurant to add unamplified musical accompaniment to the existing acoustical piano entertainment, add a 115 square foot dancing area on the second floor and expand the hours of operation to 1 : 00 AM on Monday through Thursday and Sunday nights and 2 : 00 AM on Friday and Saturday nights . 03 A-F M-23C ATTACHMENT N0. z 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North, East and South of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Commercial/Residential West of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Library 4 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . 5 . 0 COASTAL STATUS : Pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use Permit No . 90-50 is exempt from the coastal development permit provisions . 6 . 0 REDEVELOPMENT STATUS: Niccole ' s Restaurant is located in the Main-Pier Redevelopment Project Area . 7 . 0 SPECIFIC PLAN: Niccole ' s Restaurant is located in the Downtown Specific Plan - District 6 . 8 . 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: The owner of Niccole ' s Restaurant has requested a revision to Conditional Use Permit No . 90-50 which was approved by the Planning Commission on December 4 , 1990 . The revision includes adding unamplified musical accompaniment to the existing piano entertainment, adding a 115 square foot dance area and ,extending the closing hours on Monday through Thursday and Sunday to 1 : 00 AM and Friday and Saturday to 2 : 00 AM. Staff has reviewed the request and has determined that adding unamplified musical accompaniment to the existing acoustical piano entertainment . will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere which is very subdued. Staff Report - 7/2/91 -2- (0054d) The applicant has indicated that the small, informal 115 square foot dance area will be on the second floor located near the piano area . Staff feels that the small, informal dance area will compliment the entertainment and dining atmosphere. The request to extend the closing hours to 1 : 00 AM on Monday through Thursday and Sunday and 2 : 00 AM on Friday and Saturday is supported by staff . The proposed closing hours are consistent with late night operations in the the downtown area . Staff has not received any land use complaints regarding the existing activities, hours of operation or noise. Therefore, staff feels that Niccole ' s Restaurant has demonstrated being a .good neighbor and will not create land use problems in the future. EXISTING HOURS Monday Closed Tuesday - Friday Lunch 11 : 30 AM to 2 : 00 PM Dinner 5 : 00 PM to 10 : 00 PM Saturday - Sunday Dinner only 5 : 00 PM to 10 :00 PM PROPOSED HOURS Monday - Friday Lunch 11 :30 AM to 2 : 00 PM Monday - Thursday Dinner 5 : 00 PM to 1 : 00 AM Friday - Saturday Dinner 5 : 00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1 : 00 AM Staff supports the request to revise Conditional Use Permit No . 90-50 by permitting unamplified musical accompaniment to the existing piano, adding a 115 square foot informal dance area and extending the closing hours to 1 : 00 AM on Monday through Thursday and Sunday and to 2 : 00 AM on Friday and Saturday nights . 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve the proposed revision to Conditional Use Permit No. 90-50 with the following findings and suggested conditions of approval : FINDINGS FOR APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 : 1 . The addition of musical accompaniment to the existing piano entertainment adding a small, informal dance area and extending the closing hours 1 : 00 AM on Tuesday through Thursday and Sunday and to 2 : 00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area . 2 . The proposed revisions will not be detrimental to property values in the area . Staff Report - 7/2/91 -3- (0054d) 3 . The proposed revisions will not create traffic problems . 4 . The granting of the revision to Conditional Use Permit No . 90-50 will not adversely affect the General Plan. CONDITIONS OF APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 : 1 . The site plan and floor plan dated received June 19 , 1991 shall be the approved layout . 2 . Live entertainment shall be restricted to unamplified piano and musical accompaniment . -3 . Hours of operation shall be: Monday - Friday Lunch 11 : 30 AM to 2 : 0.0 PM Monday - Thursday Dinner 5 : 00 PM to 1 : 00 AM Friday - Saturday Dinner 5 : 00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1: 00 AM 4 . Dance area shall be limited to 115 square feet on the second floor . 11 . 0 ALTERNATIVE ACTION: The Planning Commission may deny the revision to Conditional Use Permit No . 90-50 . ATTACHMENTS : 1. Area map 2 . Narrative 3 . Site plan and floor plan dated received June 19 , 1991 4 . Minutes from the December 4 , 1990 Planning Commission meeting HS:RLF: kjl Staff Report - 7/2/91 -4- (0054d) MU UU UL UU UUf L lU RI f. nN�E/� -1 avE. �•' P R I ::r G 1 Ms�1I IIII�)W;11II(0)R2 ... =Infll Jteo'H ~ 'oM•rl � I nv[. r •� I � ER R1 � rr�`JUU`' ..JL�IfTIKU-UU6 R3 R3 V �[ \ ,[r y u. IJ INOIANnPOLIS 1� •.9�x R3 R3 � IFIU �I�°4• U U LJI_r � N JRD avE / d" CFF C —pill ' r—'- + OL DT N ' MN SPECIFIC A - r e�? �.r ti L_(DISTRI E) UIn nvE. I >o PECAN ; I r �r UUU � M H-FP2 C�, ;r .J•r l a III 1 NNI I nVE ' 'r',r �' 4 FIC � � m� •. R2-PD•CZ-FP2 w I 1'tp 1' •�Cr ? v D [r r.ruNE nv ` R�Fp CZ1 V •":o� E I ly Q z a aI � 'NYi.cu�ll4_.. ... 5 StgC/'pi Qk R7-P-C7 FP) OC aAti 9,�;t Cit•\ ,'//^/> 8ti� 05 �'. �,.I/ nT1.nNrn 4/O3�°�+a,'y I ..1.:Z I \ III,•► '---'\ ////�'O�-Y i 4MI NIIII II / I11�IM�In.�S nR( I IX[r 0/* .rnNr n1 .11 r.. me+or lugMnfn In[.rr.wD•ro rw[cr Nr[n J ` CUP90-50 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION B-3 REVISON OF CONDITIONAL USE PERMIT NO. 90-50 : APPLICANT: MICHAEL NICCOLE LOCATION: 520 Main Street - Niccole ' s Restaurant The proposed revision to Conditional Use Permit No. 90-50 is a request by the owner of Niccole' s Restaurant to add unamplified musical accompaniment to the existing acoustical piano entertainment, add ,a 115 square foot dancing area on the second floor and expand the hours of operation to 1: 00 AM on Monday through Thursday and Sunday nights and 2: 00 AM on Friday and Saturday nights . STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the proposed . revision to Conditional Use Permit No. 90-50 with findings and suggested conditions of approval . THE PUBLIC HEARING WAS OPENED. Terry Olson, 611 - 6th Street, spoke in opposition to the request . Major concerns included no permit from ABC, place of business in close proximity to residences and parking problems . Susan Zisakis, 16951 Mt. Collien, Fountain Valley, spoke in opposition to the request . Ms . Zisakis is the manager of the adjacent property. She states she has had numerous complaints regarding noise and parking, and the restuarant staff is very uncooperative. Gus Zisakis, 16951 Mt . Collien, Fountain Valley, spoke in opposition to the request. Mr. Zisakis is also the manager of the adjacent property. He stated they will be unable to find suitable tenants if further problems occur. He also stated he has numerous late hour noise and parking complaints . Jo Christian-Craig, 529 Lake Street, spoke in opposition to the request. Ms. Christian-Craig, is in favor of mixed-use development in the area, but feels the late hour of closing will cause noise problems and traffic problems . Rocco Sarracino and Mike Niccole, 520 Main Street, applicants, spoke in favor of the request . They stated that they will do everything possible to eliminate the above stated objections and concerns . THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed approval of the request with the following conditions : 1) double efforts to control employee parking in front of residences; 2) control of alley activities; and 3) come back for a 6-month review. Pc Minutes - 7/2/91 -2 (o�s5a> A ^fACHNiENTNO. �1 ' 1 Commissioner Newman stated the area is mixed use and noise should be expected. She also stated that the downtown area was being designed to draw people to the area, and the noise factor would be a fact of life. Commissioner Richardson discussed with staff the type of music to be played. A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG, TO APPROVE REVISION TO CONDITIONAL USE PERMIT NO. 90-50, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 : 1 . The addition of musical accompaniment to the existing piano entertainment adding a small, informal dance area and extending the closing hours 1:00 AM on Tuesday through Thursday and Sunday and to 2 : 00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area . 2 . The proposed revisions will not be detrimental to property values in the area . 3 . The proposed revisions will not create traffic problems . 4 . The granting of the revision to Conditional Use Permit No . 90-50 will not adversely affect the General Plan. CONDITIONS OF APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 • 1. The site plan and floor plan dated received June 19, 1991 shall be the approved layout. 2 . Live entertainment shall be restricted to unamplified piano and musical accompaniment . 3 . Hours of operation shall be: Monday - Friday Lunch 11:30 AM to 2 : 00 PM Monday - Thursday Dinner 5 : 00 PM to 1:00 AM Friday - Saturday Dinner 5 : 00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1: 00 AM PC Minutes - 7/2/91 -3- (0785d) DRAFT 4 . Dance area shall be limited to 115 square fee o floor. 5 . A six month review shall be conducted by the Planning Commission in order to monitor the following: - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation - Live Entertainment - Limitation of Dance Area PC Minutes - 7/2/91 -4- (0785d) RCA - ROUTING SHEET/CHECKLIST WHITE - REMAINS WITH RCA GREEN - ADMINISTRATION COPY CANARY - CITY ATTORNEY'S COPY PINK - CITY CLERK'S COPY GOLD - DEPARTMENT COPY INITIATING DEPARTMENTCpMMUIukT�4 DEveLjppm;nT DATE Io4oIA SUBJECT A PPtF4,L TO ���[I�IL)h1. of C'_UP c10-50 MEETING DATE (plg�l AGENDA DEADLINE (TO ADMINISTRATION) YES NO PUBLIC NOTICE [ ] [ ] PUBLICATION DATE LEGAL DEPARTMENT(with Exhibits) Date In Date Out INITIATING DEPARTMENT REVIEW/CHECKLIST: YES NO N/A ( ] 1/1 [ ] Ordinance [ ] Exhibit 1 [ ] [ A [ ] Resolution [ ] Exhibit 2 [ ] [//�j [ ] Signed Contract [ ] Exhibit 3 Signed Agreement [ ] Exhibit 4 Neg. Dec/EIR Insurance Required Additional [ ] // Exhibits Nbr. Bonds Required Financial Impact statement / (Unbudgeted Items over $1,000) RCA - City Council RCA - Redevelopment Agency INITIATING DEPARTMENT APPROVAL BY: [ ] ADMINISTRATION REVIEW [ ] CITY CLERK FOR AGENDA COMMENTS: b d REQUEST FOR CITY COUNCIL ACTION October 7, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator —��� Prepared by: Michael Adams, Director of Community Development Subject: APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO.- 90-50 Consistent with Council Policy? XJ Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE• Transmitted for your . consideration is an appeal by Gus Zisakis to the Planning Commission' s approval of a revision to Conditional Use Permit No . 90-50 . The revision is a request to expand live entertainment to include unamplified musical accompaniment to an existing acoustic piano, add a 115 square foot dancing area and expand hours of operation-. RECOMMENDATION• Motion to: "Deny appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No. :90=50 . Planning Commission action on July 2, 1991: On motion by Kirkland and second by Leipzig, the Planning Commission approved the revision to Conditional Use Permit No. 90-50 by the following vote: . AYES: Richardson, Newman, Kirkland, Dettloff, Bourguignon, Leipzig NOES: - None ABSENT: Shomaker ABSTAIN: None �^ MOTION PASSED c. T < PI0 5/85 Staff recommends that the City Council deny the appeal and sustain the Planning Commission' s approval of the revision to Conditional Use Permit No . 90-50 . ANALYSIS: . Appellant : Gus Zisakis 16951 Mt . Collins Fountain Valley, CA 92708 Applicant : Michael Niccole Nicolle' s Ristorante 5220 Main Street-. Huntington Beach, CA 92648 Location: 520 Main Street (Northeasterly corner of Main Street and Sixth Street) The owner of Niccole' s Restaurant has requested a revision to Conditional Use Permit No. 90-50 which was approved by the Planning Commission on December 4, 1990 . The revision includes adding unamplified musical accompaniment to the existing piano entertainment, adding a 115 square foot dance area and extending the closing hours on Monday through Thursday and Sunday to 1 : 00 AM and Friday and Saturday to 2 : 00 AM. Staff has reviewed the request and has determined that adding unamplified musical accompaniment to the existing acoustical piano entertainment will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere. The appellant has submitted an appeal which states that the restaurant has devalued property directly next to the restaurant . The appellant has received complaints from his tenants regarding noise and parking problems . The main issue seems to be extending the hours of operation being to 2: 00 a.m. The appellant has also stated that in addition to noise there are parking problems and health code have been violated. Staff has referred the health concerns to the County Health Department and their staff are investigating the statements . The parking issue concerns the location of employee parking adjacent to the residential areas . The restaurant manager has directed his employees to park elsewhere. The restaurant is located in' the Downtown area in a mixed-use zone. Mixed use typically results in commercial and residential land uses occurring in close proximity. Such proximity is intended to create a downtown urban atmosphere. Staff maintains that the proposed expansion of live entertainment is compatible with surrounding uses and appropriate for the downtown area . The key to a successful integration of the two uses relies on proper on-site management of the restaurant ; therefore staff recomends that the expanded uses and hours be subject to a six month review. In addition, compatiblity may be enhanced by requiring that live entertainment cease at 12 : 00 AM on weeknights and 1 : 00 AM on weekends , thus language would need to be added to the attached conditions . �" RCA -2- (0694d) Staff has analyzed the concerns stated in the appeal and feel that the revision to the Conditional Use Permit No . - 90-50 with added conditions will not be detrimental to property values . ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. COASTAL STATUS: Pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use•- Permi-t No'.�- �90-50 is exempt from the coastal development permit provisions . FUNDING SOURCE: No funds required. ALTERNATIVE ACTION: 1. Motion to: "Limit the hours of operation and require that closing time be 12 : 00 AM Sunday through Thursday and 1: 00 AM Friday and Saturday; " or 2 . Motion to: "Approve the appeal and overturn the Planning • Commission' s approval of - the revision to Conditional Use Permit No. 90-50 with findings . " ATTACHMENTS: 1. Planning Commission Findings and Conditions of Approval 2 . Appeal letter 3 . Planning Commission Staff Report dated July 2, 1991 4 . Planning Commission Minutes dated July 2, 1991 MTU:MA:RLF: lp ,3 RCA -3- (0694d) ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL REVISION TO CONDITIONAL USE PERMIT NO, 90-50 FINDINGS FOR APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO, 90-50 : 1 . The addition of musical accompaniment to the existing piano entertainment adding a small, informal dance area and extending the closing hours 1: 00 AM on Tuesday through Thursday and Sunday and to 2 : 00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area . 2 . The proposed revisions will not be detrimental to property values in the area . 3 . The proposed revisions will not create traffic problems . 4 . The granting of the revision to Conditional Use Permit No . 90-50 will not adversely affect the General Plan. CONDITIONS OF APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO, 90-50• 1 . The site plan and floor plan dated received June 19, 1991 shall • be the approved layout . 2. Live entertainment shall be restricted to unamplified piano and musical accompaniment. 3 . Hours of operation shall be: Monday - Friday Lunch 11: 30 AM to 2 : 00 PM Monday - Thursday Dinner 5 : 00 PM to 1: 00 AM Friday - Saturday Dinner 5 : 00 PM to 2: 00 AM Sunday Dinner 5 : 00 PM to 1 : 00 AM 4 . Dance area shall be limited to 115 square feet on the second floor . 5 . A six month review shall be conducted by the Planning Commission in order to monitor the following : - Alley Conditions - Site Maintenance - Noise Transmission - Employee Parking - Employee Monitoring - Hours of Operation • - Live Entertainment - Limitation of Dance Area �\ (0883d) JuIv 11 , 1991 Gus Zi.sakis 16951 Mt . Collien Fountain Valley , .Ca 92708 114) 83q- C�yS We are appealing the. decision of the Planning Commission to revise the Conditional Use - Permit No . 90-50 . The decision on the part. of the Commission to extend hours , add live entertainment , and a dance floor would be detrimental to - the adjacent buildings and neighborhood . The Niccoles Restaurant has been operating for over a year and I feel since opening has devalued property directly next to the- restaurant . Besides depreciation of property values the owner for the past eighteen years of 611 Sixth St . , Phil Zisakis , and manager of said property, Gus Zisakis , have had to deal with aggravations , fustrations , rental and re-rental expenses of apartments vacated by long term tenants , parking difficulties by tenants , complaints from tenants , threats from restaurant to tenants over parking , etc . The surrounding property owners have been railroaded and I am not • going to stand still while the Planning Commission and City Council rush this through without consideration of the problems this revision will create . The building now occupied by Niccoles Restaurant has existed as a very successful restaurant ( Villa Sweden ) for many, many years . All fractions of this mixed-used area has lived in harmony and prosperity in the . past. With the revisions approved by the Planning Commission on July Z , 1991 you have turned a "restaurant" in the middle of residentail property into a "nightclub. " The commission ' s attitude of wanting "to bring a fine dining experience to downtown Huntington Beach" is great - but I strongly question the idea of a fine dining - experience between the hours of 10 : 00 P.M . and 2 : 00 A . M. Exactly what element of clientele does the Planning Commission want "strolling around downtown Huntington Beach" between 10 : 00 P. M. and 2 : 00 A.M . ? The restaurant has already caused noise and parking problems . The owners and employees have been very arrogant . As I stated to the Commission on July Z their attitude consist of doing what they want , when they want and how they want. Upon my questions of staff regarding the appeals process I find that they never checked with the police department regarding complaints . They never visually inspected the property which would have shown the close proximity of residential units adjacent to the restaurant and parking areas . I was told this revision was rushed to agenda . Why? After i . residents and property owners expressed concern over the revisions at the hearings why was an investigation not requested before approving a measure that affects other property owners and city residents? Why does one business ' request outweigh the other property owners ' rights? No detailed investigation has been done = even the Alcohol and Beverage Commission sent out an investigator. My only conclusion to these questions are that the decision to approve this was made before the hearing . The noise created between 10 : 00 P.M and 2 : 00 A .M. creates a major problem for the residents of this area. Noises such as car doors , excessive traffic , loitering of customers and employees are not desirable for this block. Commissions attitude of "you have to expect a little noise if you live at the beach" is ludicrous . A car door slamming or car alarm ( as is so prevalent among car owners today ) at 2 : 00 A.M. is alot different t n a car door or alarm at 10 : 00 P. M. For the commission o tell a private tax paying citizen to "move or buy ear plugs" is totally ridiculous ! The residents and property owners of this area were ignored and treated as second class citizens by the planning commission. This area is zoned mixed-use but anybody on council knows you don' t put a dance hall/cocktail bar, or 24 hour market adjacent or underneath condos or apartments . Some discretion on the Planning Commission has to be exercised in these areas so that all concerned can live in harmony. Your project downtown already shows the noise factor can penetrate walls constructed to absorb such noise , as already evidenced by the closing of the nightclub Peppers downtown recently. If a project built to absorb noise can ' t survive in harmony with its commercial neighbor the theater with wall built to absorb the sound how do you expect residential neighbors to live next door to late night live entertainment?? My opinion , and most everyone else owning or renting property in this area is that the late night closing between 10 : 00 P. M. and 2 :00 A. M. will create additional police calls , adding extra work for the Huntington Beach Police Department which in turn will add expense to their operating costs which will be turned over in the end to the taxpayer. We strongly oppose the Planning Commissions decision to revise this Use Permit and do appeal the decision . ''RETURN' tO 12:54:20 11) JUL 1901 REQUESTED SCREEN PR I NT FROM PORT 053 LOC: 520 MAIN ST-HB AT. RD: 451 'BT: BLDG: NICCOLES ITALIAN REST Ulu: FHN: 9608793 ALM#: CROSS1 : 556 ACACIA AV-HB CROS82: 698 6TH ST-HB HAZ: RP: PANIOUE,DUSTIN AD: PH: ge08091 TYPE: 415-DISTURBING .THE PEACE PRI : 2 RECD: 17:00:43 DISP: 17:02:59 UNIT: 2C3 BA_XUP: 2D3 LLC.#2:. DR: NUM: 0 CN: 0100612 DISPO: PAWL SUBJ3 TO THE FRONT DRINKING CIN THE STREET (JSK) 17:01:'05 THREW BEER IN THE RESTAURANT (JSK) 1:710I:l2 ' 12 SUBJS (JSK) 17:01: 15 f - ONE MALE IRATE. ,M/HISPANIC 11/LARGE STOMACH/WRG DK (JSK) 17:02:09 CLASSES/WHI MUSTACHE (JSK) 17:U2-.12 WRO WHITE SHIRT AND ERN TAN PANTS AND COWBOY Br1T9 AND BELT (JSll) � 17:02;32 'RETURN' t0 r:r i k. '!J' C.:.. -Fo. 'p' fr.r GBde 2: .. :r 1 12149: 11 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 053 LWt 611 6TH ST-HB AT: 4 RD: 451 BT: 6 '� bLri(3I LOC PHN: ALM#.[ 0208811 506 MAI F)T-HB CROB82: 600 ACACIA AV-KB WILLIAM•LEE AD: 611 6TH ST APT 4 PH: 969 9022 .. TYPE1 930 REF 58B PI:3 RECD; 17:20:01 DISP: 17:27:46 • UNIT!56 BACKUP: LOC1t2 t DRt NUM: 0 CN: 1077522 DISPO: "C VEHS PARKED BY THE RESTAURANT—LAST NIf3HT THERE WAS A PLANMINO (PMC) 17:21:'28 '#: ' COMMISSION MTO AND THEY STATED THEY WERE NOT SUPPOSED TO PARK AT (PMC) 17:21 !52.'. 1 LOC. . .A(3REED TO PARK IN PKG LOT BUT NOT USIN13 IT (P ) 17:«2: 14 MC a ARE PARKED ON A SIDE STREET BY THE RESTAURANT (PMC) :232* VEHS ARE AT 6TH/PCH (Pmr,) 17:.24:40 P.Di Response area is 6 17:27:46-' •3 , 1 � n . 1 'RETURN' t-c- exit, 't1' tr �.trs, P' F,:.r page 12:51 :21J 10 JUL 1991 REQUESTED SCREEN FRINT FROM FORT 053 LCx : 611 6TH- ST-HB AT: RD: 451 BT: 2 t , 6LDO: LI-C, PHN: ALMR: CROS81 : 506 MAIN ST-HB CROSS2: 600 ACACIA AV-HFI HA=: ►► - ; RP: CHAFWER,CHER I AD: PH: 9599616 TYPE: 415-DISTURBIN6 THE FEACE PRI : 2 REOD: 2�:22:.57 GISF: ?- e LIMIT: 2A3 SAC-KUP: 3:29:43 FjxE� NUM: 0 ON: 0107217 LISP%�: FAWN~ � NICHOLES RESTAURANT (KNS) ' RP SAYS THAT NEW EESTAUR9NT- AT 6TH AND MAIN (KNS) 23:23:39 IS ENTIRELY M LOUD, , ,THE DISTURBANC-,.E 18 AT THE i KNS j 2 3'74"M BACK- DC<+R OF THE RESTAURANT (KNj) 23:25;01 P.D. Rea ns 3'. ' �+ 5 sre� is 23:25:1( 23.29.45 r� 47 'RETURN' to exit, 'N' for notes, .1P1 for �+qe 12:50:57 10 JUL 1991 REQUESTED SCREEN PRINT FROM PC �153 � AT: 1 RD: 451 BT: 2 L0C' 611 6TH ST-HB LOr PHN: ALM#: BLDi3: CR0881: 506 MAIN ST-HB CROS82: 600 Ar,,ACIA AV-HB t ." HAZ IP PH: 969961.E RP: CHAFER. CHERI AD: SAME TYPE: 931=SEE THE WOMAN 'PRI : 3 RECD: 23:40:05 -3 DISP: 00:58:2 UNIT: 4D3 BACKUP: 2483 LOC#2: DR; NUM: 1) CN: 0 113914 D I SPj]: PAWC RP STATED THAT SHE LIVE8 ABOVE THE GLASS SHOP AND WANTS TO (DAFT) 23:41 :57 TALK TO OFCR ABOUT THE NOISE COMING FROM TK BUSINESS NEXT (DAH) 23:42:20' TO HER, , , (DAH) 23:42:27 P.D. Reeponst. area is 2 00:58:23 r �1: � w _-c 'S I APPEAL TO THE HUNTINGTON BEACH CITY COUNCIL FROM AN ACTION TAKEN BY THE HUNTINGTON BEACH PLANNING COMMISSION Re Regarding the matter of Revision of Conditional Use Permit. No. 90-50 to expand hours of operation and expand live entertainment and .add a dance floor to Nicolle's .Ristorante located at 520 Main Street, Huntington Beach, California. ISSUES: Expand Hours of Operation The proposed revisions will be detrimental to property values and rents in the area. Tenants have relocated • as a direct result of the hours of operation and rental units stand unoccupied without future prospects for occupancy as a further direct result of the hours of operation. Expand Live Entertainment The proposed revisions will be detrimental to the general welfare of the persons residing in the area. This is the southern boarder of a long established residential area with homeowners and .tenants accustomed to an established life style of peace and tranquility. Traffic and Parking Problems The proposed revisions will exacerbate current traffic and parking problems for homeowners and tenants. When the applicants business is in operation there is no street parking available for homeowners and tenants. Employees of the. applicants business are forbidden from parking in the applicants designated parking lot and the owners refuse to do so. The applicant does not take reasonable measures to direct his clientele to park in the designated parking lot with the result being no "street parking available for local residents . When local residents have parked in the applicants lot they have been subject to tow. [See photos 5 & 6 (9: 30 AM) and photos 7 & 8 ( 8: 00 PM) taken Monday July 1 , 1991 . ] Page 2 ISSUES: (cont. ) Land Use and Health Code Violations Presently there are reports to the Planning Commission for land use violations and reports to the Orange County Health Department for violations of the Health Code. These reports are currently under investigation. [See photos 1 , 2, 3, & 4 . 1 Huntington Beach Liability The applicants employees clean the kitchen and sweep dirty, soapy, oily water with food remains into the street across a public sidewalk daily which results in the reduction of the coefficient of friction of the sidewalk so as to create a hazard to the general public and a potential liability to the City of Huntington Beach. [See photo 3 . ] • Alley Conditions, Employee Conduct & Site Maintenance The applicants employees take work breaks in the alley between their work place and local resident homes creating loud noise, vulgar language and unacceptable public behavior. The result is unsightly maintenance of the area surrounding the applicants premises on the alley side which is contributed to by garbage dumpsters being left open creating foul smells and flys. General The applicant has demonstrated arrogance when presented with these issues previously and generally fails to be a good neighbor in the local community. RESOLUTION Deny Revision to Conditional Use Permit No. 90-50 and establish a six month review by the Planning Commission to monitor alley conditions, site maintenance, noise transmission, employee parking, • and employee conduct, subject to revocation of Conditional Use Permit No. 90-50 for noncompliance with the above conditions. u .. huntington beach department of community development STAff EPOR TO: Planning Commission FROM: Community Development -DATE: July 2, 1991 SUBJECT: REVISION TO CONDITIONAL USE PERMIT NO. 90-50 APPLICANT: Michael Niccole DATE ACCEPTED: Nicolle ' s Ristorante June 19 , 1991 5220 Main Street Huntington Beach, CA 92648 MANDATORY PROCESSING DATE:. August 19 , 1991 PROPERTY Herta Backlund OWNER: 27051 Hidden Trail Rd . ZONE : Downtown Specific Laguna Hills , CA 92653 Plan - District 6 REOUE$T: Revision to Conditional GENERAL PLAN: Mixed Use Use'.Permit No . 90-5.8 to expand live entertainment EXISTING USE: Niccole ' s to include unamplified - Restaurant musical accompaniment to an existing acoustical piano, add a 115 square LOCATION: 520 Main'. Street foot dancing area and (Northeasterly corner of expand hours of operation Main St . and Sixth St ..) ACREAGE: 4 , 550 square foot lot 1 . 0 SUGGESTED ACTION : Approve the revision to Conditional Use Permit No . 90-50 with findings and suggested conditions of approval . 2 . 0 GENERAL INFORMATION: The proposed revision to Conditional Use Permit No . 90-50 is a request by the owner of Niccole ' s . Restaurant to add unamplified musical accompaniment to the existing acoustical piano entertainment , add a 115 square foot dancing area on the second floor and expand the hours of operation to 1 : 00 AM on Monday through Thursday and Sunday nights and 2 : 00 AM on Friday and Saturday nights . A-FM-23C 1 1 xi it;N�.�"�i NO, 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS : North, East and South of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan- District 6 LAND USE : Commercial/Residential West of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Library 4 . 0 ENVIRONMENTAL STATUS : The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act . . 5 . 0 COASTAL STATUS : Pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code the proposed revision to Conditional Use Permit No . 90-50 is exempt from the coastal development permit provisions . 6 . 0 REDEVELOPMENT STATUS : Niccole' s Restaurant is located in the Main-•Pier Redevelopment Project Area . . 7 . 0 SPECIFIC PLAN: Niccole' s Restaurant is located in the Downtown Specific Plan - District 6 . 8 . 0 SUBDIVISION COMMITTEE: Not applicable . 9 . 0 ISSUES AND ANALYSIS , The owner of Niccole' s Restaurant has requested a revision to Conditional Use Permit No . 90-50 which was approved by the Planning Commission on December 4 , 1990 . The revision includes adding unamplified musical accompaniment to the existing piano entertainment , adding a 115 square foot dance area and extending the closing hours on Monday through Thursday and Sunday to 1 : 00 AM and Friday and Saturday to 2 : 00 AM. Staff has reviewed the request and has determined that adding unamplified musical accompaniment to the existing acoustical piano entertainment will not create a land use problem. The intent of the additional entertainment is to enhance the dining atmosphere which is very subdued . Staff Report - 7/2/91 .-2- (0054d) y The applicant has indicated that the small , informal 115 square - foot dance area will be on the second floor located near the piano- area . . Staff feels that the small , informal dance area will compliment the entertainment and dining .atmosphere . . The request to extend the closing hours to 1 : 00 AM on Monday through . Thursday and Sunday and 2 : 00 AM on Friday and Saturday is supported by staff . The proposed closing hours are consistent with late night operations in the the downtown area . Staff has not received any land use complaints regarding the existing .activities , hours of operation or noise . Therefore, staff feels that Niccole' s Restaurant has demonstrated being a good neighbor and will not create land use problems in the future . EXISTING HOURS Monday Closed Tuesday - Friday Lunch 11 : 30 AM to 2 : 00 PM Dinner 5 : 00 PM to 10 : 00 PM Saturday - Sunday Dinner only 5 : 00 PM to 10 : 00 PM PROPOSED HOURS Monday - Friday Lunch 11 : 30 AM to 2 : 00 PM . Monday - Thursday Dinner 5 : 00 PM to 1 : 00 AM Friday - Saturday Dinner 5 : 00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1 : 00 AM Staff supports the request to revise Conditional Use Permit No . 90-50 by permitting unamplified musical accompaniment to the existing piano, adding a 115 square foot informal dance area and extending the closing hours to 1 : 00 AM on Monday through Thursday and Sunday and to. 2 : 00 AM on Friday and Saturday nights . 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve the proposed. revision to Conditional Use Permit No .. 90-50 with, the following findings and suggested conditions of approval : FINDINGS FOR APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO. 90-50 : 1 . The addition of musical accompaniment to the existing piano entertainment adding a small , informal dance area and extending the closing hours 1 : 00 AM on Tuesday through Thursday and Sunday. and to 2 :'00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area . 2 . The proposed revisions will not be detrimental to property values in the area . Staff Report - 7/2/91 -3- (0054d) 3 . The proposed revisions will not create traffic problems . 4 . The granting of the revision to Conditional Use Permit No . 90-50 will not adversely affect the General Plan. CONDITIONS OF APPROVAL - REVISIONS .TO CONDITIONAL USE PERMIT NO. 0-50 : 1 . The. site plan and floor plan dated received June 19 , 1991 shall be the approved layout . 2 . Live entertainment shall be restricted to unamplified piano and musical accompaniment . 3 . Hours of operation shall be : Monday - Friday Lunch 11 : 30 AM to 2: 00 PM Monday - Thursday Dinner 5 : 00 PM to 1 : 00 AM Friday - Saturday Dinner 5 : 00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1 : 00 AM 4 . Dance area . shall be limited to 115 square feet on the second floor . 11 . 0 ALTERNATIVE ACTION: The Planning Commission may deny the revision to Conditional Use Permit No . 90-50 . ATTACHMENTS: 1 . Area map 2 . Narrative 3 . Site plan and floor plan dated received June 19 , 1991 4 . Minutes from the December 4 , 1990 Planning Commission meeting . HS:RLF: kjl ` Staff Report - 7/2/91 -4- (0054d) :I _ L_.Jl___1 UU UU UU UUI unsi LJ�r R3 R3 R34 •.Harr s lolnt AVE. I l-J 1Ir)'�IM4T f'1IIIl^�J111{� 'II1'�lIII1I �11 I1'SIRS R3 a R3-c 'a fN4 R3 HQ a1n •f � c_J� -i J �`_J1 i�V - a+ y p. � ��I� varnNnro IS wEr f 9J� R 3 FRS LjI_r �l � ti w 1 •c! N +:, r ono evE l 11 ✓a U / al! l ' ✓ / n_11, HT '. OIOT NI Ulf 'rSPECIFIC- A �v_E�ifi—�— ` t/ fti,, + ;�o��: cn VI__II-_:.h'I__II_ MH-FP2 f !`I JeVl 'I ; C:. —nvE �I},�`+� /` —J —'�j ,:.}�-Y1__Fog- N2r0c--rs•2 w A. , -FP2 k Scli �I iC �fOk,< 9/ /'f' a+o_ t /�` �._ H a._.—.. // /�����i��///�/// OC n t I.AN TA i AVE / V 1. . /•, `\� /.`� �7.1 J+ ,♦ �\ \ nr,.r^.rl •^m.nr nV+.r.. ..r Orr. .Oc • CUP90-50 HUNTINGTON BEAC11 �� HUNTINGTON BEACH PLANNING DIVISION CUP fo_so��) nr RECEIVED IST RANTE •, / May 08 , 1991 Dept.°��0mm'DeVe'�oPment i•1r .. Hal Simmons SPrl1C�r P1_a;)n-r Department of Community Development Huntington "each , CA 92648 Dear Mr . Simmons : Recently , NICCOLE ' S RISTOrANTE applied for a "Conditional Use Permit" to allow live entertainment with a piano . We received approval for the permit on December 07 , 1990 . We now wish to amend the "Conditional Use Permit" to include a piano with musical accompaniment and dancing . The dance floor will be in the area between the piano and the balcony . We would also like to extend the hours allowed for entertain- ment until 2 : 00 A . M . The City of Huntington beach is in the ►nidst of a complete renaissance . NICCOLE ' S rISTORANTE is an upscale dining establishment offering the finest in Italian Cuisine . We wish to complement this fine dining experience by offering our patrons entertainment of the same fine quality . Sincerely , i`;ichael W. iccole , Owner 520 Main St., Huntington Beach California 92648 ( 714) 960-8091 .... ......... ..... ...... . . f 1 • NICCOLE'S RISTORANTE L7 �I iI PnckaK wC I • ,arm F n4 I _ / i I j RECEIVED JUN 1 9 1991 � P.Vtxl.ly 'SF�-E UYouf c.ncco�Es rcnToeu� Dept.of Comm.Development . —AN. d A.Z— ILI i� �V coo cc�. ;r ccoCD r - _ »� i` _ •; I �_ C CN FICID =ICIDV: 1�� I C ' vrnneuir 1 � ,•.pr�i.��-- <.cu �i �� I F- _ny \ , Li -- Div llfflE-11-1 — a � h '� �; `\, l�j., u�..o ...t �°Nt.0!.�C_'."'. �''•�'��0 .f^ Ill ^ 3 . The access to and parking for the proposed liquor store • create an undue traffic problem. :. . 4 . The proposed liquor store will not adversely aff -e General Plan. CONDITIONSF APPROVAL - CONDITIQNAL USE PER 9 0-58 1 . The site plan and floor plan dated ed and September. 27 , 1990 shall be the approved layou 2 . Hours of operation shall be • Sunday - Thursday 7 : 00 AM to 10 : 00. PM Fr.iday - Saturday 7 : 00 AM to 11 : 00 PM 3 . Tenant improve all comply with all applicable provisions . of the Ordi ode, Building Division, and Fire ` Department . 4 . All bu ' 'spoils , such as unusable lumber , wire, pipe , and oth us or unusable material , shall be disposed of at an o acility equipped to . handle them. e Planning Commission reserves the right to revoke Conditional Use Permit No . 90-58 if any violation of these conditions or the .Huntington Beach Ordinance Code occurs . • B-4 CONDITIONAL USE PERMIT NO. 90-50/SPECIAL SIGN PERMIT NO . 90-8 : APPLICANT: ROBERT MICHEILSEN . LOCATION: 520 Main 'Street - Niccoles Restaurant Conditional Use Permit No 90-50 is a request to establish, live ' piano entertainment -in the existing Niccole ' s Restaurant- located at 520 Main Street . . - Special Sign Permit No . 90-8 is a request to permit an exposed raceway and cabinet sign on the main restaurant building and change of . copy to an existing off-site freestanding sign pursuant to Article 961, Sian Code, of the Huntington Beach Ordinance Code and the Downtown Design Guidelines . THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the overall design plan for the signs downtown and if the approval of this would set a precedence . . Staff explained that the use of any sign will be dictated by the needs of the building . PC Minutes - 12/4/90 -8 ( 8044d) , A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 90-50 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE : AYES : Shomaker , Mountford, Williams , Ortega , Kirkland , Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSE FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90-50 : 1 . The live piano entertainment will not be detrimental to the general welfare of persons residing in the vicinity. 2 . The live entertainment will not be detrimental to property value and improvements in the neighborhood . 3 . The proposed live entertainment will not create an undue traffic problem. 4 . The granting of Conditional Use Permit No . 90-50 for live piano entertainment will not adversely affect the General Plan . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-50 : 1. The site plan and floor plans dated received November 20 , 1990 shall be the approved layout . 2 . Live entertainment shall be restricted to one ( 1) piano . 3 . Hours of operation shall be: Monday Closed Tuesday-Friday Lunch 11 : 30 AM to 2 : 00 PM Dinner 5 : 00 PM to 10 : 00 PM Saturday Dinner only 5 : 00 PM to 10 : 00 PM A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE SPECIAL SIGN PERMIT NO. 90-8 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams , Ortega , Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED �O CPCnutes - 12/4/90 -9- ( 8044d) B-3 REVISON OF CONDITIONAL USE PERMIT NO. 90-50 : \ tf APPLICANT: MICHAEL NICCOLE LOCATION: 520 Main Street - Niccole ' s Restaurant The proposed revision to Conditional Use Permit No . 90-50 is a. request by the owner of- Niccole ' s. Restaurant to add unamplified musical accompaniment to the existing acoustical piano . entertainment, add a 115 square foot dancing area on the second floor and expand the hours of operation to 1: 00 AM on Monday through Thursday and Sunday nights and 2 : 00 AM on Friday and Saturday nights . STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the proposed revision to Conditional Use .Permit No . 90-50 with findings and suggested conditions of approval . r . THE PUBLIC HEARING WAS OPENED. Terry Olson, 611 - 6th Street, spoke in opposition to the request .. Major concerns included no permit from ABC, place of business in close proximity to residences and parking problems . Susan Zisakis , 16951 Mt . Collien, Fountain Valley, -spoke -in opposition to the request . Ms . Zisakis is. the manager of the adjacent property. She states she has had numerous complaints regarding noise and parking, and the restuarant staff is very uncooperative. Gus Zisakis , 16951 .Mt . Collien, Fountain Valley, spoke in opposition . to the request . Mr . Zisakis is also the manager of the adjacent property. He stated they will be unable to find suitable- tenants if further problems occur . He also .stated he has numerous late hour noise and parking complaints . Jo Christian-Craig , 529 Lake Street, spoke in opposition to the request . Ms .. Christian-Craig, is in favor . of mixed-use development in the area , but feels the late hour of closing will cause noise problems and traffic problems . Rocco Sarracino and Mike Niccole, 520 Main Street, applicants , spoke in favor of the request . They stated that they will do everything possible to eliminate the above stated objections and concerns. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed approval of the request with the following conditions : 1) double efforts to control employee parking in' front of residences ; 2) control of alley activities; and 3) come back for a 6-month review. . PC Minutes - 7/2/91 -2- (0785d) ' HCHMENTNO. .} I Commissioner Newman stated the area is mixed use and noise should be expected . She also stated that the downtown area was being designed to draw people to the area, and the noise factor would be a fact of life. I Commissioner Richardson discussed with staff the type of music to be played. A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG, TO APPROVE REVISION TO CONDITIONAL USE PERMIT NO. 90-50 , WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff , Bourguignon, Leipzig NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO, 90-50 : 1. The addition of musical accompaniment to the existing piano entertainment adding a small, informal dance area and extending . the closing hours 1: 00 AM on Tuesday through Thursday and Sunday and to 2 : 00 AM on Friday and Saturday nights will not be detrimental to the general welfare of the persons residing in the area . 2 . The proposed revisions will not be detrimental to property values in the area . 3 . The proposed revisions will not create traffic problems . 4 . The granting of the revision to Conditional Use Permit No . 90-50 will not adversely affect, the General Plan. CONDITIONS OF APPROVAL - REVISIONS TO CONDITIONAL USE PERMIT NO, 90-50 : 1. The site plan and floor plan dated received June 19 , 1991 shall be the approved layout . 2 . Live entertainment shall be restricted to. unamplified piano and musical accompaniment . 3 . Hours of operation shall be: Monday - Friday Lunch 11 : 30 AM to 2 : 00 PM Monday - Thursday Dinner 5 : 00 PM to 1 : 00 AM Friday - Saturday Dinner 5 : 00 PM to 2 : 00 AM Sunday Dinner 5 : 00 PM to 1 : 00 AM _V PC Minutes - 7/2/91 -3- (0785d) swam URA • 4 . Dance area shall be limited to 115 square f e e F o floor. 5 . A six month review shall be conducted by the Planning Commission in order to monitor the following : - Alley .Conditions Site Maintenance - Noise Transmission Employee Parking - Employee Monitoring Hours of Operation Live Entertainment Limitation of. Dance Area • PC Minutes - 7/2/91 -4- (0785d) CITY OF HUNTINGTON BEACH • r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH PARKING AUTHORITY Peter Green, Chairman Don MacAllister, Director Grace Winchell , Director Jim Silva, Director Jack Kelly, Director Earle Robitaille, Director Linda Moulton-Patterson, Director Gentlemen: You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 7:00 P.M. on Monday, October 7, 1991 , for the purpose of considering (1 ) The appropriation of a loan of $100,000 from the Parking Authority Fund balance to be repaid by the Redevelopment Agency upon the sale of the tax allocation . bonds for Phase II Waterfront, or in the event that a new Beach Maintenance Facility is not built, from the proceeds obtained through the sale of this site and to (2) Approve a change order to the design contract of Purkis-Ross Associates in the amount of $35,350 from Parking Authority funds to provide for a photogrammetically topographic map of the beach area from Beach Boulevard to llth Street to be used for the construction drawings for the south beach parking improvement area and for the master plan design for north of the pier parking area improvements. Dated: September 30, 1991 Chairman, Huntington Beach Parking Authority ATTEST: Secretary I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington Beach Parking Authority," prior to 7:00 P.M. on Friday, October 4, 1991 . • Chairman, Huntington Beach Parking Authority (Telephone:714.536.5227) • MINUTES HUNTINGTON BEACH PARKING AUTHORITY Council Chamber, Civic Center Huntington Beach, California Monday, July 15, 1991 A videotape recording of this meeting is on file in the City Clerk' s Office. Chairman Green called the special meeting of the Huntington Beach Parking Authority of the City of Huntington Beach to order at 7 p.m. HUNTINGTON BEACH PARKING AUTHORITY ROLL CALL PRESENT: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton—Patterson ABSENT: None The Secretary was directed- to read the Call for the special meeting. • CALL FOR SPECIAL MEETING- HUNTINGTON BEACH PARKING AUTHORITY Peter Green, Chairman Don MacAllister, Director Grace Winchell , Director Jim Silva, Director Jack Kelly, Director Earle Robitaille, Director Linda Moulton-Patterson, Director - Gentlemen: You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 7:00 P.M. on Monday, July 15, 1991 , for the purpose of considering items of business on the Huntington Beach Parking Authority agenda as attached and as posted at the Civic Center bulletin board. Chairman, Huntington Beach Parking Authority • Page 2 - Huntington Beach Parking Authority - 7/15/91 ATTEST: Secretary • I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington Beach Parking Authority," prior to 7:00 P.M. on Friday, July 12, 1991 . Chairman, Huntington Beach Parking Authority (Parking Authority) SOUTH BEACH PARKING IMPROVEMENT AREA CONCEPTUAL PLAN - APPROVED - PURKISS-ROSE & ASSOC. (600.10) The City Clerk presented a communication from the Community Services Director regarding the need to appropriate Parking Authority Funds to have the city' s contract landscape architect prepare conceptual plans for review by the South Beach Parking Improvement Area Task Force, Community Services Commission and City Council . A motion was made by MacAllister, seconded by Kelly, to approve an expenditure not to exceed $37,000 from Parking Authority fund balance for Purkiss-Rose & Associates to prepare conceptual plans for the South Beach Parking Improvement Area. The motion carried by the following roll call vote: • AYES: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None ADJOURNMENT HUNTINGTON BEACH PARKING AUTHORITY The Chairman adjourned the special meeting of the Huntington Beach Parking Authority. Secretary ATTEST: Secretary. Chairman • • MINUTES HUNTINGTON BEACH PARKING AUTHORITY Council Chamber, Civic Center Huntington Beach, California Tuesday, September 3, 1991 A videotape recording of this meeting is on file in the City Clerk' s Office. Chairman Green called the special meeting of the Huntington Beach Parking Authority of the City of Huntington Beach to order at 7 p.m. HUNTINGTON BEACH PARKING AUTHORITY ROLL CALL PRESENT: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson ABSENT: None The Secretary was directed to read the Call for the special meeting. CALL FOR SPECIAL MEETING OF • HUNTINGTON BEACH PARKING AUTHORITY Peter Green, Chairman Don MacAllister, Director Grace Winchell , Director Jim Silva, Director Jack Kelly, Director Earle Robitaille, Director Linda Moulton-Patterson, Director Gentlemen: --_ You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 7:00 P.M. on Tuesday, September 3, 1991 for the purpose of considering an appropriation of $7,400 for the installation of gates, traffic vaults, warning signs and stanchions at the two new bluff top metered parking lots along Pacific Coast Highway. Dated: August 22, 1991 Chairman, Huntington Beach Parking • Authority Page 2 - Huntington Beach Parking Authority Minutes - 9/3/91 ATTEST: Secretary • I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington Beach Parking Authority," prior to 7:00 P.M. on Friday, August 30, 1991 . Chairman, Huntington Beach Parking Authority (Parking Authority) BLUFF TOP PARKING LOTS - APPROPRIATION OF FUNDS - APPROVED (560.35) The City Clerk presented a communication from the Community Services Director regarding the need to provide gates, traffic vaults, warning signs and stanchions at the two new bluff top metered parking lots along Pacific Coast Highway. In answer to Councilmember Winchell ' s inquiry, the Community Services Director stated the gates would be open from dawn to midnight. In answer to Councilmember Robitaille' s inquiry, the Police Chief stated that the increased patrols had helped not only to curb vandalism but also to respond to calls complaining of juveniles using the parking lot for drinking. • alcoholic beverages. A motion was made by Kelly, seconded by Green, to approve appropriation of $7,400 for the installation of two gates, four traffic vaults and two warning signs and stanchions at the bluff top parking lots. The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None ADJOURNMENT HUNTINGTON BEACH PARKING AUTHORITY The Chairman adjourned the special meeting of the Huntington Beach Parking Authority. Secretary ATTEST: • Secretary Chairman Rev . Mi ke Foe l lC 1 E E`EN Community Bible Ct-Z dh • 401 Sixth S 'elf` !• ii.�4LIF. Huntington �ea�h Ca . 92648 T :i SS A en Mayor Peter Green J 2600 Main Street Huntington Beach , Ca . 92648 Dear Mayor Green and City Council : I represent the congregation of the Community Bible Church on the corner of Sixth and Orange Streets . We Oppose the extended hours requested in the revision of Conditional Use Permit . for Niccole 's Restaurante for the following reasons: 1 ) Parking is already a problem and the extended use will increase this problem for those living nearby. '2 ) The noise level and increased hoursof noise would be increased not only inside. the restaurant but outside , 1_.:.,- most particularly . 3 ) We do not wish to see any more establishments in this • area that will be encouraging drinking until 2 a .m . and then driving home after . having extended their alcohol consumption well beyond mealtime . 4 ) Finally , 'a nightclub atmosphere is not - appropriate for this area which is mixed use with residences , 'church , and ' commercial until 10 p .m . currently existing . Thank you for your consideration in this matter . Sincerely , Mike Foell CC: Mike Uberaga . Ray Silver .Mike Adams Howard Zeleski • ',E CEi E0 ef - t lJ _ t 'Z71 4(zo.40 lJ 15 JE" "1J l `��'i"(L (i't' CvuvCZ L,{ O'L w" RICHARD J. APRAHAMIAN _ A P R A H A M I A N D U C O T E - TELEPHONE HAROLD A. DUCOTE, JR. A PROFESSIONAL CORPORATION 14) 752-5005 JAMES M.KAMMAN LAWYERS TELECOPIER THOMAS E. STEPP, JR DIRK O. JULANDER SUITE 1150 - ';4) 752-5,020 AVARELLE SILVER-WESTRICK 4675 MACARTHUR COURT =:(? FILE NUM9ER MARK D. ALPERT _ NEWPORT BEACH, CALIFORNIA.92660 STEVEN T. ANAPOELL 4055-201 October 2 , 1991 Delivered by Courier E C �'' IT V E'Conforming Copy by Mail �� Mr. Mike Adams Huntington Beach Planning Commission _ Department of Community Development coa,InFuvrry c._,- :_o;- =.;:a 2000 Main Street, 3rd Floor Huntington Beach, California 92648 Re: APPEAL OF REVISION TO CONDITIONAL USE PERMIT NO. 90-50 Dear Mr. Adams: On Monday, September 30, 1991, I had an appointment scheduled with you to discuss the appeal of Gus Zisakis c.ontestirvg the revisions to Conditional Use Permit ("C.U.P. ") 'Qo. 90-510, as approved by the Huntington Beach Planning Commission on July 2 , 1991. As you will have surmised, I represent the appellant in this matter. My appointment with you was scheduled for 11 : 00 a. m. I was prompt in my attendance, neither early or late. When I arrived and called at the third floor reception desk, I was told you were in a meeting, but that I could wait. I waited for 30 minutes and left. I left several business cards, and asked that you contact me by telephone. I have not been favored with a return telephone call . While I recognize that meetings can be scheduled at inconvenient times, and all of our schedules are subject to unforeseen difficulties, I believe it is important for Tl:s to communicate concerning the above matter. I have examined several aspects of the proposed revision to C.U.P. 90-50. As you know, C.U.P. 90-50 was a revision to C.U. P. 89-50. The applicant, Niccole's Restaurant, is located in District 6 of the Downtown Specific Planning Area. In examining the file on this matter, the application appears deficient, for the following reasons: 1. Original use may be Abandoned. It is my understanding that when a property in the Downtown Specific Planning Area is vacant, and a use for which a C.U.P. has been issued ceases for a period of six (6) months or more, any use of the property may be commenced only after a new C.U.P. has been applied for. This has not, to the knowledge of the Mr. Mike Adams October 2, 1991 Page Two undersigned, been considered in the case of C.U.P. 89-50 and C. U. P. 90-50. If the Villa Sweden had abandoned its use of the premises for six (6) months or more, as it appears to have, then the Ientire chain of C.U.P. Is on Niccole' s Restaurant would be invalid. 2 . Violation of Conditions of C.U. P. 90-50. It is the understanding of the undersigned that one of the conditions of C.U.P. 89-50 and C.U. P. 90-50 was that the restaurant would operate only until 10: 00 p.m. in the evenings, and would close on Mondays. Unless I misunderstand their testimony, the applicant(s) , at the July 2 , 1991, hearing informed the Planning Commission that they were operating seven (7 ) days a week until 1: 00 a.m. This would appear to be in clear violation of the presently authorized hours. Given that applicants) have not operated within the guidelines of their presently authorized C.U. P. , there is no basis on which the public, i.n particular adjoining residents, can be assured that the applicants *M•ill act in observance of other conditions benefiting other members of the public. 3 . Violation of Downtown Specific Plan. As you are likewise aware, Niccole' s Restaurant is located in District 6 of the Downtown Specific Plan. Caba._ets are not authorized in District 6. Likewise, live entertainment as a primary or accessory use is not permitted in District 6. Moreover, dancing and dance halls are not permitted in District 6 . While these uses are authorized in other districts of the Downtown Specific Plan Area, such is not the case in District 6 . Variances are not permitted in the downtown specific plan without formal variance procedures being observed, im this case, requiring amendment to the downtown specific plan. Amendment of the plan is, of course, subject to the approval of the Coastal Commission. Neither procedure has been observed in this case, and it would appear, therefore, the amendments to C.U.P. 89-50 cannot proceed until both the variance in use and the Coastal Commission' s approval have been obtained. 4 . Deficiencies in Staff Studies. It would appear that there are two significant areas which have not been considered by staff in their report and recommendation on the amendment to C.U. P. 90-50 (or 89-50) . First with dancing until 1: 00 a.m. or 2 : 00 a.m. , the need for parking will increase. Parking in the immediate area has been a problem Mr. Mike Adams October 2 , 1991 Page Three in the past. It cannot be determined that additional parking needs have been addressed by staff. Secondly, the addition of more musical instruments will cause the acoustical "loading" of the premises while in operation to increase. No study or analysis supports compliance with the Huntington Beach noise ordinance. 5. Planning Commission Studies. The Planning Commission, in' its approval of the amendment to C.U.P. 90-50, on July 30, 1991, required studies to be conducted at the end of six (6) months. The areas to be studied are: Alley Conditions Site Maintenance Noise Transmission Employee Parking Employee Monitoring Hours of Operation Live Entertainment Limitation of the Dance Area None of these areas have been studied by Staff. Logically, it would seem these conditions should be addressed in advance of the amendments approval, rather than later, when the amendment has become a Fait d'acompli. 6. Proximity of Residences. The restaurant is located within feet, not yards, of residents ' apartments. Surely, 10: 00 p.m. is late enough to subject them to noise, on any day. Staff does not appear to have taken the interests of residents into account at all. 7 . Improper Notice. There are numerous residences within 300 feet of the subject premises, including condominium units across the stre-at. None of these property owners appear to have been notified of the application, rendering it legally ineffective, even if approved. Mr. Mike Adams October 2 , 1991 Page Four In summary, I had hoped, given an opportunity to meet with you, to address these problems and to attempt to workout some compromise to obviate these concerns. However, if the present amendment proceeds and the appeal is denied by City Counsel, I have been instructed to proceed to seek a Writ of Mandate to void both C.U.P. Is, and to seek damages against the City for my client's interim loss of income. I am available, at your convenience, on Thursday, October 3 , 1991, to meet with you to discuss these matters. I hope to havo that opportunity.- Very truly yours, APRAHAMIAN & DUCOTE, P.C. Harold A. Ducote, Jr. HAD:dlf cc: Ms. Gail Hutton, Esq. Ms. Sarah Lazaris, Esq. Mr. Gus Zisakis 'RETURN' to exit , 'N' f'Dr note" 'P' for page 2; _ P/// �,q d - 12:54:20 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 05:3 LOC: 520 MAIN ST-HB AT: RD: 451 'BI': 2 BLOC: NICCOLES ITALIAN REST LOC PHN: 9608793 ALM1t: CRO881 : 556 ACACIA AV-HB CROU2: 698 6TH ST-HB HAZ: RP: PANIQUE,DUSTIN AD: PH: 9E08091 TYPE: 415-DISTURBING THE PEACE PRI : 2 RECD: 17:00:43 DISP: 17:02:59 UNIT: 2C3 BAXUP: 2D3 LOC#2: DR: NUM: 0 CH: 0100612 DISPO: PAWL SUBJS TO THE FRONT DRINKING CrN THE STREET (JSK) 17;01:1t5 ;! THREW BEER )IN THE RESTAURANT (JSK) ' ' 17:0.I:12 ' 12 BUBJS (JSK.) 17:01:I5 * ONE MALE IRATE. , n 11/LARGE STOMACH/WRG DK (J8K)_ i . GLASSES/WHI MUSTACHE (JD,) 17:U2.:12 WRG WHITE 8HIRT AND ERN TAN PANTS AND COWBQY BO43T9 AND BELT (J811) � 17:02:32'- V.5 !� 'RETURN' to ease 2: .. t IT :.a 12149: 11 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 053 i, - • LdC! fill 6TH 8T-HB AT: 4 ED: 451 BT: 6 ;bLnO! LOC PHN: ALM#:. 1 506 MAIhT-HB CROS82: 600 ACACIA AV-HB ,NILLIAM•LEE AD: 511 6TH BT APT 4 PH: 969 9022 ,9`YPE1 930 REF 586 PI:3 RECD; 17:20:01 DISP: 17:27:46 1(1N I'C:56 BACKUP: ��j LOCl121 NUM: 0 CN: 1077622 DISPO: NC VEHS PARKED BY THE RESTAURANT—LAST NIGHT THERE WAS A PLANNING (PMC) 17:21:16 '#,, 'COMMISSION MTG AND THEY STATED THEY WERE NOT SUPPOSED TO PARK AT (PMC) 17 21!52 ! ' LOC. . .AGREED TO PARK IN PKG LOT BUT NOT USING IT (PMC) 1722: 14 ARE PARKED ON A SIDE STREET BY THE RESTAURANT (PMC) :232- a.. VEHS ARE AT 6TH/PCH (PMC) 17:24140 PXi Response area is 5 17:27:46- .j . � t f a RETURN' t•c. exit, 11,11 fr eta-, 'P' for )rage 2: 12:51 :29 10 JUL 1991 REQUESTED SCREEN PRINT FROM FORT 053 1,;;;' LOC; 611 6TH ST-HB AT: RD: 451 BT: 2 BLDG: 1.W, PHN; ALMS: h,i CROSSI : 506 PIAIN ST-HB CROS^a2: 600 ACACIA AV-HFl +•",f HAZ: RP; r..HAFWER,CHERI AD: PH: 9699616 ►' h� i TYPE: 415-DISTURBING THE PEACE PRI : 2 RECD: .,•_;,:.57 DISF: a:29:43 UNIT: 2A3 13AQKUP: N t3E� G&: NUN: 0 ON: 0107217 .GISPO: PAWC, NICHOLES RESTAURANT (KNS) RP SAYS THAT NEW RESTAURANT'AT 6TH AND MAIN (KNS) 23:23;39 ['�) IS ENTIRELY TO LOUD ?.3:'24:n , , ,THE DISTURBANCE Ia AT THE (KNS) g c•;)BACK DOOR OF THE RESTAURANT (KNa) P.D. Rem ris 223:2S:lfi' '' 1� a sre� is 23:29;43 cl .0 'RETURN' to e:<i t, IN, for notes, .'P' for G�+ge 2: I2:50:57 10 JUL 1991 REQUESTED SCREEN PRINT FROM PORT 053 AT: 1 RD: 451 BT: 2 LOC: 611 6TH ST-HB ALM#: LOC PHN; 8GD0: -: CROSSi: 506 N ST—HB C:ROSB2: 600 ACACIA AV—HB Nl`I HAZ1 PH: 9699616 a RP: CHAFER, CHEPI AD: SAME TYPE: 931�SEE T�{E WOMAN PRI : 3 RECD: 23:40.:05 DISP: 00:58:23 UNIT: 4D3 BACKUP: 2453 LOC#2: DR: NiJM: U rN: 0113914 D I SPO: PAWC RP STATED THAT SHE LIVES ABOVE THE GLASS SHOP AND WANTS TO (DAH) 23:41:57 TALK TO OFCR ABOUT THE NOISE COMING FROM THE BUSINESS NEXT (DAH) 23:42.120' TO HER, , , (DAH) 23:42:27 00:58:23 P.D. Re3pe:,nae area is 2 ';s �rn RECEFYEQ CITY CLERK L!TY Or LIF. JUL 52 �i'► ¢�1 APPEAL TO THE HUNTINGTON BEACH CITY COUNCIL FROM AN ACTION TAKEN BY THE HUNTINGTON BEACH PLANNING COMMISSION Re: Regarding the matter of Revision of Conditional Use Permit No. 90-50 to expand hours of operation and expand live entertainment and add a dance floor to Nicolle's Ristorante located at 520 Main Street, Huntington Beach, California. ISSUES: Expand Hours of Operation The proposed revisions will be detrimental to property values and rents in the area. Tenants have relocated as a direct result of the hours of operation and rental units stand unoccupied without future prospects for occupancy as a further direct result of the hours of operation. Expand Live Entertainment The proposed revisions will be detrimental to the general welfare of the persons residing in the area. This is the southern boarder of a long established residential area with homeowners and tenants accustomed to an established life style of peace and tranquility. Traffic and Parking Problems The proposed revisions will exacerbate current traffic and parking problems for homeowners and tenants. When the applicants business is in operation there is no street parking available for homeowners and tenants. Employees of the applicants business are forbidden from parking in the applicants designated parking lot and the owners refuse to do so. The applicant does not take reasonable measures to direct his clientele to park in the designated parking lot with the result being no street parking available for local residents. When local residents have parked in the applicants lot they have been subject to tow. [See photos 5 & 6 (9: 30 AM) and photos 7 & 8 ( 8:00 PM) taken Monday July 1 , 1991 . 1 Page 2 ISSUES: (cont. ) Land Use and Health Code Violations Presently there are reports to the Planning Commission for land use violations and reports to the Orange County Health Department for violations of the Health Code. These reports are currently under investigation. [See photos 1 , 2, 31 & 4. 1 Huntington Beach Liability The applicants employees clean the kitchen and sweep dirty, soapy, oily water with food remains into the street across a public sidewalk daily which results in the reduction of the coefficient of friction of the sidewalk so as to create a hazard to the general public and a potential liability to the City of Huntington Beach. [See photo 3. 1 Alley Conditions, Employee Conduct & Site Maintenance The applicants employees take work breaks in the alley between their work place and local resident homes creating loud noise, vulgar language and unacceptable public behavior. The result is unsightly maintenance of the area surrounding the applicants premises on the alley side which is contributed to by garbage dumpsters being left open creating foul smells and f lys. General The applicant has demonstrated arrogance when presented with these issues previously and generally fails to be a good neighbor in the local community. RESOLUTION Deny Revision to Conditional Use Permit No. 90-50 and establish a six month review by the Planning Commission to monitor alley conditions, site maintenance, noise transmission, employee parking, and employee conduct, subject to revocation of Conditional Use Permit No. 90-50 for noncompliance with the above conditions. Ill /rolol� .� ZCFIVED 15TORANTE MA`S May 08 , 1991 Dept,of comm.�eve`�oGment Nr . Hal Simmons Senior Pl.ann-� Department of Community Development Huntington beach , CA 92648 Dear Mr . Simmons : Recently , NICCOLE ' S RISTORANTE applied for a "Conditional Use Permit" to allow live entertainment with a piano . We received approval for the permit on December 07 , 1990 . We now wish to amend the "Conditional Use Permit" to include a piano with musical accompaniment and dancing . The dance floor will be in the area between the piano and the balcony . We would also like to extend the hours allowed for entertain- ment until 2 : 00 A.M . The City of Huntington Beach is in the midst of a complete renaissance . NICCOLE ' S RISTORANTE is an upscale dining establishment offering the finest in Italian Cuisine . We wish to complement this fine dining experience by offering our patrons entertainment of the same fine quality . Sincerely , Michael W. iccole , Owner 520 Main St., Huntington Beach California 92648 (714) 960-8091 I i i NICCOLE'S RISTORANTE v � - f I i ' P�crk rac wuvi.E�y \V I \ s 4-I 2 v / 17 RECEIVED JUN 19 i99i r-^zwr, try tA7aUr &-�4vzot,�s R15'(oe4.4s 4� - Dept,of Co: m.Development "NYlo1.E I F c c C. l G �--Goo ca ILI lQDV �y 7117 Fill E C E V E D JUN 1 9 1991 b 3 . The access to and parking for the proposed liquor store create an undue traffic problem. ' 4 . The proposed liquor store will not adversely aff "e General Plan. CONDITIONS F APPROVAL - CONDITIONAL E PER �go ' 1 . The site plan and floor plan dated ed and September 27, 1990 shall be the approved layou 2 . Hours of operation shall be• Sunday - Thursday 7 : 00 AM to 10 : 00 PM Friday - Saturday 7 : 00 AM to 11 : 00 PM 3 . Tenant improve all comply with all applicable provisions of the Ordi ode, Building Division, and Fire Department . 4 . All bu' spoils , such as unusable lumber, wire, pipe, and oth us or unusable material , shall be disposed of at an o facility equipped to handle them. ePlanning Commission reserves the right to revoke Conditional Use Permit No . 90-58 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . B-4 CONDITIONAL USE PERMIT N0, 90-50/SPECIAL SIGN PERMIT N0, 90-8 : APPLICANT: ROBERT MICHEILSEN LOCATION: 520 Main Street - Niccoles Restaurant ' Conditional Use Permit No . 90-50 is a request to establish live piano entertainment in the existing Niccole ' s Restaurant located at 520 Main Street . Special Sign Permit No . 90-8 is a request to per an exposed raceway and cabinet sign on the main restaurant building and change of copy to an existing off-site freestanding sign pursuant to Article 961, Sign Code, of the Huntington Beach Ordinance Code and the Downtown Design Guidelines . THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the overall design plan for the signs downtown and if the approval of this would set a precedence . Staff explained that the use of any sign will be dictated by the needs of the building . PC Minutes - 12/4/90 -8- (8044d) A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 90-50 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL- USE PERMIT N0, 90-50 : 1 . The live piano entertainment will not be detrimental to the general welfare of persons residing in the vicinity. 2 . The live entertainment will not be detrimental to property value and improvements in the neighborhood. 3 . The proposed live entertainment will not create an undue traffic problem. 4 . The granting of Conditional Use Permit No . 90-50 for live piano entertainment will not adversely affect the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-50 : 1. The site plan and floor plans dated received November 20, 1990 shall be the approved layout . 2 . Live entertainment shall be restricted to one (1) piano . 3 . Hours of operation shall be: Monday Closed Tuesday-Friday Lunch 11 : 30 AM to 2 : 00 PM Dinner 5 : 00 PM to 10 : 00 PM Saturday Dinner only 5 : 00 PM to 10 : 00 PM A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE SPECIAL SIGN PERMIT NO. 90-8 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 12/4/90 -9- (8044d) RCA - ROUTING SHEET/CHECKLIST WHITE - REMAINS WITH RCA GREEN - ADMINISTRATIOR COPY CANARY - CITY ATTORNEY'S COPY PINK - CITY CLERK'S COPY GOLD - DEPARTMENT COPY INITIATING DEPARTMENT 4!�>MMU U T`f T)E�4 j hpW ATE-1 2 1-j 9 SUBJECT APPF�L l� MEETING DATE LO-7-�}� AGENDA DEADLINE (TO ADMINISTRATION) YES NO .PUBLIC NOTICE [ ] [ ] PUBLICATION DATE LEGAL DEPARTMENT(With Exhibits) Date. In Date Out INITIATING DEPARTMENT REVIEW/CHECKLIST YES NO N/A Ordinance ( .] Exhibit 1 'Resolution [. ] Exhibit 2 Signed Contract [ ] . Exhibit 3 signed Agreement [ ] Exhibit 4 Neg-. Dec/EIR Insurance Required Additional [ ] Exhibits Nbr. Bonds Required Financial Impact Statement (Unbudgeted Items over $1,000). RCA - City Council [ ] [ ] RCA - Redevelopment Agency INITIATING DEPARTMENT APPROVAL BY: [ ] ADMINISTRATION REVIEW [ ] CITY CLERK FOR AGENDA COMMENTS: STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of Cafifomia, and that attached Notice is a true and complete copy as was printed and published in PUBLIC NOTICE REQUEST: Appeal to the Huntington Beach and Fountain Valle revislon`to Conditional+ g y NOTICE OF. Use Permit No. 90.58 issues of said newspaper to wit the issue(s) of: PUBLIC.HEARING to�expand five enter- �APPEALTO' to -to, Include REVISION OF musical accompani• CONDITIONAL USE,` ment_`t'a an. existing PERflh1T NO. :plano,`�'a I Informal September 25., 19M 90.50 dancing area and ex• (Expand live . tend hours of opera• entertainment, tion to`2i00 AM. add dance area E N.V I R'O N M E N T A L and extend STATUS: Categorically) hoursto 2 AM.) exempt` pursuant to NOTICEf IS HEREBY Sectlo'n A1.S301,,,Class GIVEN that' the Hun 1 . of the`California tn. tingtonBeach City l vlronmental Quality ;Councll.wlh hold a pub•i !Act:' IIc:HearIng In the Cou`n• C*OASTA -- STATUS-` oil Chamber at -the' The proposed revislori Huntington Beach Is ` exempt from, a Civic Center, 2000! Coastal'.",Developent Maln Street,—Hun Permit`:pursuant .to tington Beach,Califor 1 Section,-989 i 5.1t af.the nla,-on statements of Huntington Beach -Or- all persons who,wish dinance Code: to be heard.relative'to ON -FILE: A copy 'Of the appllcatlon de• the appeal Is,on file in scribed.below. the City Clerk's Office, DATEITIME: Monday, 2000 Main Street,Hun• lOctober7, 1991, 7:00.' tington Beach,-Cailfor- I declare, under penalty of perjury, that the PM` ; n1a.92648; for inspec- ' APPLICATION NUM• tlon by the public. foregoing Is true and correct. BER: Revision to Con- ALL INTERESTED �ditional Use Permit No: PERSONS .are Invited 90.50 to attend said fearing APPELLANT: Gus and:-express opinions Executed on September 26, , 1991 Zisakls or submit-evidence for at Costa Mesa, California. APPLICANT: Michael or against th'W-60peal Niccole as outilned ,abov'e. If LOCATION: Main there.are any..further 910017 Street'- Niccole's Res• questions. please call taurant_ Robert:'Franklin, As• ZOINE: Downtown s.ociete :Planner at Signature Specific Plan . District 536-5271 - 6 _ Connie Brockway; City Clerk.; , `PublIShed Huntington, -Beach ,,Independent' Sep. tember 26 1991 ., .t acu__as F 094.623� �I PROOF OF PUBLICATION �I. 25 FILE GUIDE Please file this document in: ..Category: Label :. Established file New file - see Other: 0846I 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 9, 1991 Michael Niccole Nicolle's Ristorante 520 Main Street Huntington Beach, CA 92648 Dear Mr. Niccole: The City Council approved. the request of the appellant and opened and continued the public hearing on the appeal filed to C.U.P. 90-50 to. Monday, October 21, . 1991 at 7:00 p.m. in the Council Chamber. Sincerely, Connie Brockway, CMC City Clerk CC: ' Gus Zi saki s 16951 Mt. Collins Fountain Valley, CA 927U8 (Telephone:7 7 45 36-5227) RECEIVED CITY CLERK CITY OF HI1N7ffii;TiiljF,ALIF. OCT 3 28 7-- October 3, 1991 - of 04'6z'911w Dear City Council: RE: Appeal of C.U.P. 90-50 To be held 10/07/91 Mere has been a death in:my. immediate family and the funeral is being held on Monday, October 7, 1991, in Arkansas. It is neccessary for my wife and I to attend and it would be an extreme hardship for us to be at the council meeting to testify the same night. Therefore, I respectfully request that the date of the hearing on C.U.P. 90-50 be delayed to the very next council meeting on 10/21/91. If neccessary I will pay the cost of readvertising this item. Thank you very much. Gus Zisakis I NOTICE OF PUBLIC HEARING APPEAL TO REVISION OF CONDITIONAL USE PERMIT NO. 90-50 (Expand live entertainment, add dance area and extend hours to 2 AM. ) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, October 7, 1991, 7: 00 PM APPLICATION NUMBER: Revision to Conditional Use Permit No. 90-50 APPELLANT: Gus Zisakis APPLICANT: Michael Niccole LOCATION: 520 Main Street - Niccole' s Restaurant ZONE: Downtown Specific Plan - District 6 REOUEST: Appeal to revision to Conditional Use Permit No. 90-58 to expand live entertainment to include musical accompaniment to an existing piano, add informal dancing area and extend hours of operation to 2 : 00 AM. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: The proposed revision is exempt from a Coastal Development Permit pursuant to Section 989 . 5.2 of the Huntington Beach Ordinance Code. ON FILE: A copy of the appeal is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. I ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the appeal as - outlined above. If there are any further questions please call Robert Franklin, Associate Planner at 536-5271 . Connie Brockway City Clerk (0692d) Connie Brockway,City Clerk �N�i'o,�. ^y% <--�-��� _, '�• City of Huntington Beach P D r rl t�T r�� ac�� G _,1f•S.POSTACK�f'y.`jam`{* Office of the City Clerk PRESORT V F1 1 (z SEP26 51 G P.O.Box 190 FIRST CLASS I�1AIt ` ` - 1 . y R Huntington Beach,CA 92648 CA S M E T F R ' r a 024-172-11 Hertha L. Qacklund CIS 27051 Hidden Trail Rd. 4��NtINGtpy� Laguna Hills CA 92653 Q `NcoeroA� ,c � o To C 6 1) 1909. Q FppUN Y T_ LEGAL NOTICE - PUBLIC HEARING Y 1 NOTICE OF PUBLIC HEARING APPEAL TO REVISON OF CONDITIONAL USE PERMIT NO. 90-50 (Expand live entertainment, add dance area and extend hours to 2 AM. ) NOTICE IS HE EBY GIVEN that the Huntington Beach City Council will hold a public earing in the Council Chamber at the Huntington Beach Civic Center, 00 Main Street, Huntington Beach, California, on the date and at the ime indicated below to receive and consider the statements of all persons who wish to be heard relative to the application descri ed below. DATE/TIME: Monday, October 7, 1991, 7: 00 PM APPLICATION NUMBER: R vision to Conditional Use Permit No . 90-50 APPELLANT: Gus Zisakis APPLICANT: Michael Niccol LOCATION: 520 Main Street Niccole' s Restaurant ZONE: Downtown Specific lan - District 6 REOUEST: Appeal to revision t Conditional Use Permit No. 90-58 to expand live enter t inment to include musical accompaniment to an a ' sting piano, add informal dancing area and exten hours of operation to 2 : 00 AM. ENVIRONMENTAL STATUS: Categorically xempt pursuant to Section 15301, Class 1 f the California Environmental Q lity Act. COASTAL STATUS: The proposed revi ' on is exempt from a Coastal Developmen Permit pursuant to Section 989 . 5 .2 of a Huntington Beach Ordinance Code. ON FILE: A copy of the appeal is on file in t e City Clerk' s Office, 2000 Main Street, Huntington each, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said aring and express opinions or submit evidence for or against a appeal as outlined above. If there are any further questions lease call Robert Franklin, Associate Planner at 536-5271. Connie Brockway City Clerk (0692d) � ♦d �. 2a`13 INS YAP WAS PREPARED FOR ORANGE - y AC!4LYA AVEA COUM ASSESSOR DEPT.Pt l*WS(plLy THE ASSESSOR MAKES NO GUARANTEE AS TO •+ OS ACCURACY NOR ASSU'AES Am paw AAaw \ IS --- FOR OTHER USES.NOT TO BE REPRQDl10EA, ' { -- ♦ RIG 17 0 HIS RESERVED. ALL COi'YttIGHT ORANGE COUNIY jam 19 ` ASSESSOR OW-,v rov Ter "z ♦ ►. � 20 12 21 K •. -506 : I35 : 6 BLK. .�05 a• E b �q ♦ 1 � a ... •. 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O >. + 210 NO 130/7 y; � BLK. 50,3 � 71• /J• s LAKE STREET v W c0 r,1 • ,• 1 a I ' 1 la• u' is• 1 1 1�. u.r I �11 2 20 22 OS0 7 ' 8O 9 •( I 1 2 4 ' � O Q 1 I 21 23 n l- I- 1 . . ° 3 S 1 V I..1• " I 2 3 1 1 1 J t !! !J !! ! ?l ?J ?!• ?, H /! I ? 7 J ! !l !J !!JV1I IS :J'?, ,i P P WAS PREPARED FOR ORANGE !si Js154-1 r. !1112 1 J. ul is 14•al s; s 4� I 1 •I nl `, ? AN•1 E . M 'ASSESSOR DEPT.PURPOSES ONLY r.N .. I .. .rl .. 1? gel 1 '1 3�1 G s. o•n!t q , Z w s 1 ;ESSOR MAKES NO GUARANTEE AS 10 ' 1 /• >TP _ !•. 1 �- 1+''I 1 URACY NOR ASSUMES ANY LtABILDY l 10 1 11 1612IpIER USES.NOT TO BE REPRODUCED. ' 1 1 1 ! 1 I w �µ•• � I I ItI 0S RESERVED. i l i i i a RIGHT ORANGE COUNTY ASSESSOR 1990 rb ,a .. 4. r 9 C�/ MAIN STREET MAIM SI 00 13 S N01E ASSESSORS BIOCK, s•• .ISSESS(,►S A�Aa _ PAPCEI NUMBERS ., ROOK Z4•+PAf.F lT ~ MARCH /94B NUNTr/GTON BEACH,MA/HST S£C MM 3-43 TRACT NO/TO/7 MU 5B9-49,50 SW� WN IN CIRCIES COUNI1' Of WIN TRACT CUP 90-49 ADDRESSES (1055D) 2ita Sadako Richardson Peter J. Ryan Harry L. Rubin 415 Townsquare #301 415 Townsquare #101 12300-10 Montecito Rd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Seal Beach, CA 90740 Peter C. Harmais David Chavez j Kimon Haramis i Matallana Voigt 415 Townsquare #103 i 415 Townsquare #104 415 Townsquare #105 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Julie Migliaccio ; Jeffrey Koegel James M. Horist Andrew Migliaccio Jeri Koegel Jody L. Horist 415 Townsquare #106 415 Townsquare #107 415 Townsquare #109 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Arthur & Brenda Coopman Robert P. Castro Gregory & Laura Carrow Bernadine Smith Mildred A. Castro Joseph & Yonda Carrow 415 Townsquare #110 415 Townsquare #111 415 Townsquare #112 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Yogesh Parikh Joseph D. Robertson Edward S. Brown Bharti & Mihir Parikh 415 Townsquare.#113 415 Townsquare #114 415 Townsquare #122 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 John L. Hooker Gilbert & Julie Jones 415 Townsquare Ln. #211 Thomas Jones Lynn Tetrault Huntington Beach, CA 92648 415 Townsquare #124 3117 Jefferson Ave. Huntington Beach, CA 92648 Costa mesa, CA 92626 Phillip James Gallagher Jerry Nuzzo Sharon Jean Tetrault Kristie D. Gallagher Erin Warde 415 Townsquare #126 415 Townsquare #127 415 Townsquare #201 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Alan & Barbara Schwartz Robert Lacy Susan Schwartz Inger Jurs Leonard Zemaitis 415 Townsquare #202 415 Townsquare #203 415 Townsquare #204 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 :obert Delmonte Dennis K. & Dana L. Sata •onja Jurs ' Timothy O.Brien Linda Rudolph * Ron Sata 15 Townsquare #205 415 Townsquare #206 415 Townsquare #207 iuntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 toger A. Hiles William 1. Freck -lizabeth S. Hiles 9464 S. Henderson Way Mark Miller 15 Townsquare #208 Villa Park, CA 92667 415 Townsquare #210 Juntington Beach, CA 92648 Huntington Beach, CA 92648 Jerald Vance Holombo Gary L. Wilkinson Fred L. Shafer 201 Thatcher Lane ; Susan Wilkinson 8262 Snowbird Dr. roster City, CA 94404 415 Townsquare #212 Huntington Beach, CA 92646 Huntington Beach, CA 92648 Gregory & Margery Ziemba Rita Sadako Richardson ; Robert Briggs Robert & Margaret Prichard 415 Townsquare Lane #301 C/O Calif Style Real Estate 415 Townsquare #214 Huntington Beach, CA 92648 19142—AA Beach Blvd. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Paul Liguori Keith B. Bohr* Nicholas & Anna Mae Liguori Franco Galanti Brian Olsan 415 Townsquare #217 19 Lark Field 415 Townsquare #219 Huntington Beach, CA 92648 Laguna Niguel, CA 92677 Huntington Beach, CA 92648 Mathew A. Harty Joe Weber Burnett Lawrence D. Harty 415 Townsquare #220 415 Townsquare #221 415 Townsquare #222 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Michael & Robert Hagemister Robert Bruce Mark E. Lohrbach Tamlyn Lybeck Susan Bruce 415 Townsquare #223 415 Townsquare #224 415 Townsquare #225 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Deborah L. Kessler Alan H. Kessler Daniel & Janet Bradley Steven A. Sarja 415 Townsquare #226 415 Townsquare #227 415 Townsquare #302 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Norman Branyan Peter Paxson Michael P. Delaney Tsarina 1. Branyan Alberta Paxson 415 Townsquare #303 415 Townsquare #304 415 Townsquare #305 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Huntington Beach, CA 92648 Lee S. Burke Lyra Michelson Karen D. Branton Kathleen Carreras 15 Townsquare #306 415 Townsquare #307 415 Townsquare #308 iuntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 ;urjit & Kawaljit Kalsi Susan B. Lavine Sabine Wromar 7202 Argo Cir. 415 Townsquare #310 415 Townsquare #312 iuntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 j Jeffrey Horton T Jerry S. Kaufman - Eleanor Michelson ' Kathleen A. Horton j Diana R. Kaufman 415 Townsquare #313 415 Townsquare #314 j 415 Townsquare #315 .4untington Beach, CA 92648 ; Huntington Beach, CA 92648 i Huntington Beach, CA 92648 Shelley L. Johnson Robert H. Morris !-Curtis D. Platt 415 Townsquare #315 415 Townsquare #317 415 Townsquare #318 Huntington Beach, CA 92648 Huntington Beach, CA 92648 j Huntington Beach, CA 92648 Sante Campanile Ted Szuba Leslie Pinchuk Karyl Campanile i Carol Szuba Judy Pinchuk 415 Townsquare #319 415 Townsquare #320 415 Townsquare #321 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Peter Crowley, Jr. - -- - Nancy T. Crowley. f Timothy N. Roberts ' David S. Coopman 415 Townsquare #322 18567 Callens Cir 415 Townsquare #324 Huntington Beach, CA 92648 Fountain Valley, CA 92708 Huntington Beach, CA 92648 i Simone R. Broderick Beverly Mendes Carlene L. Anderson 415 Townsquare #325 415 Townsquare #326 415.Townsquare #108 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Matthew B. Kaufman Robert Smith Cavic Branko 3710 S. Ramona 310 Lake St. #313 410 Main Street Santa Ana, CA 92707 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Mattie Heim 16392 E. Heim Avenue Orange, CA 92665 A F,I`I:: O'2'4- 1:i;: _..:�, e Af'I•d: 0 4'^ a33 �:'.7 AI=•I%I: 024--•133-•• 9 �1owra fciclt.tare I .c�rnrntui:i.ty rC)UJIl ;iicluare Mai, ker C(ammt.ua:i. ky I'I(:)l.a I)eve: a Cc)r1:) . 4699 ,: ain1.)c a (. 4fy��'�� ,7anala(areF;? I�(i. 4f.�'�'' -arnlrca("F;?E:? F�cl . I�IE7wl:)c:ar t Tceoac:h CA 92660 `I%IewI:)r.)r•t ric�< I—i CA {;a�'e''60 I' ?wlac)r-t I:eac:h CA 92,11)60 LA \ dK AI 'hl:: 0 4-•:I.;:3-•4U " ' AI"'hl 0.'4-•-17ti-•:L0 Af:'hl:: 024-•�1.73- 01. I•Ic)aa Devc• l ien't Cc)r•17 City oft - ng-ton Beach I••lunt:i.rag t(an _<. :: a (::(:)m1:)aray z-If.>'i 9 tj :)carF�E� Rd. 1=•. - :Dx�1.',�U I�'..(l» x 7f.�11. Ise c:)rl Beach CA -�i;660 _....___...._ "'•U11 ti.nga to)n Tic--.�a.c h• CA 'i).:64£3 S..><. n f rtan c:::l s cc) C,A �i�41.20 A1-'I,I:: 024 1.76-••:1.3 API-I:: 024-.:176-••14 Al-'hl:: Ul? 71-••09 Ci.'ty of Ih.u� t:i.ng l:vn L+c��3ch I••It.tn t:i.ng•ton Beach Cc:) I••lt.n t ' g tcan �;E a -I :. :) 00, 2000 I*la:i.n ri't. F'.0.. E((:)x 7611 F, IiiC)x 7,61. Fli.cn k:i.ng tt�n Ticaar.:la .L'A 9 f��4E3 13'an f7ianciisco C:A 941.20 :),an Franc si::(:) (:'A �i'41.�:'.O AF'I,h: 024•--:1.72-••07 AF'I,ls 024-••:1.72---06 AI'hlr. 0::'.4---:1.7rj tali l i.l:a I:i.<sakila Virgil E'. Dr'•ewister (:J.'t.y caff I-h.c rag tc)n Tceach Tu f•tis LanE:? j; 7922 Ave.. 1=•,.0.. 190 hlt.u• ti.ng-tri rich CA 92647 �; I••Iun-t:i.ngton Beach CA �i)2647 I-It.t a.racTtora Tceac:la (:A 9264£:3 jell � I 024--•1.72--0:1. ;rc:al-n•a F:. Knox �I Lec) D. Marchand :1.3472' 'T'ulane St. (� frOf.>O I*It.(!:>1a:'(J Ci'F?Eak. I;cl. WEa!st ad.nis'ter CA 92683 :I 1='a sc) IRobles CA 93446 Al-'I•I:: 024-••:1.7 -••05 I'. AI='I,l:: 024-••1.7 -•04' i V:i.rg i l I: Brewster l i Chr:i is,•tc. pher Craig i I 7922 1:iI:)t er— Ave. 529 Lake- St.. l..lt.tn•t:i.ng ton Beach CA 92647 i' Huntington Beach CA 92648 /4909 I Al'I,I.: 024--1.7 -..02- AF*1,1:: 0241-473-03 I Al='I,I. 0,24--l-.54-_01' ` Zlanaeis 'T•rav:i.is lTlc Beath I; Anna Rose 1--I(-)dal': � Jafne s Riley 1"*(:)x :1.W*f-2 2 Weistw:i.ndis Lane U.. 1041. 13Th St. 11.703 Eton Dr. FIun-t:i.ng•tan Iieac:h CA 92646 �! 1••lt.n t.i.ng•tc)n Beach CA 92640 I Grand Terrace CA 9 'A'4 024 :1.7 i-0 0 '4--1.-1,:>....04 Sup , .y (:)' • L.I •t.;i. c,T•t•.c:)• :ic:� . c:: .ecacw(:�:Lc:) �`d•aca r'ct:4J 1: a.n f't(:)L)c-:.i'..t J. h(:,(.tr•.,. 7 0:I. I,:i.r c::h S APN: 024-172-10 Anna Rose Hodak-. 1041 13Th St. Huntington Beach CA 92648 Ilk AP 24 Na 0 -172-12 APWv 024-135-0:1. APNP 024-134-P9�'-' City of Huntm . on Beach ;A City of Huntington Beach B. M. Ourkovich 2000 mc , at. 2000 Main St. 241 Argonhe Ave. on Hun tilgton Beach CA 92648 j Huntington Beach CA 92648 Long Beach CA 90803 024-172-03 024-172111 James T. -McBeath Al Hertha -L. Backlund 19522 Westwinds Lane 27051,Pidden Trail Rd. Huntington Beach CA 92646 ji Lagun Hills CA 92653 024-172-09 4 � 024-173-02 Treece, Darlene Executor of Gun Eun 17681- Helenbrook Lane Eula V. Higgins Huntington Beach, CA 92649 505 Lake St. Beach, CA 92648-4909 Connie Brockway,City Clerk a.'....�"�'""" '""'""""'.- c;itiq ._��- -::•:�.., City of Huntington Beach P R E S O R T 2 Office of the City Clerk �i ! s 6 91 P.O. Box 190 FIRST CLASS M� SLP2 Huntington Beach,CA 92648 CA F i 'C Q E r E 2 1 f 7Oi5. I, Jerry Nuzzo Erin Warde 415 Townsquare #201 Huntington Beach, CA 9264I1' 41INGTpy� i �`NCORiOR �O �A C-3 - _�._ NUZZU i MUNI LrT !j1WK55 9yG,F RfB'' g�Po_ \gyp ' CpUNTY C�` LEGAL NOTICE - PUBLIC HEARING I SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE 1. That, according to the last equalized "Assessment Roll" in the Office of the Orange County Tax Assessor a. The persons listed as "Assessed Owner" are shown on the assessment roll as owning real property within 300 feet of the property identified on the assessment roll as Assessor's Parcel Number 024-172-11. b. The Assessor's Parcel Number and any addresses shown on the assessment roll are attached hereto. 2. That, according to the Company's property records, (but without examination of those Company records maintained or indexed by name), there have been no documents recorded subsequent to APRIL 1991 purporting to transfer title to any of the properties listed. p� RECEIVE ® AUG 2 3 1991 , Cent.cf Cc:nr. Deve;e�l^ent SCE SPECIAL RAGE 24-/79 FM SVeSURFACE FEE TITLE ASSESSMENT :1115 ss�s MAP I"DE.c on P"°."'m coulm „rz,lsscuofl -OOR.A/M 5//2,SEC.//,T.6S.,R//W. 24- 7 fa cuuurrE[a so frs raranulti IfQ11 .ssuwl my wDan.a arm wall, fm 0 1 OE IErN00JCED.4L AGNA 1l�VVEO ` :0l7fi�GNi OMNti m/MTr IStBSDq rqa I� . /GO, 7►4 PIP se TRACT 12 /IBAMQ eo RR r/w/ o j I Q ; `O j (D5 HUNT/NGTONul 176) 0 4+ N p R !t!t Ac. O 2 `10 H 6 b ` W o o; NO. /30/7 4- BLK. 503 LAKE 100 STREET � v —r I 1 •• ,s. c � �. •e' •e 'e e� ke• t•, ys �, 1 1 1 1 1 f 1 f 1 } 2 00 6 0 9 2 o 21 23 lot t� 1 t• 1 t9 I7 1 1 I � i•� !l !J !J ! 2I ?J 2J• 7/ �1 J I + 7. ! !7 !J !! IS MAP WAS PREPARED FOR ORANGE �is, 36;541 5;F11;2 1 ,v zzf , 16 f t. 12 81 6 . ►� -a4?. M rs io s J� _ UNTY ASSESSOR DEPT.PURPOSES ONLY f •• 1 .. I t' ,�, .. 1 gel 1^ 1 '1 1-1 G R;!. 10 11!ll q �; �, w� .n,s 6 •1 E ASSESSOR MAKES NO GUARANTEE AS TO i 11 , 1 Sri a ACCURACY NOR ASSUMES ANY LWKITY 1 w 13 1 s 1 e 1 to 9101 a =IR OTHER USES.NOT TO BE REPRODUCED. $ 1 1 1 •: >w ' 1 1 11 r 4,L RIGHTS RESERVED. I I I1 1 f 1 CCOPYRIGHT 03ANGE COUNTY ASSESSOR 199D ,: 1 1.,;1 ' 1 1 °' f 9 & o' ,s' ��,�, 60' MAIN ! STREET • KpIN — Sl r �y o° it 13 NOTE ASSESSORS EIOCK b %SSFSSr;o S A Aj _ MARCH /94B NUNTr/GTON B£ACN,MAIN ST SEC MM. 3-43 PAIRM NUMBERS FOOK 24 PAr:f 17 TRACT NO 13017 MM 589-49,50 SHOWN IN CIRCIES COUNfr Of 09 z4-13 THIS MAP WAS PREPARED FOR ORANGE 2 ACAC14 AVFN!/£ COUNTY ASSESSOR DEPT.PUkFOSES M.1tY THE ASSEaSOR MMES NO GUARANTEE AS TO •••• ; ,� ITS ACCURACY NOR ASSU'AES ANY L ABKM \ ------ FOR OTHER USES.NOT TO BE REPROOM All RIGHTS RESERVED. 17 000PYRIGHT ORANGE COUNTY ASSESSOR I --�HUN TOW •z �/ W f. 20 O135 4 6 J ,- KA BLK. 505 b <9 ju IA ALP cor t29 •• p ;./ y PECAN AVENC+E' 4 �.• TRACT o '�s �� r 12 •/! i �c^� 1 o. L13 _ x ••' 13 �J 1 (WAC 31 % i! 21 .1 13320 q )rRAC 4(,p� �• i ('•� •'•• 2) •'• r.•r �:/^,/fir �/ S r 9 r� W1.31 1o38 �e��' /'/,l"'J .. BLK. _403T32 Q_ ,rm 1 16 . 32 1s 14 Iv ' + (/-'��• r• •• , 34 /♦a• 76 lbl 404 1l1 �� t �./....� / T /! , 19 W h • ! V-_ S _ h • t 36 12 an 20 21 22 23 O, ,. 37 r' —___•- _ BEACH_ : 4 t.D1 �L.. T " AVENUE " QQAN6E -9 14 NOFF ASS(SSOR S acixx a AS!rs�'?k S _� ? r 19411 HUNT/YGTON BEACH +•-Iry sr SIC) 1N, M 3— 43 PAPCEt Nt+MAfRS WOK 24 PA" 13 h TRACT NO 12900 N. 621 10 4T1N1 SHOWN 1N �rRC1ES COUr+1/ (?I 1 .r.•,� --� TR,4CT NO 14122 MM 656- i/, 12 CUP 90-48 A_JRESSES (1055D) Rita Sadako Richardson Peter J. Ryan Robert Smith 4 IS Townsquare #301 415 Townsquare #101 415 Townsquare#313 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Peter C. Harmais David Chavez ! Kimon Haramis Matallana Voigt 415 Townsquare #103 415 Townsquare #104 415 Townsquare#105 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Julie Migliaccio Jeffrey Koegel James M. Horist Andrew Migliaccio Jeri Koegel Jody L. Horist 415 Townsquare #106 415 Townsquare #107 415 Townsquare#109 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Arthur & Brenda Coopman Robert P. Castro Gregory & Laura Carrow Bernadine Smith Mildred A. Castro Joseph & Yonda Carrow 415 Townsquare #110 415 Townsquare #111 415 Townsquare#112 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Yogesh Parikh Joseph D. Robertson Edward S. Brown Bharti & Mihir Parikh. 415 Townsquare #113 415 Townsquare #114 41 5'Townsquare#122 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Harry Rubin Gilbert & Julie Jones Edith Rubin Thomas Jones Lynn Tetrault 415 Townsquare #123 415 Townsquare #124 415 Townsquare#125 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Phillip James Gallagher Jerry Nuzzo Sharon Jean Tetrault Kristie D. Gallagher Erin Warde 415 Townsquare #126 415 Townsquare #127 415 Townsquare#201 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Alan & Barbara Schwartz Robert Lacy Susan Schwartz Inger Jurs Leonard Zemaitis 415 Townsquare #202 415 Townsquare #203 415 Townsquare #204 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 -.ee S. Burke Myra Michelson ;;;::-:aren D. Branton 6rKathleen Carreras 415 Townsquare #306 415-Townsquare #307 ' 415 Townsquare #308 .Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Surjit & Kawaljit Kalsi Susan B. Lavine Sabine Wromar 415 Townsquare #309 415 Townsquare #310 415 Townsquare #312 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jeffrey Horton Jerry S. Kaufman Eleanor Michelson Kathleen A. Horton Diana R. Kaufman 415 Townsquare #313 415 Townsquare #314 415 Townsquare #315 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Shelley L. Johnson David Marin Curtis D. Platt 415 Townsquare #315 415 Townsquare #317 415 Townsquare #318 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Sante Campanile Ted Szuba Leslie Pinchuk Karyl Campanile Carol Szuba Judy Pinchuk 415 Townsquare #319 415 Townsquare #320 415 Townsquare#321 Huntington Beach,.CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Peter Crowley, Jr. Nancy T. Crowley Mola Development David S. Coopman 415 Townsquare #322 415 Townsquare #323 415 Townsquare #324 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Simone R. Broderick Beverly Mendes Carlene L. Anderson 415 Townsquare #325 415 Townsquare #326 415 Townsquare #108 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Robert Delmonte Dennis K. & Dana L Sata Sonja Jurs `imothy O.Brien -RhLinda Rudolph * Ron Sata 415 Townsquare #205 15 Townsquare #206 415 Townsquare #207 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Roger A. Hiles William Beck Elizabeth S. Hiles Patricia Beck Mark Miller 415 Townsquare #208 415 Townsquare #209 415 Townsquare #210 Huntington Beach, CA 92648 - Huntington Beach, CA 92648 Huntington Beach, CA 92648 Gary L. Wilkinson Gerald Holombo John 1. Hooker Susan Wilkinson _ Martha Holombo 415 Townsquare #210 415 Townsquare #212 ~� 415 Townsquare #213 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Gregory & Margery Ziemba Fred Shafer Robert & Margaret Prichard Margart Shafer Robert Briggs- - 415 Townsquare #214 415 Townsquare #215 415 Townsquare #216 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Paul Liguori Keith B. Bohr* Nicholas & Anna Mae Liguori ' Franco Galanti Brian Olsan 415 Townsquare #217 415 Townsquare #218 415 Townsquare #219 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Mathew A. Harty Joe Weber Burnett Lawrence D.-Harty 415 Townsquare #220 415 Townsquare #221 4-15 Townsquare #222 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Michael & Robert Hagemister Robert Bruce Mark E. Lohrbach Tamlyn Lybeck Susan Bruce 415 Townsquare #223 415 Townsquare #224 415 Townsquare #225 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA"92648 Deborah L. Kessler Alan H. Kessler Daniel & Janet Bradley Steven A. Sarja 415 Townsquare #226 415 Townsquare #227 415 Townsquare #302 Huntington.Beach, CA 92648 Huntington Beach, CA 92648 _ Huntington Beach, CA 92648 Norman Branyan Peter Paxson Michael P. Delaney Tsarina 1. Branyan Alberta Paxson 415 Townsquare #303 415 Townsquare #304 415 Townsquare #305 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 ' . APN: O24-133-13 APN: 024�133-27 APN: O24-133-29 Town Square Master Community Town Square Master Community MolaDevelopment Corp 4699 Jamboree Rd . 4699 Jamboree Rd . ' � 4699 Jamboree Rd ` Newport Beach CA 92860 " Newport Beach CA 92860 . / '. Newport Beach CA 92660 / - - - - '-----��-------' ......... `| '---- ' / APN: 024-1 P 33-4� � N 1: �24- 75-10 APN: 024-173-01 - Mola Development Corp City of Huntington Beach Huntington Beach Company 4699 Jamboree Rd ` P O Box 190 ' P O Box 7611. . . . . -� Newport Beach CA 92660 Huntington Beach CA 92648 ' San Francisco C# 94120 ' & APN: 024-176-13 #PN: O24-178-14' APN: �>24-171-09 -" City of Huntington Beac Hn h ' utingt e on Bach Co ' 1--l /ntington Beach Co 2000 Main St. ' P.D. Box 7811 P.O. Box 7611 & .. Huntington Beach CA 92648 San Francisco CA 94120 San Francisco CA 94120 APN: 024-172-07 #PN: 024-172-06 APN: 024-175-02 =~ Philip Zisakis . Virgil E. Brewster ' City of Huntington Beach 16351 Tufts Lane 7922 Speer Ave. P.O. Box 190 .� Huntingtn Bch Co 92647 Huntington Beach CA 92647 Huntington Beach CA 92648 ~� | � | ' | APN: 024-172-01 '� APN: O24-176-O8 �� APN: (>24-173-02 � . John R. Knox || Leo D. Marchand !| Eula V. Higgins o 13472 Tulane St. ' 6060 Mustard Creek Rd. ' 505 Lake St. � | [ .. Westminster CA 92683 '/ Paso Robles CA 93446 " Huntington Beach CA 92648-4909 V ' ' APN: 024-172-05 024-172~04 | APN: 024-172-03 Virgil E. Brewster y Christopher Crai� ! James T. McBeath 7922 Speer Ave. 529 Lake St. : 19522 Westwinds Lane ' �� Huntington Beach CA 92647 / Huntington BeachHuntington Beach CA 92646 ��CA 92648-4909 � ' / ApN: 024-172-02 APN: 024-173-03 APN: 024-134-01 � James Travis Mc Beath Anna Rose Hodak | i James Riley Fox 19522 W t i d L. � 1O41 13Th St i 11783 Et D es w n s ane . on r. Huntington Beach CA 92646 Huntington Beach CA 92648 l \ Grand Terrace CA 92324 ~~ APN: O24-134-02 APN: 024-173-05 APN: 024-173-04 City of Huntington Beach Redevelo Andrew Stupin ill Robert J. Koury 2�00 Main St. � . 37O1 Birch St. P.O. Box 65176 Huntington Beach CA 92648 !1 Newport Beach CA 92660 Los Angeles CA 90065 APN: 024-172-11 ! APN: 024-172-10 . APN: 024-172-09 ^ | ' Hertha L. Backlund | Anna Rose Hodak | � Gun Eun 27051 Hidden Trail Rd . | 1041 13Th St. . / | 5102 Churchill Ave. - � Laguna Hills CA 92653 ] Huntington Beach CA 92648 | � Westminster CA 92683 ) � APN: 024-172-12 � APN: 024-135-01 APN: 024-134-09 City of Huntington Beach City of Huntington Beach B. M. Jurkovich 2000 Main St. " 2000 Main St. 241 Argonne Ave. . 1 Huntington Beach CA 92648 | Huntington Beach CA 92648 ` Long Beach CA 90803 | | ) | . ! � | , | l | � � . ~] ' -J ' -` _ ' � | � � � . � ~ Robert Smith !!! Fred L. Shafer Allan Schwartz 415 Townsquare Lane No. 102 !i 415 Townsquare Lane No. 215 415 •T•owncenter Lane No. 202 Huntington Beach, CA 92648 (jI Huntington Beach, CA 9264B j Huntington Beach, CA 9264E) Bennis K. Sata ! Robert Lacy !� Keith B. Bahr 415 Townsquare Lane No. 207 di 415 Townsquare Lane No.. 203 it 415 Townsquare Lane No. 21.9 Huntington Beach, CA 92648 ilk Huntington Beach, CA 92649 , Huntington Beach, CA 92 640 t taante Campani:lle ii Robert Philip Delmonte Michael P. Delaney 24556 Kings Rd . i 415 Townsquare Lane No. 205 475 Townsquare Lane No. 003 Laguna Miguel , CA 92677 Huntington Beach„ CA 9;�649 Huntington Beach, CA 92648 t'.. H. David Chavez Robert P. Castro i Kathleen Carreras 4:15 Townsquare Lane No. 1.03 4:15 Town Square Lane No. 1.1.:1. i 415 Townsquare Lane Mo., 308 Huntington Beach, CA 92648 Huntington Beach, CA 92648 IHuntington Beach, CA 92648 � ro David Bc.cr-net.•l•. William L. Fr•ec:b: Lee S. Burke 415 Townsquare Lane No. 221 415 Townsquare Lane No. 209 415 Townsquare Lane No. 507 Huntington Beach, CA 92 648 Huntington Beach, CA 9264B Huntington Beach, CA 92641-1 Robert 6. Bruce Edward S. Brown Simone R. Laplante Broderick: 415 Townsquare Lane No. 225 415 Townsquare Lane No. 11.4 1 415 Townsquare Lane No. 325 Huntington Beach, CA 92648 Huntington Beach, CA 92646 ;i Huntington Beach, CA 92648 If i� Robert Briggs f Franco Cialanti Jeffrey A. Koegel 1. 19 Lark Field i 415 Townsquare Lane No. 1.07 !! Laguna Niguel , CA 9 677 I Huntington Beach, CA 92648 '! ll ! I r' Shelley L. :3c: hnMn - !I Deborah L. Kessler i Matthew B. Kaufman 415l rywn gc.c<:�rE:. Lane No. ..;.Lf.; ! 415 Townsquare L..anc:. No. 2::.6 .:311.0• .;.. Ramona -lur-i t:i.n g ton Beach, CA 92648 Huntington Beach,, CA 92640 Santa Ana, CA Timothy Michael Dbrien j! Joseph D. Robertson Timothy H. Roberts 41.E Townsquare Lane No. 206 41,,, Townsquare Lane No. 1.13 1.8567 Callens Circle Huntington Beach, CA 9264.8 i' Huntington Beach, CA 92648 Fountain Valley, CA 92708 !i I i. Peter Oakes Paxson +.! Peper Oakes Paxson i! Yogesh R. Parikh 415 Townsquare Lane No. 05 "i 415 Townsquare Lane "' 415 Townsquare Lane No. 12 L Huntington Beach, CA 92648 �!: Huntington Beach, CA 92648 '; Huntington Beach, CA 92648 ;Perry J. Nuzzo i� Harry L. Rubin .j Robert H. Morris 415 Townsquare Lane No. 210 415 Townsquare Ave. No. 123 i 415 Townsquare Lane No. 317 Huntington Beach CA 92648 Huntington Beach„ CA 92648 � Huntington Beach, CA 9264EI i Myra I•=. Michelson ji Beverly A. Mencius Mark. E. L_cahrbach 415 Townsquare Lane No. 306 i' 415 Townsquare Lane No. 326 415 Townsquare Lane No. .:.23 I I-Ic.uit:inc3ton Beach, CA 9264£3 i, Huntington Beach, CA 926483 �: HuntingtonBeach, (.A j i92648 i� Paul Eugene L:i gouri i Peter J. Ryan i Susan B. Levine j 415 Townsquare Lane No. 101 i 415 Townsquare Lane No. 310 Huntington Beach, CA 9264B i Huntington Beach;, CA 92640 li iIt Sharon ..Mean Te Ult i, Gregory Paul liemba Leonard E. lemaitis 415 Townsquare Lane No. 214 it 1.0221 ;slater Ave. No. 216 Huntington Beach, CA 92648 Fc untain Valley, CA 92708 is Sabine Wromar i' Joseph A- Weber it Russell Voigt 415 Townsquare Lane No. :,312 ii )415 Townsquare Lane No. 220 i 415 'Tcawnsquare Lane No. 105 Huntington Beach, . CFI,'„", 9 fi4E3;' ' :I Huntington. Beach, CA 926413 � Huntington Beach, CA 92648 ii Patricia E. Tetr•ault Steven A. >ar;ia :3;7•UBA Teed I-_ & Carol A - 445 Townsquare Lane No. 108 4:15 Townsquare Lane No. 302 181.0:1. Wellbrook, Ci.r•r.::Le Beach, 92648 Huntington Beach, CA 92648 Huntington Beach,h, CA 92647 Dei..ich!, ('.'o 926/4B -in 1. Ic -.er Jeffrey V. Florton F"hil.lip J��.wies Gallagher Jol _w I )(:)I, 41.5 Townscjt.u.xrc� I_ane No. 314 /415 Townscluare I-e-ine Mc.). :1.27. 415 Townscluare Lane No. 211. I-ILILI-Iting-Lon Deach, CA 92648 Huntington Beach, CA 92648 Hun ting ton Beach, CA 926,18 (3er-,-.xlcl Vance Holombo Rog r I e Matthew A. Harty 41.5 'T'(.-)wnsqu;..xre I.-ane No. 213 l 415 Town square Lane No. 222 Fluntington Beach, CA 9264E.3 Huntington Beach, CA 926/118 (3. Hage(neister 41.'z3 Townscluare I..ane No. 224 Fluntington Beach, CA 92649 ............... it .......... C 1.. i Z k: Io�z�9/ ,r n Ina Zoe " &�&t, q 9z� Rev . Mike Foell RECEIVED CITY CLERK, Community Bible tQ-�µ jch 401 Sixth �tNTe' t, F Ar,'r;, G4UF. Huntington Rea4ph , Ca . 92648 OCT l 3 55 PN °9) Mayor Peter Green 2000 Main Street Huntington Beach , Ca . 92648 Dear Mayor Green and City Council : I represent the congregation of the Community Bible Church on the corner of Sixth and Orange Streets . We Oppose the extended hours requested in the revision of Conditional Use Permit for Niccole 's Restaurante for the following reasons: 1 ) Parking is already a problem and the extended use will increase this problem for those living nearby . 2 ) The noise level and increased hours of noise would be increased not only inside- the restaurant but outside , most particularly . 3 ) We do not wish to see any more establishments in this area that will be encouraging drinking until 2 a .m . and then driving home after having extended their alcohol consumption well beyond mealtime . 4 ) Finally , a nightclub atmosphere is not appropriate for this area which is mixed use with residences , church , and commercial until 10 p .m . currently existing . Thank you for your consideration in this matter . Sincerely , Mike Foell CC: Mike Uberaga Ray Silver Mike Adams Howard Zeleski •4 y I Q WE THE UNDERSIGNED SUPPORT NICCOLE' S RISTORANTE FOR A REQUEST OF A REVISION TO CONDITIONAL USE PERMIT 090-50 REQUEST: 1 . Musical Accompaniment to Existing Piano Entertainment . 2 . Adding a . 115 Square Foot Dance Area 3 . Extending Hours on Monday through Thursday & Sunday to 1 : 00 AM and Friday & Saturday to 2 : 00 AM C GH�''Pcf Tisf•, _ BAG s�-i�G /y C e EXHIBIT A NICCOLE'S .RISTORANTE NAME ADDRESS PHONE l Goo-zu /�, Cal 42lo�g r sz� S i CA 6. G d� ,y O G a WAA G �f 5-0 NICCOLE'S RISTORANTE NAME ADDRESS PHONE U(tv t2► Cv� l e �IVIV /Y Cam• I 17 01 1 AM2 ya" A-f-A �� ur /A-) Cv«s4- •'it-g— A A 7901 �„ , � �•i Fyn � �:� % � -- el PC IINO �• z -� C • - t' -✓- t -z- �'c4 NICCOLE'S RISTORANTE x �s NAME ' k C. L W ADDRES S �(U MA /N :�, {'�{�� li�` � PHONE U Mo f/.A114A4e 0 Nc'�/44 o/yJAI h4) t J •` �! - � ' • � ' -', � - � �.j a �,� .� .. .: YAK: � L r� (bo Y NICCOLE'S RISTO RAM NAME ADDRESS PHONE - 9 AJA Q e( A PAII /0 1/. fh 53G - SSG -- - r1,cC2, e_�� _,�'s1 f \l S -- w \rA- -e-,ql"a* Ro54C /V X C 0-1 6 Ke-"/v I Y Sys vi AA •lam' i `�'"� �V/ / � i � /� �J-w"✓ '�lJ+'�L l �l � �Ir�./! [ ��•, x`���.�y.' aideu 0,;-cL gl 'OU Gj 3 _.,fib NICCOLE'S RISTORANTE NAME ADDRESS PHONE -7 52- 1 Vag d-i"; � A 9v�Z G�ucAs L 96 r�-r7s V -"4 2 G>/t T G S4 He 1C-0- ii'l-isd�� 9�6 20 S' i _�N'51� .I�V�, r.._� ��.(`.!,.)�✓1 .\`� U�J(- �-_ 9.).1 rC-,�CJLi �I/' �►'C C�- Oi�� �`_��)•- ���•.� NICCOLE'S RISTORANTE NAME ADDRESS PHONE rJ40 i AY -41 ). ( ► �� � k� III , ,, :r-,r' a co 4(o L b'!�,Cl(�t �bla 610 7:1'J6� A-lo or)i"YU 5 T % r' Cq o r e OCR -7y ) qj AI 0�1 I �Ibv, I"7,9,Pl 41,All 145 C- f, l '1 J + 7x--,'r,"(.1 96-" 7 7. ix dd� C • • _ f 1_- tl fir F. 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